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do you have an hoa horror story?

Published Oct 23, 2008
Views: 1762

Hello GOLO:

Have you ever had an issue with a homeowner's association? I belonged to one for 8 years in Florida and never had a major issue, though I wasn't always happy with the policies.

I consider myself lucky though because I've heard some wild stories, and there were many of them in the Sunshine State.

Just want to point out the story on WRAL-TV about  a homeowner whose association tried to force her to replace the trim on her house AFTER they approved it..at a cost of nearly $18,000.

How about you? Do you have an HOA horror story? Do tell.

(Update: Be sure to catch the follow-up on the incredible power of homeowner's associations  and why you have to know the rules, airing on WRAL News Thursday, November 13 at 5:00pm)   

Here's a sneak peek! 

 

Filed under: Consumer




81 Comments


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HOA boards that do unreasonable things and management companies that let them get away with it foster these comments you see here. 99% of the people who say "My HOA is full of crooks" or "my Board is full of nazis" have it all wrong. If they read their covenants or spoke with the board or manager, they could have everything explained. But because of the few that are unreasonable (like this story) people hate and distrust HOAs. Then before they ask their board where their money is really spent, they instead stay home and grouse about how their HOA is awful.

WRAL is one of the main contributors to this problem. I heard a radio ad, saw a facebook ad, and saw a TV ad all stating that "HOAs own you, right down to your grass" and that "EVERYONE has an HOA horror story". Just like all local news, they ramp up isolated situations to make it seem like a rampant problem overtaking the state. This is what happens when they don't have the skills to cover real news. It's a ratings grabber.

Reasonable HOAs are probably the exception to the rule. Even the government by the judicial system offers a fair process. You will be signing off your rights in a HOA when you sign that covenant. It is a private land contract and most often whether there is merit or not, the HOA prevails in a lawsuit. People with peanut size brains get on the HOA boards. Thats the issue. They do not understand real estate, do not understand state/federal/county/town laws, don't understand what is reasonable, don't want to work with people to reach amicable solutions. The presence of the extra cash pile blinds their judgement and is fuelled by their love for unchallenged authority. And then you have the management firms that want to maintain their paychecks and will dance to the tune of these bums. I say Wral is doing a fine job. HOAs should be contrained in their powers and new NC state legislation should crack down on HOAs and do enforcement.

I actually like having a HOA in my neighborhood. As a perfect example, my neighbor decided to have some patio work done to his backyard. He recieved approval from the HOA, and all of his neighbors (including me). For the next 4 months his front yard had mounds of sand, gravel and paving stones, and the project wasn't even half done. The people he hired only worked one day a week, if that. We talked to the neighbor, sent emails, nothing worked, then we got the HOA involved. It took until the HOA actually fined the neighbor for them to do anything. The project should have taken 2 weeks, 3 at the most. As of today, it's almost done, 5 months later.

I'm glad that my HOA was able to step in and force this neighbor to get the work completed.

HOAs have their place. I have seen both reasonable and ridiculous ones. Unfortunately I am faced with the ridiculous side of HOAs at this moment. Rules and Covenants have a real purpose but when boards act unilaterally on issues that affect the entire neighborhood but do not seek input from all affected parties and get ALL the facts, that is when they have crossed the line. Now the neighborhood has been polarized with an US and THEM mentality. The Board has made the neighborhood more dangerous and the town let them do it. The board misrepresented the community to the town commissioners so the board could get the result they wanted. Unfortunately once actions are taken its twice as difficult to get things undone.

October 30, 2008 I made two request by letters to the HOA, dated 27th of August and 24th September 2008 without any response from the HOA about the dues you say that I owe. The HOA By-laws gives you (the HOA) two weeks to respond to my requests. After this you (the HOA) gave up your rights to any and all assessments to date. Attached are copies of the two letters that I sent to you and as to this date have yet to receive an answer from anyone. As of this date (October 30th 2008) by the HOA By-Laws, I do not owe any dues to the HOA. Thank You Cc: All Home Owners

September 24, 2008 part 1 On the 15th of August I received an unsigned letter from the “Offices of the Board“. dated August 9, 2008. I also received an identical copy of this same unsigned letter that was sent by certified mail. I also received a copy of this same unsigned letter on September 17, 2008 stating that it is a second notice and it also had an additional $200 penciled in. This letter was somewhat confusing to whom it was address to. If this letter is in reference to the 2008 year HOA dues. I will need a few things from you to validate the increase in dues for 2008 and the change in the date that the HOA dues are due. I have requested this information from Mr.C & Mr.MC without any reply. When the Dues are due, is the only time I receive a letter of any kind from this HOA. You should be able to compile this information for me in 48 hours. Since this is archived material that the HOA is required by law to keep and make available to all homeowners upon request.

