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Is this what getting mugged feels like?
https://gladerebooted.net/viewtopic.php?f=2&t=10803		 Page 1 of 2
Author:  Xequecal [ Fri Mar 07, 2014 3:20 am ]
Post subject:  Is this what getting mugged feels like?
AKA don't **** with your homeowner's association.

Some back story. When I moved in here, after a month I realized I had received no correspondence whatsoever from the association. No letter, no bill, nothing. So I called them and told them this, and was given an email address to send my concerns to. I emailed this person and she replies that the reason I hadn't gotten anything was because they do quarterly statements and I could expect a bill then.

I was a little suspicious of this, as the agreement said monthly, but here I have it from the horse's mouth, in writing no less. And since I told two people that I wasn't getting mail, that if it was monthly I'd just get a bill.

So, fast forward three months with me not having received anything in the mail from them. I get emailed a bill (Yes, email, they didn't even mail this to me) saying I am 3 months delinquent and owe $150 extra in late fees. So, I sent them the 3 months of payments but not the late fees. I tell them I was told quarterly statements and send them the email. Their reply stated that:

1. The "quarterly statement" in the email referred to a quarterly coupon book and newsletter that they do and which the statement just happens to be sent with that month.

2. What the woman told me in the email is irrelevant, as the monthly payments are spelled out in the agreement and she does not have the authority to change it.

3. Whether or not I got any kind of bill also doesn't matter as the payments are my responsibility whether or not I get a bill.

I thought this was fairly ridiculous as there's no way I could have done this differently without directly accusing email lady of lying and I really should get some kind of bill for my records. I asked to speak to a supervisor. She said one would get back to me.

Well, they definitely got back to me. 3 days later I get a letter from their lawyer saying that he has filed a lien against the property for my delinquency, and if I don't pay $300 (the late fees plus $150 for his cost in doing a title search) within 30 days he will sue me to foreclose on the property and sell it to get the $300. I also get a letter from the bank saying that the delinquent association dues and lien constitute default on the mortgage and that if I don't get them to remove the lien quickly they will report out my mortgage as being in default and also commence foreclosure action.

In the face of that, I figure I have to pay them and do. I'd normally chalk that up as an expensive learning experience but I still don't know at what point I **** up there.

So, that goes away and things are fine until this week. I get another email (they still have never sent me physical mail despite me asking several times) saying they are fining me $75 for leaving my garbage can out on the curb for too long. This has never been a problem before. I work nights, put it out after work the day before and collect it before work the next day. I ask them what the deal is, they say they changed the rules and now the empty container has to be picked up before sunset, didn't I get the notice? No, I didn't get the notice because like I've complained about a half dozen times, you never send me anything. She says, and this us an exact quote, "Well, if you want to be that way, we can do it the hard way again." You know how when you have like a four year old who's being a **** and you threaten to call someone to take them away? Well I was the four year old in this situation. I haven't been stripped of my dignity like that since high school. Needless to say I paid them the fine and will now be getting up in the middle of my sleep cycle every week to move the damn trash can. Just waiting for when they change the rules without telling me and then billing me again.
Author:  Talya [ Fri Mar 07, 2014 8:34 am ]
Post subject: 
Never buy property that is part of a "Homeowners' Association."
Author:  Corolinth [ Fri Mar 07, 2014 8:44 am ]
Post subject: 
Get a lawyer and sue. Report them to the better business bureau. Beat one of the representatives with a broom handle.

Take your pick.
Author:  Screeling [ Fri Mar 07, 2014 8:46 am ]
Post subject: 
Stuff like this is why I love Arizona. Our state legislature has pretty much removed all the teeth from HOA's and they can't pull crap like this. That said, I'm with Taly - I will never buy a house in an HOA ever again. Even without the threat of liens on my mortgage, they're all up in my butt like toilet paper about various small things.
Author:  Micheal [ Fri Mar 07, 2014 9:44 am ]
Post subject: 
Repeat,
Never buy property with a homeowners association.
Author:  Taskiss [ Fri Mar 07, 2014 11:32 am ]
Post subject:  Re: Is this what getting mugged feels like?
Nice homes in good areas frequently have homeowner associations. Just figure that's part of the cost.

You can get a lawyer and fight, but it'll cost you more to do so than to just pay... so just pay. If you really can't stand the thought of putting up with more of the same in the future, sell the property and buy somewhere else, but you're only talking about a couple of hundred dollars.

At this point, you're suffering from a self-inflicted injury because you bought a home that has an association setting the rules - "it seemed like a good idea at the time" but not anymore. Don't take it personally, in fact, it's better if you don't form an opinion at all about it, you'll just excited and it won't do any good. Just decide to sell or stay.

OR, become a vocal member of the association. I attend all the meetings my association holds and I'm always speaking up. I'm the guy telling them, loudly, "more rules are stupid, just enforce the rules you already have". Doesn't do much good, but I get to call them stupid to their faces :)

It's the little victories that keep me sane.... MWAHAHAHA!
Author:  Elmarnieh [ Fri Mar 07, 2014 11:43 am ]
Post subject: 
Go to your local state representative or Senator. Tell them about this going on in your area. Then go to a local news agency that has a local investigative reporter. Be the story on the news the next day and get that reporter into the HOA's faces.

Nobody in a HOA is going to like getting a call from the office of a state official thats likely going to be enough to get this turned into a "misfortunate misunderstanding" and cleared up. If not having their personal names and faces on the news will get them to change their tune quickly. The first will get them to never mess with you again, the second will likely get them to never mess with anyone else again and likely not on the HOA next year - then you and others run and disband the HOA.
Author:  FarSky [ Fri Mar 07, 2014 11:59 am ]
Post subject:  Re:
Talya wrote:
Never buy property that is part of a "Homeowners' Association."
Author:  Midgen [ Fri Mar 07, 2014 12:15 pm ]
Post subject: 
I've said it before and I'll say it again.

