HOA forces owners to keep garage open during the day

[s0me0nesmind1]

I am the president of a HOA by default, a pretty shtty job when some residents believe they are perfect snowflakes. Anyhow, that person would have been easily dealt with by having the building inspector tell him to take the unpermited cover down. The cover would be unpermitted, because it would require HOA approval letter first for the permit. Me...2 minute phone call to report him. Him...hours of jumping through the bureaucratic process if he's so determined. An attorney, if he could find one, will just steal all money in this situation. We've trashed all angry letters threatening to sue.

Yeah but what us your prerogative exactly to be a complete asshole to people for no reason? It's one thing if it looks like pure shit with metal coverings or something, but if anyone gets ANYTHING professionally done, why should you have any say?

 

[boomerang]

We moved into a gated community with an HOA late August. I have a lot of empathy for anyone that takes on the task of being on an HOA board. It's not just a job with no compensation, it's a job that makes you enemies and one that gets you little in the way of thanks. I have attended every board meeting and the shit these people put up with is astounding. They open it up for resident questions at the end and I'll tell you, there are a lot of ignorant people in this world. They exist across all economic classes.

We got a near direct hit from Irma 10 days after we moved in. The cleanup costs are slightly over $1,100,000. That's a figure that astounds me. But here is what the board was faced with and in actuality it was the Chairman because it became obvious rather quickly that he was pretty much going it alone while the other six members contemplated their navels.

The contractors available for cleanup, trimming, hauling, planting, repairing and replacing were (and still are) stretched very thin. The devastation is enormous throughout a huge area of the county and there just aren't enough bodies available to do all that work. What that leads to is no bid contracts. Contracts at x number of dollars per hour. Crazy, but what is the alternative? Wait 6 months, 12 months for the situation to stabilize? Imagine putting up with the phone calls if that was the case? Imagine trying to walk your dog, how many times you would get stopped and get an earful? On the opposite side of the coin is that the place was cleaned up in record time but many are upset about the contracts and the cost. Same phone calls, same getting stopped while Fifi is taking a dump.

 

[BarkingGhostar]

Walmart also has a lot of money and lawyers to do that though. HOAs tend to have legal experts and lawyers and the way the rules are written, it's very hard to fight (whether you fight the HOA or individuals that run it, it's just semantics), because it's all legal and sound from a law perspective. Well anything of that nature is like that. Bylaws etc are same way. Very hard to fight that stuff. Some of those rules are often really old rules too so if you try to fight it then people are like "it's always been like that". I suppose a super ridiculous rule, like in this case forcing people to leave their garages open, then you might be able to have enough people fight it, but it's going to cost a lot and take a lot of time. Lawyer fees, court hearings etc. The process can take years.

I think you missed my point. Walmart knew the HOA had insurance to protect its board members from a law suit against the HOA board members. So, Walmart filed individual suits against the individuals that happen to be on the board. I am not sure what angle they were arguing legally, but I bet it was something along the lines of playing professional land developer that wasn't their job and they lacked credentials to do so unlike the county zoning and development commission.

Either way the members of the HOA board backed down quickly and Walmart is here. It is a tactic I remember and keep in mind and suggest to others. It is one thing for board members to act all high and mighty with the insured protection from being legally taken to court as a board, but as an individual that is on your dime for defense.

 

[evident]

Not all HOA's are this stupid. but the ones that are... sheesh

 

[DietDrThunder]

The only people that want to be on the board of a HOA love to tell people how to live their lives and what do to with their homes.

First of all not all people chose to live in an HOA. All new neighborhoods in the city where I live are required by the city to have an HOA. It doesn't matter if the new homes are 900 to 1400 sqft or 3500 to 4500 sqft.

You are completely WRONG with your above statement. My next door neighbor lost his job 2 years ago. He has cut back his expenses, but hasn't been able to pay his HOA dues. What prompted me to run and get elected to the board was the HOA started foreclosure proceedings against my neighbor. By a 3 to 2 vote, I got the board to stop the foreclosure proceedings, roll back and freeze all late fees, and worked out a plan with the homeowner (my neighbor) to agree to a payment plan after he finds a job, or repay the HOA after the sale of his home if he chooses to sell. No one's home should EVER be foreclosed on by an HOA.

