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Old 06-11-2011, 06:50 PM
 
Location: Between Seattle and Portland
1,266 posts, read 3,223,021 times
Reputation: 1526

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Another reader here who has been following your incredible story from the beginning, and I have to say I admire your restraint thus far in dealing with this control freak who gives ALL reasonable HOA administrators a bad name.

What if they just keep piling on the "special fees and assessments?" And start cutting off your services? And refuse to move the blocks until you pay the entire amount owed? My jaw is truly on the ground in astonishment at the unbelievable arrogance and effrontery of this class-A jerk, when you have made a good-faith attempt to bring your account current and try to abide by the rules.

Because he might be facing that obvious "unintended consequence" of his actions by leaving you no choice but to say to this a****** screw it, we're walking away and you can keep your f***ing blocks in front of an empty condo that's not going to give you ANY return at all, have a nice life and good luck selling it to a new sucker.

I feel for you and will be watching to see what resolution to this awful situation can be effected by your lawyer and the media.

 
Old 06-11-2011, 08:04 PM
 
5 posts, read 12,120 times
Reputation: 24
This issue is about opportunity for attorney revenue and not so much about assessments being owed. I doubt your HOA is suffering. I know the HOA management company and their attorneys are not suffering at all.

Homeowner24, can you give us a break down of the billing you've received so far (the main items)? If you have time that is:

Attorney Fees
Fines
Assessment
Special Assessment (Roof repair, right?)
Etc...

I know that your checks are probably written out to the HOA, but where is it mailed to? What is the specific name of the Associa management company that receives those checks? Does HOA attorney billing appear on the HOA management company bill or are you billed directly from an HOA attorney or both?

Does your HOA have a copy of the "priority of payment" contract? Although, it may be titled "Collection Activity Performed by (Name of management company)." If there is one, does it state that attorneys are to be paid first? Is there any chance that your personal attorney can look into all HOA attorney invoicing and all special/emergency assessment invoicing? If not, how hard is it to obtain those records?
 
Old 06-11-2011, 08:11 PM
 
20,187 posts, read 23,850,642 times
Reputation: 9283
I live in an HOA... I don't mind it... but it won't be my retirement place which will be HOA free... I like to build and do things "my" way... If its my property, then I shouldn't be asking my neighbors if its okay... considering they aren't even affected by it...
 
Old 06-12-2011, 03:38 AM
 
4,862 posts, read 7,961,723 times
Reputation: 5768
Now what you do is put a lien on the HOA board members homes for lost wages..
 
Old 06-12-2011, 06:47 AM
 
Location: Lexington Crossing
59 posts, read 223,245 times
Reputation: 47
Quote:
Originally Posted by carrot View Post
I think there is a level of evil in the way this HOA is attacking the situation...A little leeway would have been appropriate. But...HOA's look at the homeowners as a check in the mail, not real people going through real situations. I understand the lawns need to be mowed, things need to be maintained...but come on, there are ways to save money all over the place for the almighty HOA.

Its too bad too...the HOA is not the IRS...this is the one place where the board could probably acutally look at situations and individuals and make some real judgement calls. Its not like they were paying NOTHING...from what it sounds like they were paying what they could, when they could, as best they could.

While they are all powerful gods in this situation...there is certanlly no honor in the way they are acting. Way to look out for your fellow Americans during hard economic times....wow.
Thanks Carrot - I was at my friends house last night who also owns a condo and he said that when his board met behind closed doors they very, very cruel and said horrible things about the Hispanics and the African Americans in the complex. He then got off the board. IN NO WAY am I saying this is what is happening here in my situation - I have not been in there during closed door session so I just don't know. I was just shocked to learn how much power their HOA board has. Just that But yea, I can't image every HOA being like this or his.

Now that the blocks are moved my plan is speak to my attorney tomorrow morning. But I want to make an extra payment of $400 and see if they will be going to the assessment or to their attorney fees. From what I know we (my neighbor and I) have to first pay off the attorney and filing fees and for me i think this is getting to be around 4k.

I am also going to be looking to speak to a Sandy Springs government representative.
 
Old 06-12-2011, 06:51 AM
 
Location: Lexington Crossing
59 posts, read 223,245 times
Reputation: 47
Quote:
Originally Posted by steel7 View Post
I know a couple who live in a gated HOA housing community & i HATED going over their. The place has security guards 24/7 & its like stalag 13. They pay approx $200.00 a month in association fees & the rules are very strict.
$200 a month and they can afford a security guard? Our normal association fee here is $296 and we get lawn care, water, trash pick-up and basic cable and I thought a reserve fund. The last 3 months however the monthly fee has been $500 on top of that the normal fee.
 