September 24, 2008 Part I also request a hearing on this matter. 1. I need the minutes of the meeting held in July and September 2008 that was signed by you and the board members, showing when, where, how and who attended. 2. I need the official paperwork that shows the changing of the due date of the HOA dues from April 1st to January 1st. that was signed by the board members at the time it was changed, showing when, where, how and who attended. 3. Since we are already three fourth the way through this fiscal year, I request to see all the receipts for the expenses incurred by the HOA to date. Also I need to see the finical ledger that shows all the income that has been collected, expenses incurred and dispersed to date. 4. I need a copy of the HOA’s 2008 budget that was signed and approved by the board members.

September 24, 2008 Part 3 5. I need to know if the HOA is paying Mr. L and his daughter to mow the grass at the front entrance, if so, do they have workers’ compensation insurance? If they do not have insurance and incur a disabling injury the HOA becomes liable. The HOA is defenseless to any claims even if they were injured elsewhere. Didn’t he complain about the guy that we had? Wasn’t he insured and cheaper? 6. If you are paying them, I request to see the other two bids that the HOA should have obtained. 7. I would like to see the estimates that the HOA receive to repair the entry way signs. 8. I need the name, address and phone number of your legal counselor. 9. I request to see the complaints that the HOA has received, including those that have yet to be addressed. 10. I ask that this HOA keep me better informed, so I don’t have to rely on the grapevine for my HOA news.

September 24, 2008 Part 4--The HOA BY-LAWS states that the HOA will keep detail records of everything they do and make this information available to all homeowners. The HOA must govern by the BY-LAWS and can not just pick and choose what they want to do, enforce or to whom it is enforce upon. You can look around and see that there is a different set of rules compelled on a few of us. If you have any questions please give me a call. I have put dues of $125 in a separate account at the Bank. This money will be disbursed to the HOA as soon as it fulfills the HOA BY-LAWS and reaches a state of compliance specified in the Palomino Gaits Protective Covenants. Thank You I NEED ANY AND ALL HELP THAT ANYONE CANE GIVE ME (ANYTHING)?!,:;

August 21, 2008 Part 1 On the 15th of August I received an unsigned letterfrom the “Offices of the Board“. dated August 9, 2008. I assume this to mean the HOA. Mr C I address this letter to you since your name was given as a reference. If this is in reference to the HOA dues. I will need a few things from you in order to justify the increase in dues and the change in the date that the HOA dues are due. 1. I need the minutes of the meeting held in July 2008 that is signed by you and the board members. 2. I need the official paperwork that shows the changing of the due date of the HOA dues from April 1st to January 1st. 3. Since we are already halfway through this fiscal year, I request to see all the receipts of the expenses incurred by the HOA to date. 4. I need a copy of the HOA’s 2008 budget that was signed and approved by the board members.

November 15, 2008 Part 1 RE: The Operations of the XXXXX HOA and Their refusal to abide by the Buy-Laws Mr. Horack Talley 2600 One Wachovia Center 301 South College Street Charlotte NC 28202 I am having problems getting information from this lf appointed Board, and I am sending you copies of the letters that I have sent them showing the requested information. All of the Board Members are not in compliance with the covenants, but try to use extreme selective enforcement on some that do not conform to their coconspirators. I am blunt an to the point as you can see. I am not being properly notified of meetings and I am constantly denied access to information or HOA Members. When I approached the newly appointed HOA President Mr. M C with my letter dated 24th September, 2008, he became furious and asked me to leave his property and not to telephone him and that if I had something to say to do so by letter. WHAT IS ONE TO DO?