At the end of the year, two HOA board positions were up for election. I got neighbors whom I trust and are sympathetic to the homeowners to run. They won their elections and rolled the two main dictators off the board.

In early 2015 the HOA board decided that dues hadn't been increased in 3 years, so the board raised the dues just because they could.. After thoroughly scrutinizing the budget, and finding our neighborhood of 540 homes was sitting on reserves of $2.8M, our first action was to rolling back the HOA dues by $200 per year. We are closely watching expenditures, but it looks like we may be able to give all homeowners a $500 rebate.

The next action we took was to forgive the fees assessed for late payment of dues for 87 homes in the neighborhood. These homeowners payed their HOA dues, but were assessed the fees for being less than 2 weeks late with the payments. We have now changed the bylaws to allow a one month grace period.

We have also changed the way violations are handled (yards not mowed, non-running vehicles on the street, etc.). The management company will no longer assess fines. The management company has now been instructed that if someone has a city code violation, the management company will contact code compliance and let the city do their job.

There are good HOA boards and there are bad ones. If you live in a neighborhood with an HOA and don't like the way things are run, don't just sit on your hands. Get off your ass, get with your neighbors, and try to make positive changes.

 

[GagHalfrunt]

I think you missed my point. Walmart knew the HOA had insurance to protect its board members from a law suit against the HOA board members. So, Walmart filed individual suits against the individuals that happen to be on the board. I am not sure what angle they were arguing legally, but I bet it was something along the lines of playing professional land developer that wasn't their job and they lacked credentials to do so unlike the county zoning and development commission.

Either way the members of the HOA board backed down quickly and Walmart is here. It is a tactic I remember and keep in mind and suggest to others. It is one thing for board members to act all high and mighty with the insured protection from being legally taken to court as a board, but as an individual that is on your dime for defense.

It's the bigger bully mentality.

The HOA is a bunch of tiny-dicked power tripping goons who are getting revenge for a lifetime of being pushed around by pushing around the homeowners and they do it with the knowledge that the HOA has lawyers and insurance and that they can get away with it because the person they'd be fighting would be spending their own time and money. So in 99.9% of cases the homeowner caves rather than sues because it's cheaper and easier to take down the patio cover or mow the lawn. Then the tiny-dicked power tripping goons can feel ever so mighty because they bullied the homeowner into bending to the HOA's will.

Wal-Mart (or Apple, M$, patent trolls, Trump, etc) rely on the same thing. They can get away with almost anything because the people they're fighting don't have the time or resources to fight. Wal-Mart can bury the HOA board in nuisance suits so that it becomes too expensive and time consuming to fight. That's the American legal system, whoever have the most money for lawyers will almost always win. The HOA are tiny-dicked power tripping goons who can bully the homeowners and Wal-Mart can bully the tiny-dicked power tripping goons of the HOA.

 

[BarkingGhostar]

Agreed, and it worked. But few individuals are willing to suffer through a personal lawsuit let alone have their reputation put on pubic view for such [bad] behavior.

 

[Darwin333]

First of all not all people chose to live in an HOA. All new neighborhoods in the city where I live are required by the city to have an HOA. It doesn't matter if the new homes are 900 to 1400 sqft or 3500 to 4500 sqft.

You are completely WRONG with your above statement.

Of course there are exceptions to every rule and I applaud you for what you and your neighbors did but I have found what he said to be true much more often than not. Generally the only time decent people even try to run for president/board in an HOA is after the existing ones are fucking up and doing bad shit just like in your case. It took your neighbor almost losing his house because he fell on hard times for even you to step up and run, luckily the timing worked out and you were able to win so the homeowner didn't lose his house.

It has been my experience that people with too much time on their hands tend to run for HOA president and way too often they let the power go to their heads. As I said, you can get some good ones but you can also get some really horrible ones that can make life miserable, pitting neighbor against neighbor, and just generally being huge assholes.