I love my Condo,and I love my Homeowners Association.

I've lived here nearly 10 years and my monthly fee has not changed. They send me a statement every month telling where my money goes. I have the ability to attend a monthly meeting where the the homeowners discuss,and if necessary, vote on issues that may or may not be addressed.

For the roughly $300 a month I pay, I all exterior yard maintenance, including cleaning the roof an gutters as needed. All common area maintenance, including snow removal as needed, my water/sewer/garbage, and common area lighting are paid for.

This in addition to the fact that I am not responsible for any exterior repairs or maintenance (i.e. roof, siding, etc...).

Also, there is no threat of a special assessment (short of a natural disaster or something), as they have already recently replaced the siding and roof, an it was paid for out savings. Even after that they have quite a bit in the savings coffers. So much so that they have actually discussed lowering the monthly fee (this was voted down by members).

My sister, who lives about 3 miles away pays nearly $200 a month to get her lawn mowed and flower beds cleaned every two weeks, and she just had to pay $30k for a new roof a year or two ago.

I would ammen Taly's statement to say

Never buy property that is part of a BAD "Homeowners Association".

Mine is terrific!
Author:  Elmarnieh [ Fri Mar 07, 2014 1:35 pm ]
Post subject: 
The issue is any HA is one election away from being terrible.
Author:  Midgen [ Fri Mar 07, 2014 3:01 pm ]
Post subject: 
only if you elect terrible people to lead it
Author:  Elmarnieh [ Fri Mar 07, 2014 3:13 pm ]
Post subject: 
Well if he is the single person who gets to elect the board then of course there is no problem...
Author:  Midgen [ Fri Mar 07, 2014 3:21 pm ]
Post subject: 
My condo association is small. Only 30 units. One president, who brings all decisions to the community meetings. So far we have had zero problems (going on 10 years for me).

The only point I'm trying to make is that all homeowners associations are not necessarily bad. The can serve a useful purpose, and if the by laws are well written, and the people chosen to lead it follow them, they are very beneficial.
Author:  Elmarnieh [ Fri Mar 07, 2014 3:27 pm ]
Post subject: 
I have a federal local and state government, last thing I want is a neighborhood one to boot.
Author:  Midgen [ Fri Mar 07, 2014 3:55 pm ]
Post subject: 
If other governments worked as well as my condo association, the world would be a much better place.
Author:  Arathain Kelvar [ Fri Mar 07, 2014 4:49 pm ]
Post subject: 
My mother owns a farm in the woods. They developed the woods. They extended an invitation for her to join the HOA (lol!). They later told her she was required to join the HOA. Also, LOL.
Author:  Elmarnieh [ Fri Mar 07, 2014 5:03 pm ]
Post subject: 
Lol she should paint everything on the property bright pink.
Author:  Müs [ Fri Mar 07, 2014 5:17 pm ]
Post subject:  Re:
Elmarnieh wrote:
I have a federal local and state government, last thing I want is a neighborhood one to boot.


Yes, but you don't want *any* government.
Author:  Elmarnieh [ Fri Mar 07, 2014 5:26 pm ]
Post subject: 
Not true as I am not an anarchist.
Author:  Talya [ Fri Mar 07, 2014 8:35 pm ]
Post subject: 
Certainly don't want any more government, though. As it is, we could all use a lot less.
Author:  Diamondeye [ Sat Mar 08, 2014 6:58 pm ]
Post subject:  Re: Is this what getting mugged feels like?
Unless you were in immediate fear of being shot, stabbed or beaten, no, it was not like being mugged.
Author:  Sam [ Sun Mar 09, 2014 3:14 am ]
Post subject:  Re:
Arathain Kelvar wrote:
My mother owns a farm in the woods. They developed the woods. They extended an invitation for her to join the HOA (lol!). They later told her she was required to join the HOA. Also, LOL.

Develop the farm into section 8 housing once you inherit it. :twisted:
Author:  Rorinthas [ Sun Mar 09, 2014 3:00 pm ]
Post subject:  Re:
Arathain Kelvar wrote:
My mother owns a farm in the woods. They developed the woods. They extended an invitation for her to join the HOA (lol!). They later told her she was required to join the HOA. Also, LOL.


Presumably she didn't buy it.
Author:  Arathain Kelvar [ Mon Mar 10, 2014 9:04 am ]
Post subject:  Re: Re:
Rorinthas wrote:
Arathain Kelvar wrote:
My mother owns a farm in the woods. They developed the woods. They extended an invitation for her to join the HOA (lol!). They later told her she was required to join the HOA. Also, LOL.


Presumably she didn't buy it.


No. But she did take the opportunity to tell the developer that three of the proposed lots were within the limits of the farm, as operated for 40+ years, and thus her property.

They are not friends. But she likes her new neighbors, so that's good.
Author:  Numbuk [ Mon Mar 10, 2014 11:03 am ]
Post subject:  Re: Is this what getting mugged feels like?
Sorry to hear about it, Xeq. A lot of the advice here seems to be from Captain Hindsight, probably because there just isn't much a lot of us can do or say. I hope you're able to get it sorted out in your favor.

When we were looking for houses initially, we found one my wife really loved. But it was a part of an HOA. She thought that maybe she could live with that, because the house was great. I then showed her all the horror stories about HOAs, and how the prices never decrease and only increase. She relented and we found another (and, in my opinion, better) one that is not a part of an HOA.

One of these days I expect to see someone come knocking on my door to try to get me sign something to join an HOA. I also expect them to try and bully me into it. I wish them luck with that.
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