One more reason to hate HOAs

[k4kyv]

No, this isn't about the HOA preventing some unfortunate ham from putting up an antenna on his own property. 

In Texas, by following the letter of the law of that state, a HOA and their lawyers were able to rip off a $300,000 fully paid for home from a GI while he was fighting in Iraq. Similar laws exist in other states, and with the downturn in the economy these foreclosures have increased dramatically.

Not So Neighborly Associations Foreclosing On Homes

[Opcom]

His wife, due to a mental illness, did not open the registered letters warning of the action. Technically by the law it is their fault.

The HOA could have stopped and "not done this" at any time. The HOA's well crafted public statements do not hide their contemptuous attitude towards their members and towards the soldier in particular.

I believe it was done to make an example of them, to cow any further would be upstarts,
or,
as the HOA representative said to Johnny Fever, "and we will have you arrested, night after night, until you learn to behave yourself like a good Gone-With-The-Wind'er".

Morally it is a theft. Legally it is a lawful proceeding.

When everything is taken from someone, they have nothing left to lose.

2 Samuel 12,  v1-5 applies.

Many folks in TX are angry about it but no one can do anything because the HOA is acting lawfully. HOA's have too much power. They are nothing but a bunch of fascist little pipsqueaks who have been given absolute power. Someone ought to step on them real hard like the slimy little cockroaches they are.

Fortunately the soldier and his wife were, I believe, given the property, but it is still a loss.

[k4kyv]

Reminds me of a film I saw a few years ago that was said to be based on a true story, about a house that was taken from a woman with mental problems.  She didn't bother to read her mail, and didn't respond to a notice about a tax lien on her house.  The county had screwed up; the tax due was an unpaid business tax and the lady had never owned a business, a case of mistaken identity or the wrong house, but they proceeded to seize her house and auction it off anyway, leaving her homeless.  Supposedly, the story is based on an actual event that occurred somewhere in Canada, but in the film the setting was moved to California. It was based on a novel of the same name, A House of Sand and Fog.

[WQ9E]

Reading garbage like this makes me very happy that I live in the country with farmers for neighbors.  Three or four times a year there is a slight odor from a hog farm 6 miles away but that still smells better than a bunch of self-important power hungry jackasses.

In a proper world, the HOA board would get a tour of duty in Afghanistan to have an opportunity to ponder the error of their ways.  Since that will never happen, if someone in the town could research the business interests of the HOA board members a well publicized boycott of those businesses would give them a chance to experience their own economic setback.

[KF1Z]

In a "proper world" HOAs would have never existed.

[Ed/KB1HYS]

HOA's only exist because people are willing to buy a home covered by one. Same reason houses cost half a million dollars, because some folks are willing to pay that much money for a house worth 1/5th that much. 

If people, a LOT of people, simply refused to buy a home that had HOA restrictions then HOA's would simple die on the vine.  The home value of HOA lots would drop and that's really what they are supposed to be about.

I feel bad for the folks involved, but if you "signed your life away" to buy that dream house, then you really only have yourself to blame.

Alternately, one could try to alter the HOA agreement at purchase time. Either legitimately by having both parties initialing and dating any changes you make prior to signing it.  Once both parties sign it the modified contract stands.
Given that the agent for the HOA probably won't even read the thing prior to signing, you could make the changes yourself, initial and date and then they sign the unread documents unwittingly. I have heard of one case where a gentelman did just that and his document stood up in court (depending on the local laws). 

All in all I am very glad I do not live in an area covered by HOA, and deeply pity those who do.

[ka3zlr]

Good Day,

 Same here I live on a Hill in a house on a Farm that's been split up by the kids before we got here, an it's just been heaven I watch what I do an try not to interfere with the old folks over the hill they still subscribe to the roof top TV but other than that no real problems so I keep things lite an experiment alot.

And the family across the street natta thing heard.

I don't think I would survive very well having other folks tell me what to do with my house that I'm paying for...Guess if you had a Bike and revved it up alot while tuning it they would complain too huh..?

73

Jack.

[KB5MD]

A neighborhood where I once lived had a couple of little ole women that tried to get a HOA setup in our neighborhood. Everyone was to have their  yards done a certain way, houses painted to specs, etc.  When it came time for me to join, well, you can guess where they were told to go!

[k4kyv]

In some states they now have a law that requires a HOA for all new developments.  I believe Florida is one of those states.

