Couple bankrupts HOA, have to sell community square

[vacuum]

All because they were told their Obama sign in their front yard was too big in 2008.

Look at this mindset:

The Farrans said the HOA had a reputation for hard-line stances. In one case, board member Don Hughes compared some residents’ refusal to install window-pane dividers to the “cat and mouse game Saddam Hussein played with the USA,” e-mails show. Ultimately, Hussein “paid the price,” he said, concluding that the residents should comply.

I applaud anyone who stands up to this kind of stuff. Maybe they've changed their political stance too? I'm sure the washington post wouldn't report it if they did...

http://www.washingtonpost.com/local/fairfax-homeowners-group-humbled-by-court-battle-with-residents/2013/02/09/d46f9bec-6652-11e2-93e1-475791032daf_story.html

[Dogman]

Anyone that agrees to live in a HOA controlled area needs their heads examined. It is bad enough to live and have to deal with local city/county bureaucratic ass-wipes, to put up with even more crap from your neighbors.

[Libertytree]

That couple must be retards! He's a beltway lawyer and should know full well the scoop on HOA's and if he didn't then he didn't do his due diligence. I'd bet good money he's a smug motherfucker.

[Cebu_4_2]

All a matter of principal and started with a fine over a yard sign 4 inches too tall. They could have pushed it farther into the grass but according to the article there was some other issue where they cut the sign in half and posted both on the lawn. We need pictures of the sign(s) the deck and roof so we can better make fun of the stupid shit that goes on in the US I.

[willie pete]

I can relate to this, unfortunately I'm under an HOA, and whats happened around here is one individual, the president, a retired elderly man with too much time on his hands, has taken it upon himself to come up with ideas and implement them without cause, its really a control issue, and just last year (December) there was a clause put into the covenants to extend the presidents term 2 years more, making it a 3 year position, and if you say. "why don't you vote him out?" ...well you need a quorum of owners to do that and unfortunately we don't have it, so that means the board can table rules and policies and vote on them and the owners can't stop it....something else to all the uninformed know-it-all assholes out there, there aren't too many places around here that DON'T have some type of HOA or condo association, so STFU ::)

Something else to consider, in Florida an HOA or Condo association CAN LEGALLY force you into Foreclosure, take possession and sell your property if your in default on your monthly fees

[MNeagle]

Future job w/ Agenda 21 I'm sure...

[Heimdhal]

I can relate to this, unfortunately I'm under an HOA, and whats happened around here is one individual, the president, a retired elderly man with too much time on his hands, has taken it upon himself to come up with ideas and implement them without cause, its really a control issue, and just last year (December) there was a clause put into the covenants to extend the presidents term 2 years more, making it a 3 year position, and if you say. "why don't you vote him out?" ...well you need a quorum of owners to do that and unfortunately we don't have it, so that means the board can table rules and policies and vote on them and the owners can't stop it....something else to all the uninformed know-it-all assholes out there, there aren't too many places around here that DON'T have some type of HOA or condo association, so STFU ::)

Something else to consider, in Florida an HOA or Condo association CAN LEGALLY force you into Foreclosure, take possession and sell your property if your in default on your monthly fees



Slight correction: Only COA (condo) can force you into foreclosure. HOA's actualy have their hands slightly more tied, they can lien the property, but they cant actually force payment. They are also last in line for liens when a property is sold. The city, then the banks get theirs, then HOA's and other creditors get theirs.

I know this, because like the OP, I too fought a few battles with an HOA over my garden. I agree with you 100% though, I know you know the score with HOA's down here, it plays out exactly how you say. They start making them "laws from the bench" so to speak but none of the fucking lazy ass home owners give a shit as long as it isnt THEIR properties getting "fined" for total bs.

Needless to say, we are quite shortly leaving the HOA area we got stuck in when the economy took a shit (same year our first child was born) and I'll never enter another as long as I live.

[willie pete]

Slight correction: Only COA (condo) can force you into foreclosure. HOA's actualy have their hands slightly more tied, they can lien the property, but they cant actually force payment. They are also last in line for liens when a property is sold. The city, then the banks get theirs, then HOA's and other creditors get theirs.

I know this, because like the OP, I too fought a few battles with an HOA over my garden. I agree with you 100% though, I know you know the score with HOA's down here, it plays out exactly how you say. They start making them "laws from the bench" so to speak but none of the fucking lazy ass home owners give a shit as long as it isnt THEIR properties getting "fined" for total bs.