Old 06-12-2011, 06:56 AM
 
Location: Lexington Crossing
59 posts, read 223,245 times
Reputation: 47
Quote:
Originally Posted by Saintmarks View Post
Have been following this story the last few days, feel for you big time! There is no way I would be able to afford those bills if I were in your shoes. Don't know what I would do.

Felt the need to encourage you that you don't have to answer this ATLWWW person. They are being rude and insensitive and sort of on the creepy side, said he/she drove by your place and then a little creeped out by the offer to come build shelves. You do have resources here to not be harrassed by other posters.
Thanks for letting me know that! I am more or less trying to be transparent on here and tried to answer him in that way. I realize I made mistakes along the way. I should have communicated with the HOA better and I deserve a lien against my house for not being able to keep up with the special assessments, attorney fees and filing fees. But your encouragement means a lot to me. I have a LONG way to go on this as these blocks, from the HOA perspective, are not going off until I pay half of what I owe in full - $2700 (maybe much more) most of which is their legal fees.
 
Old 06-12-2011, 07:05 AM
 
Location: Lexington Crossing
59 posts, read 223,245 times
Reputation: 47
Quote:
Originally Posted by stonecypher5413 View Post
Another reader here who has been following your incredible story from the beginning, and I have to say I admire your restraint thus far in dealing with this control freak who gives ALL reasonable HOA administrators a bad name.

What if they just keep piling on the "special fees and assessments?" And start cutting off your services? And refuse to move the blocks until you pay the entire amount owed? My jaw is truly on the ground in astonishment at the unbelievable arrogance and effrontery of this class-A jerk, when you have made a good-faith attempt to bring your account current and try to abide by the rules.

Because he might be facing that obvious "unintended consequence" of his actions by leaving you no choice but to say to this a****** screw it, we're walking away and you can keep your f***ing blocks in front of an empty condo that's not going to give you ANY return at all, have a nice life and good luck selling it to a new sucker.

I feel for you and will be watching to see what resolution to this awful situation can be effected by your lawyer and the media.
I hear you there! That is exactly what I understand a neighbor here did on a fixed income. They left - and I think the other night. According to my neighbor who has placed blocked - he told me one night his other neighbor pack up and do the same thing. Three places here have the repossessed stickers on them.

As I was to my car - I noticed yesterday there is an open house today here for one of the other units. I really wonder what future home buyers must be thinking.

About the rules - I feel and take total responsibility for not communicating with my board on these special assessments and trying to work things our before this went down. Even then there would be way I could keep up.
 
Old 06-12-2011, 07:57 AM
 
Location: Lexington Crossing
59 posts, read 223,245 times
Reputation: 47
Quote:
Originally Posted by rodneydg View Post
This issue is about opportunity for attorney revenue and not so much about assessments being owed. I doubt your HOA is suffering. I know the HOA management company and their attorneys are not suffering at all.

Homeowner24, can you give us a break down of the billing you've received so far (the main items)? If you have time that is:

Attorney Fees
Fines
Assessment
Special Assessment (Roof repair, right?)
Etc...

I know that your checks are probably written out to the HOA, but where is it mailed to? What is the specific name of the Associa management company that receives those checks? Does HOA attorney billing appear on the HOA management company bill or are you billed directly from an HOA attorney or both?

Does your HOA have a copy of the "priority of payment" contract? Although, it may be titled "Collection Activity Performed by (Name of management company)." If there is one, does it state that attorneys are to be paid first? Is there any chance that your personal attorney can look into all HOA attorney invoicing and all special/emergency assessment invoicing? If not, how hard is it to obtain those records?
Yea - several people I see are telling me about their legal team. I want to work hard with you and get you these details.

Can I pm you and get ur email then send a ledger that I requested? Thanks for letting me know the right legal terms as well so I know what to ask for. I am going to call their legal team and request these invoices - can I do that? I will send this over to my attorney and see what she thinks.
 
Old 06-12-2011, 03:20 PM
 
Location: Watkinsville, GA
388 posts, read 1,125,609 times
Reputation: 451
Quote:
Originally Posted by Homeowner24 View Post
Quick Update - they removed the pillars and I was able to get her car out. THANK GOD. I was there when they placed them back and got some video per request. The president was there over seeing it all and I asked him when the next board meeting was and at fist his thought it was the first monday of the month then he thought it was the last - then he just told me to call Associa and ask them when his meetings are.

Get a 20 lb sledge hammer and reduce those blocks to rubble. It will take about 2 minutes per block.
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