Then I once heard the tale of a farmer who was tricked into joining one. The adjacent property owner sold his farm to a developer who built a bunch of ticky-tacky houses next to the farmer's house.  The developer asked the farmer to sell him an easement for an access road along the edge of his farm, and the farmer agreed, thinking it was some easy money.  Hidden in the paperwork was a clause that the farmer had voluntarily joined the HOA that ruled the development, and he signed it without carefully examining all the fine print. He tried to contest it in court but lost.

I have heard many claims that when people have moved into a new area it was impossible to find property within comfortable commuting distance to work that wasn't governed by a HOA.

[Irb mode]As far as the FeeCee is concerned, they have refused to apply PRB-1 to HOAs and covenants, claiming that these are private contracts between property buyer and seller and that they don't want to intervene in private agreements.  Yet they do have rules that extend "antenna rights" for the broadcast service to prevent a HOA from forbidding rooftop TV antennas and, IIRC, satellite dishes. Aren't those rules also pre-empting private property contracts? A group of hams, a local club or ARRL ought to take that to court to contest the legality of the discrimination against hams, citing the "equal protection" clause in the Constitution.[/Irb mode]

[Ed/KB1HYS]

They suck, I hope there is a special place in Hell reserved for them and I thank God Almighty I don't have to deal with them.

[Bill, KD0HG]

Yes, that's the thing, Don. In some areas there are no new housing choices other than those covered by restrictive covenants. You can usually find a place in an older neighborhood, but if you want an efficient newly constructed place, you're pretty much hosed.

[KL7OF]

Read the book "The Association"  About an HOA run completely amuck....Could happen...
My dad always told me "Never live anywhere where you can"t pee outdoors"

[wb1aij]

Those dirty, money grubbing lawyers!

What do lawyers use for birth control?    Their personalities.

What is the difference between a dead skunk in the road & a dead lawyer in the road?
 The skunk has skid marks leading up to it.

A guy walks into a bar, orders a beer & yells, "All lawyers are A--holes." Another guy at the other end of the bar says, " hey, buddy, you'd better watch what you say here. I am offended by that statement. The first guy says, "Why, are you a lawyer" The 2nd guy replies, "No, I am an a--hole"

I feel better now.

[KC2YOI]

Read the book "The Association"  About an HOA run completely amuck....Could happen...
My dad always told me "Never live anywhere where you can"t pee outdoors"

 I keep an old, cracked cast iron pot in wizzing range off the front porch so I can say i "got a pot to piss in"  

HOA's / gated communities (sounds like: communist entities) , gives me the heeby giebees.....

[Ed/KB1HYS]

Not when certain state senators are the CEOs of the biggest HOA management corps in that state (see the article first linked).

Oh what a shock...

Can you say "CONFLICT OF INTEREST"?   I knew you could...

Some things should be solved by a tall cottonwood and a rope.

[KE6DF]

There are some federal laws on the books to specifically protect active duty military from foreclosures. The laws may not make it impossible, but they do make it very difficult and even give the owners some rights to reclaim the house. I assume he has lawyers involved now. Perhaps he can even get the house back.

If none of the letters were opened, and no one filed with a court a statement that the owner was active duty military, the foreclosure probably went ahead without anyone know it.

Here in California, some friends told me their son was serving in the Marines in Iraq, and the bank was treatening to take his condo in the San Diego area. I told them about these laws, and they notified the bank of his miliary status, and the bank stopped the foreclosure process and gave him an interest rate reduction so he (or actually his girl friend who was living in the place) could keep the condo.

If you know any active duty military that are facing foreclosure tell them to look into the Servicemembers’ Civil Relief Act (SCRA). It's federal law and applies in all states. California and may other states have additional protections for soldiers.

A couple years ago, California passed a law the restricts HOA ability to foreclose -- military or not. It doesn't eliminate it, but the amount owed must be substantial and have been owned for a considerable period. No fast foreclosures for a $120 missed payment.

IMHO, HOAs should not be able to do non-judicial foreclosures -- but should require a judge to issue a ruling first. Perhaps we will get there eventually in CA


Dave (CA real estate broker)

[Ed/KB1HYS]

There are some federal laws on the books to specifically protect active duty military from foreclosures. The laws may not make it impossible, but they do make it very difficult and even give the owners some rights to reclaim the house. I assume he has lawyers involved now. Perhaps he can even get the house back.