 

[interchange]

Not all HOAs are dicks. Some do a really good job and function clearly to the benefit of the community. Some that are doing the wrong thing are even trying really hard to do the right thing. But some are huge dicks. Unfortunately, leadership in HOA can change hands and mess things up drastically (either in indulging authority or neglecting responsibility). I suppose, as a resident, you always have a say in who leadership is, and most of the time it's you if you want it to be. Still, I'd rather live in a nice neighborhood and not be bothered with the responsibility of keeping my neighbors in line.

 

[Genx87]

The only people that want to be on the board of a HOA love to tell people how to live their lives and what do to with their homes.

Not entirely. My dad joined the HOA as a treasurer to keep the HOA from spending money on things it didnt need to spend, and thus increase the HOA dues.

He managed to uncover some fraud within the HOA as well which pissed some people off. He kept spending to required items. Once he sold and got out, the HOA went hog wild and spent so much I think they went nearly bankrupt as each home owner ended up owing thousands each.

 

[MtnMan]

The only people that want to be on the board of a HOA love to tell people how to live their lives and what do to with their homes.

The people that "want" to be on the HOA are the absolute last people that should be on it. The same holds true for every single elected office in the country.

 

[MtnMan]

Not all HOAs are dicks. Some do a really good job and function clearly to the benefit of the community. Some that are doing the wrong thing are even trying really hard to do the right thing. But some are huge dicks. Unfortunately, leadership in HOA can change hands and mess things up drastically (either in indulging authority or neglecting responsibility). I suppose, as a resident, you always have a say in who leadership is, and most of the time it's you if you want it to be. Still, I'd rather live in a nice neighborhood and not be bothered with the responsibility of keeping my neighbors in line.

Really, tell us what they do to make life better? Force people to live under yet another set of regulations. Tax/fee's for what is yet just another layer of government control of one's life. Attempt to force everyone into the same bland cookie cutter mold.

People that live under an HOA, while not serving as a board member, should be just as happy in a minimum security prison. The people that serve on the board are pathetic losers on a power trip, probably having control over others for the first time in their miserable life.

 

[Mayne]

I just looked up hoa. I've done work for my previous hoa president. Installed his furnace his son and now his lawyer daugter in downtown toronto.

 

[shortylickens]

Really, tell us what they do to make life better? Force people to live under yet another set of regulations. Tax/fee's for what is yet just another layer of government control of one's life. Attempt to force everyone into the same bland cookie cutter mold.

People that live under an HOA, while not serving as a board member, should be just as happy in a minimum security prison. The people that serve on the board are pathetic losers on a power trip, probably having control over others for the first time in their miserable life.

Well, IF the rules they have are reasonable, and IF they are diligent about enforcing them, and IF the local government tends to otherwise let people go apeshit and ruin their neighborhoods, then there's a very tiny possibility the HOA can keep a small area relatively nice for a few years.

Also in a way they can be a little better than police. The law tends to get enforced very slowly and ineffectively when it comes to things like petty little city ordinances, but fines from a private association can get a lot done quickly.

 

[boomerang]

Really, tell us what they do to make life better?

They oversee getting my lawn mowed, the shrubs trimmed, both fertilized as well as replacement of mulch. They maintain the sprinkler system. They provide Internet and TV as well as alarm monitoring. They provide and maintain a swimming pool as well as various activity rooms in the clubhouse for cards, pool tables, library, etc. as well as a gym. They also have me in a gated community with limited access.

I fully understand that this type of living does not suit you but it does suit me.

 

[Red Squirrel]

I think you missed my point. Walmart knew the HOA had insurance to protect its board members from a law suit against the HOA board members. So, Walmart filed individual suits against the individuals that happen to be on the board. I am not sure what angle they were arguing legally, but I bet it was something along the lines of playing professional land developer that wasn't their job and they lacked credentials to do so unlike the county zoning and development commission.

Either way the members of the HOA board backed down quickly and Walmart is here. It is a tactic I remember and keep in mind and suggest to others. It is one thing for board members to act all high and mighty with the insured protection from being legally taken to court as a board, but as an individual that is on your dime for defense.