November 15, 2008 Part 2----. As I understand the NC House Bill 1541 6.e effective on January 1st 2006 that this paragraph to mean, a written request from owners must be responded to within ten days, I take that the lack of a responds, this Association has given up any and all right to this day to collect any dues that I my of owed to them. I need any help that you can give me and thanks in advance HELP HELPP HELPPP!?

this is in responds to imharri2

what we need to do is set up a fund and when we get monies to fund for a lawyer, and take legal action to the point that they can't fund the HOA, the liberals have taken over and there interruption of the rule of law is not even close. let's go for it suggestions? Or HOA Secretary told me that if it enhances the neighborhood it is OK even if it's disallowed in the protected convenients. I can see how this can get real messy and they will not allow us to see the books and can do as they please and we are excluded from the meetings that are held without our knowledge and they can hide behind the LLC without penalty. Plus we have to pay HOA Dues the law to them is a gray area but for us it is enforced to the letter. We need help

Hey people, why don't someone start putting together a group. We can all meet and discuss to share information. tnx

The Board of Directors for HOA's in NC exist to serve themselves. The lengths that they will go to in order to avoid complying with the rules they are charged to enforce is astounding. For example, creating openings on the board and then appointing directors to fill those openings right after an election where the appointees either withdrew from the election or failed to achieve the highest vote totals in order to push forward an unpublicized agenda. Neighborhoods created before the enactment of the Planned Communities Act are even worse off. The state legislature needs to take a look at these organizations and enact new legislation to protect the citizens of North Carolina by specifying a new set of guidelines for how these organizations are to operate. Specific rules are required for the ARC committees of these HOA's that mandate they apply their rules evenly to all. In my neighborhood, the will of the few far outweighs the wishes of the many. We need protection!!!

this is in reply to cemasters November 13, 2008 11:31 p.m. Report abuse guestion to you are you a board member? all of our out of compliance. i have been in a lot of HOA,s REED some of my other post. better than why don't you come and me our board? i will not buy again where and HOA can RULE with the power next to God. I think we can win if we fund a LLC and run them out of the state, and when their dues get so high there will be tarred and feathered. it reminds me of the USPS. it want be long before you hear of a home owner going POSTAL.!!!

Hi ,, I am Allen ,, I live in the Woodlands Tx,,, North of Houston ,, Recently I applied to Move my fence to my property line ,,, the excuses I got were horrible ,,, But I did my research and got letters of approval from all uitility companies .... But it did not matter ,, though I own the property ,, I have to keep my fence a minimum of 5 feet away from the Corner Property line .. My back yard in very tiny only 26 feet deep and 50 feet across ,, being able to move my fence on the street side would add an additional 900 square feet to my yard ,, and make me feel like a human... These people are on a Power trip ,, and are like the German Gustopo or something ,, they control things with an iron fist .. And stupid me ,, I am not a lawyer and could not decipher all the words in the covenants before bying .. Now I hate my place and can not wait to move and sell and have much better life .. I have no room in my back yard ,,I am retired and this sucks .

To the two that commented about RS Fincher, you couldn't be more correct about what a joke they are. If you're seeking an HOA management company, stay away from them! The owners are bigots!

Fl Camelot Woods HOA are ridiculous they are mandating us to replace grass on a hill at a cost of $3000. The ludicrous part is it they are doing it to benefit one crabby neighbor who wants it that way. There are only 2 neighbors who can see the back area and the rest are cows--i don't think they care what color my grass is. The other ridiculous part is that the grass is green it's just crab grass--not St. Augustine. Can't believe we pay these a holes to harass us

Completley agree with all of you that have posted here about RS Fincher. They seem determined to target only specific people and not others. Our motto has always been live and let live, but when we notice unequal treatment, and have been subjected to this ourselves, it necessitates giving the matter a voice. We have noticed that in our neighborhood, nothing is said to family members or friends of people on the HOA board, yet others are taken to task for the most miniscule of what RS Fincher thinks of as "infractions". Completely unjust.

Yeah, really too bad about RS Fincher and others like them. You would think with everything going on in our world today they would be worried about much more important things than the trivial bs they harass people about!

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