<snip for brevity>

Yes, AD military are protected, but in this case and some others there will be a great personal cost to the soldier. He will have legal fees and the not insignificant cost of housing his family while the courts "sort it out"  I hope he can sue his HOA for recovery of expenses and personal anguish.  Not to mention the damage done to his military career by having to redeploy home halfway through a combat mission and leaving his troops. 

The issue with the Soldiers & Sailors Relief act is most folks think it only applies to bank forclosures etc.  There isn't enough education about it.  I would bet a dollar that most HOA residents don't know that their HOA can actually forclose on their homes for cheap dollars.

Anyone who would take a families home for such a small amount of money as a few months HOA taxes is lower than the stuff I'd scrape off my shoes - regardless of the families military status or not.

Lawyers and Arms dealers - Both profit from trouble, no wonder they don't care to keep the peace.

[W1RKW]

The moral of the story is to read the fine print! And if you have a lawyer who is supposed to that make sure he tells you what you're up against.  Details, details, Details!!!!!

The moral to the story is, don't buy an home or other property where you are required to pay a monthly HOA fee/dues.

Learn to mow your own lawn, take out your own trash and paint your own darn house...

[KB2WIG]

" The moral of the story is to read the fine print! And if you have a lawyer who is supposed to that make sure he tells you what you're up against.  Details, details, Details!!!!! "

Get a lawyer before making an offer on a house. I had a lawyer picked before I even thought of which buyers agent to use.  (gots one in the family, but he's way down south)


klc

[K5WLF]

HOA = Communism by contract

ldb
K5WLF

[W3LSN]

In a "proper world" HOAs would have never existed.

HOA's exist because of the Clean Water Act, all part of the law of unintended consequences. The developers have to follow the Act, and some legal body has to maintain the drains and ponds. By law it can't be an individual, so enter the HOA and goodbye rights.

73, Jim
WA2AJM/3

[ka3zlr]

Well as far as I've read here, One does still have one right to act on:

The right to move about where one wishes.  (so far)

In the instances of the larger urban areas big cities Man it's a little different.


73

Jack.

[k4kyv]

HOA's exist because of the Clean Water Act, all part of the law of unintended consequences. The developers have to follow the Act, and some legal body has to maintain the drains and ponds. By law it can't be an individual, so enter the HOA and goodbye rights.

That's just one more to add to the list of stories I have heard that claim to explain or justify the existence of HOAs.  Another one is that they were set up to keep "undesirables" out of new developments, AKA housing discrimination against minorities in the pre-civil rights era. I seem to recall hearing about HOAs long before the CWA, although they and their rules weren't as ubiquitous back then as they are to-day.

The proper legal body for enforcement of CWA regulations and maintenance of drains and ponds is the local government.  They already have the police power through zoning laws and land-use regulations (which BTW are subject to PRB1), or the same public utility commission that oversees the maintenance of the water and sewer system, or the highway/street dep't that maintains pavements and ditches and keeps the right-of-way mowed.  For what other reason do we pay those sometimes exorbitant real estate taxes that are accessed annually on our homestead?  What does the length of lawn grass, where we park our car on our own property or what antennas we erect have to do with drains, ponds and the CWA? Local officials are passing the buck and weaselling out of what they are paid or were elected to do, if they are delegating that authority to a bunch of busybody HOA nazis who probably don't have a clue about maintenance of drains and ponds.

[W3LSN]

That's just one more to add to the list of stories I have heard that claim to explain or justify the existence of HOAs.  Another one is that they were set up to keep "undesirables" out of new developments, AKA housing discrimination against minorities in the pre-civil rights era. I seem to recall hearing about HOAs long before the CWA, although they and their rules weren't as ubiquitous back then as they are to-day.

From what I've read, HOA's certainly existed years before the CWA for many of the reasons you mentioned. The FHA also began issuing mortgage insurance in the 60's specifically for condos and single family homes where there was a qualifying HOA. Developers set up HOA's to help them sell homes and the landscaped subdivisions with common green areas really took off. It seems that the CWA caused an explosion in the number of HOA's however. Also HOA's improve the cashflow of local govt's because they don't need to provide the services that HOA's do in their place. The retention ponds and drains are required by law to be in common areas so that an entity and not an individual can be held responsible for their maintenance.

73, Jim
WA2AJM/3