Well it still requires lawyers etc. Walmart vs individuals, Walmart wins. Though if you can just sue the individual board members then it kinda defeats the purpose of the protection. Wonder if this applies for other situations like corporations. Normally if you start a corporation and get sued, you can just file for bankruptcy and vanish to avoid the lawsuit. But can people just sue you as an individual?

 

[JimKiler]

First of all not all people chose to live in an HOA. All new neighborhoods in the city where I live are required by the city to have an HOA. It doesn't matter if the new homes are 900 to 1400 sqft or 3500 to 4500 sqft.

You are completely WRONG with your above statement. My next door neighbor lost his job 2 years ago. He has cut back his expenses, but hasn't been able to pay his HOA dues. What prompted me to run and get elected to the board was the HOA started foreclosure proceedings against my neighbor. By a 3 to 2 vote, I got the board to stop the foreclosure proceedings, roll back and freeze all late fees, and worked out a plan with the homeowner (my neighbor) to agree to a payment plan after he finds a job, or repay the HOA after the sale of his home if he chooses to sell. No one's home should EVER be foreclosed on by an HOA.

At the end of the year, two HOA board positions were up for election. I got neighbors whom I trust and are sympathetic to the homeowners to run. They won their elections and rolled the two main dictators off the board.

In early 2015 the HOA board decided that dues hadn't been increased in 3 years, so the board raised the dues just because they could.. After thoroughly scrutinizing the budget, and finding our neighborhood of 540 homes was sitting on reserves of $2.8M, our first action was to rolling back the HOA dues by $200 per year. We are closely watching expenditures, but it looks like we may be able to give all homeowners a $500 rebate.

The next action we took was to forgive the fees assessed for late payment of dues for 87 homes in the neighborhood. These homeowners payed their HOA dues, but were assessed the fees for being less than 2 weeks late with the payments. We have now changed the bylaws to allow a one month grace period.

We have also changed the way violations are handled (yards not mowed, non-running vehicles on the street, etc.). The management company will no longer assess fines. The management company has now been instructed that if someone has a city code violation, the management company will contact code compliance and let the city do their job.

There are good HOA boards and there are bad ones. If you live in a neighborhood with an HOA and don't like the way things are run, don't just sit on your hands. Get off your ass, get with your neighbors, and try to make positive changes.

There is way too much common sense in what you said for any of you to get elected, nice story but i don't buy it. Just kidding.

Keep in mind you might have unexpected repairs and maintenance in the future before you give a rebate but barring that, you would probably be the best HOA ever!

 

[GagHalfrunt]

Keep in mind you might have unexpected repairs and maintenance in the future before you give a rebate but barring that, you would probably be the best HOA ever!

It doesn't matter if it is, for a time, the best HOA ever. It's the nature of the beast that the best HOA ever morphs into the worst HOA ever. It is a thankless job and nobody wants to do it for long unless they crave the power to tell other people how to live. The good ones move on and the power hungry despots move in. You might begin with Washington, Adams and Jefferson, but you will inevitably without fail wind up with Donald and Hilary.

 

[snoopy7548]

They oversee getting my lawn mowed, the shrubs trimmed, both fertilized as well as replacement of mulch. They maintain the sprinkler system. They provide Internet and TV as well as alarm monitoring. They provide and maintain a swimming pool as well as various activity rooms in the clubhouse for cards, pool tables, library, etc. as well as a gym. They also have me in a gated community with limited access.

I fully understand that this type of living does not suit you but it does suit me.

You pretty much just described a prison.

 

[zerocool84]

They oversee getting my lawn mowed, the shrubs trimmed, both fertilized as well as replacement of mulch. They maintain the sprinkler system. They provide Internet and TV as well as alarm monitoring. They provide and maintain a swimming pool as well as various activity rooms in the clubhouse for cards, pool tables, library, etc. as well as a gym. They also have me in a gated community with limited access.

I fully understand that this type of living does not suit you but it does suit me.