Needless to say, we are quite shortly leaving the HOA area we got stuck in when the economy took a shit (same year our first child was born) and I'll never enter another as long as I live.

I'm going to have to disagree with you and you're mistaken about only a COA can foreclose, the hypothetical situation I'm speaking of is if you don't pay or are behind on your monthly HOA fees, in Florida, regardless if your current on your property taxes and mortgage payments, the HOA CAN put a lien on your property and I believe it's after 90 days of no resolution, CAN start Foreclosure proceedings on the property to recover the delinquent dues, the HOA can in fact even purchase the property at foreclosure auction, and then charge you rent if you're still in the property or satisfy the first and retain the remainder....wanna wager a SAE on it? :)

[Horn]

Sounds like great Media opportunity for Obama to step up and demand leniency for freedom.

How many think he would?

[hoarder]

HOA and POA covenants are welfare for attorneys. Guess who writes them.

[Heimdhal]

I'm going to have to disagree with you and you're mistaken about only a COA can foreclose, the hypothetical situation I'm speaking of is if you don't pay or are behind on your monthly HOA fees, in Florida, regardless if your current on your property taxes and mortgage payments, the HOA CAN put a lien on your property and I believe it's after 90 days of no resolution, CAN start Foreclosure proceedings on the property to recover the delinquent dues, the HOA can in fact even purchase the property at foreclosure auction, and then charge you rent if you're still in the property or satisfy the first and retain the remainder....wanna wager a SAE on it? :)

I dunno if I'd wager, but I do remember this scenario being brought up at our last HOA budget meeting. See, our HOA is having massive budget crisis despite us paying 3 times more than we did when we first moved in. THeres a 40-50% non payment rate right now because of empty townhomes and foreclosed/bank owned town homes.

One of the wannabe-tyrants int he neighborhood brought up the "forced foreclosure" and possesion of delinquint units and the HOA gave us about a 40 minute long diatribe on how they've been "trying for years" and doing everything they could and how bad they wanted to foreclose on people who couldnt afford so they could kick them out of the neighborhood. However, they said they were told no, that HOA's cant force foreclosure like COA's can.

So, that is my main experience with that. I may totaly be wrong, but I pray to god that my HOA doesnt find out if I am, because they will go nuts on their freaking stalin-esque jack-booting of quite a few of my neighbrs.

[willie pete]

I dunno if I'd wager, but I do remember this scenario being brought up at our last HOA budget meeting. See, our HOA is having massive budget crisis despite us paying 3 times more than we did when we first moved in. THeres a 40-50% non payment rate right now because of empty townhomes and foreclosed/bank owned town homes.

One of the wannabe-tyrants int he neighborhood brought up the "forced foreclosure" and possesion of delinquint units and the HOA gave us about a 40 minute long diatribe on how they've been "trying for years" and doing everything they could and how bad they wanted to foreclose on people who couldnt afford so they could kick them out of the neighborhood. However, they said they were told no, that HOA's cant force foreclosure like COA's can.

So, that is my main experience with that. I may totaly be wrong, but I pray to god that my HOA doesnt find out if I am, because they will go nuts on their freaking stalin-esque jack-booting of quite a few of my neighbrs.

unfortunately laws were passed last year ( I think) that gave them, HOAs, the authority to take properties to foreclosure for non-payment or delinquent monthly fees, just as you describe, people were in foreclosure with their lenders so many stopped paying the HOA/COA fees too, which had the indirect affect you're experiencing now, higher fees to cover those non-payers, I also think it's law that the HOA/COA collect a certain amount every month regardless of any economic turmoil, that's why you and others HAVE to pay more, to cover the legal minimum, so IF you're neighbor is in foreclosure and is still occupying the property and isn't paying the HOA fees, he's screwing you too, of course it's probably not intentional, so as it stands HOAs CAN attach a lien and then foreclose to collect back due fees, now there's also another angle to this situation which probably helps a lot of people out, medium to small HOAs may not have the "funds" to foreclose on someone (it certainly isn't free even though most have a lawyer on retainer) so if you have multiply units in arrears, the HOA may not be, from a fiscal POV, be able to persue them, now the larger ones certainly would and do

Moral of the story: pay your property taxes AND your HOA/COA fees