Wtf people do all that to their own homes without a HOA. Why do you need to pay someone to make sure you get your lawn and garden are maintained? Also with sprinkler and TV/internet and alarm. You can literally do and should be able to get this taken care of yourself.

 

[boomerang]

Wtf people do all that to their own homes without a HOA. Why do you need to pay someone to make sure you get your lawn and garden are maintained? Also with sprinkler and TV/internet and alarm. You can literally do and should be able to get this taken care of yourself.

I don't need to, I want to. I've been mowing, trimming, fertilizing, chainsawing, hauling, burning, digging, mulching and all the rest for my entire life. Are you begrudging me paying other people to do it now? Don't other people need to earn a living, buy food and clothing for their kids and all the rest like paying their taxes going out to eat, buying cars, vacations, furniture, etc.?

If I wanted to hire all that out without living in an HOA community do you think I could get the same services for the same price? Or, do you think better rates are available through a contract from a provider that knows he has 562 residences right there in one chunk, all right next to each other where he can go from one to the other to the other?

Here's a really important question. At what age do you think I won't be able to do all that myself?

I get TV and Internet at fantastic rates, built right into my HOA fees that are bargained down because the entire development gets handed to the provider in a huge lump. How do I not benefit through that? The same for alarm monitoring but I choose to self-monitor so, I'm absolutely getting burned on that one. OMG!

They say wisdom comes with age but I have always thought that some things are so glaringly obvious that everybody should be able to comprehend them quite easily.

 

[Red Squirrel]

I rather take care of my own house not have it systematicly done by some 3rd party. If I wanted that, I'd live in an apartment. That said I could see a HOA of that nature being good for someone that's disabled or old/retired that basically wants a quiet place to live and is not into any hobbies that would normally be against HOAs. Like working on cars, or gardening or whatever.

One of the the main factors of owning a house is being able to mostly do what you want and be in charge and do things your way, of course city bylaws tend to add a layer of bureaucracy to that depending on location and can be a problem but they arn't quite as bad as HOAs.

What's really awesome is owning property in an unorganized township. I'm seriously looking into that myself as a secondary/backup property. I informed myself and basically, I do have to follow the Ontario building code, but other than that, no permits, or zoning or anything of that nature. Practically a free for all. There's a few exceptions but in general there is lot of freedom.

 

[zerocool84]

I don't need to, I want to. I've been mowing, trimming, fertilizing, chainsawing, hauling, burning, digging, mulching and all the rest for my entire life. Are you begrudging me paying other people to do it now? Don't other people need to earn a living, buy food and clothing for their kids and all the rest like paying their taxes going out to eat, buying cars, vacations, furniture, etc.?

If I wanted to hire all that out without living in an HOA community do you think I could get the same services for the same price? Or, do you think better rates are available through a contract from a provider that knows he has 562 residences right there in one chunk, all right next to each other where he can go from one to the other to the other?

Here's a really important question. At what age do you think I won't be able to do all that myself?

I get TV and Internet at fantastic rates, built right into my HOA fees that are bargained down because the entire development gets handed to the provider in a huge lump. How do I not benefit through that? The same for alarm monitoring but I choose to self-monitor so, I'm absolutely getting burned on that one. OMG!

They say wisdom comes with age but I have always thought that some things are so glaringly obvious that everybody should be able to comprehend them quite easily.

When I say taken care of yourself I don't mean you literally doing it yourself. I mean like everyone else that doesn't live in a HOA and pays someone to mow their lawn, clean up around their house, pay their own internet etc.

 

[OutHouse]

They oversee getting my lawn mowed, the shrubs trimmed, both fertilized as well as replacement of mulch. They maintain the sprinkler system. They provide Internet and TV as well as alarm monitoring. They provide and maintain a swimming pool as well as various activity rooms in the clubhouse for cards, pool tables, library, etc. as well as a gym. They also have me in a gated community with limited access.

I fully understand that this type of living does not suit you but it does suit me.

Sounds like a nice retirement home.

 

[Darwin333]

Sounds like a nice retirement home.

I bet the biweekly bingo games get rowdy.