Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I am sorry that you are going through this. What they have done is over the top. A lien would suffice and be more reasonable.
But that being said, as someone who is happy living in a HOA community, I do understand the Board's position. Ideally, a well-run community wouldn't need assessments and would have enough in reserves to cover unexpected or routine repairs and maintenance. It is unfortunate that they had a major assessment. But when repairs/maintenance is needed, how else would it be covered except through the reserves if available or an assessment? If paying an assessment was optional and just on the honor system, very few people if any would pay. I had a friend who lived in a townhome community with an HOA and very few people paid the monthly dues. They couldn't even open the pool because of this! And my friend was one of those who didn't pay her dues...or even her mortgage. She earned $52,000 a year and the town home wasn't that expensive, but she chose to spend it on other things (expensive dinners, expensive clothes, hair cuts, etc.). Now she owes money to the IRS for back taxes, but just blew a wad on a wig and clothes for a cruise (her parents are paying for the cruise)---but she is going to stall the IRS claiming she doesn't have the money. Except for major problems like unemployment and health expenses, I think a lot of people just prefer to spend their money on other things besides routine maintenance costs or assessments. So I guess owning a home without an HOA works better for most people---although they will need to cough up money for stuff like water or garbage each month and emergencies/maintenance like roof repairs on their own---or take a home equity loan out (if anyone has any equity in their home these days!).
I am sorry that you are going through this. What they have done is over the top. A lien would suffice and be more reasonable.
But that being said, as someone who is happy living in a HOA community, I do understand the Board's position. Ideally, a well-run community wouldn't need assessments and would have enough in reserves to cover unexpected or routine repairs and maintenance. It is unfortunate that they had a major assessment. But when repairs/maintenance is needed, how else would it be covered except through the reserves if available or an assessment? If paying an assessment was optional and just on the honor system, very few people if any would pay. I had a friend who lived in a townhome community with an HOA and very few people paid the monthly dues. They couldn't even open the pool because of this! And my friend was one of those who didn't pay her dues...or even her mortgage. She earned $52,000 a year and the town home wasn't that expensive, but she chose to spend it on other things (expensive dinners, expensive clothes, hair cuts, etc.). Now she owes money to the IRS for back taxes, but just blew a wad on a wig and clothes for a cruise (her parents are paying for the cruise)---but she is going to stall the IRS claiming she doesn't have the money. Except for major problems like unemployment and health expenses, I think a lot of people just prefer to spend their money on other things besides routine maintenance costs or assessments. So I guess owning a home without an HOA works better for most people---although they will need to cough up money for stuff like water or garbage each month and emergencies/maintenance like roof repairs on their own---or take a home equity loan out (if anyone has any equity in their home these days!).
Yes! Great points and yes shame on me for not being involved like I should be overall. I have had my head in the sand of sorts and this forum has helped me see ways I can improve, both in standing up for myself and in being a better, responsible more informed homeowner. I do plan to be at the next board meeting and try to make things right. Show that I am sorry for being late on the special assessments payments and prove to them that I am going to make it right, one extra payment at a time. I am curious as to why we are being levied so high as they are and as a homeowner need to question that. But I am sure they will have good answers and prove to me that this is the only way to go to improve these townhomes.
As far as blocking us in like they did. I am eager to pursue my rights and continue to examine the law on this. Is it really legal for the HOA to block in someone's car and still have these blocks up?
No, it doesn't seem legal---it seems like false imprisonment!
I must say, Homeowner24, you are a class act! You are reasonable, take responsibility, admit what you've done wrong, and genuinely want to make it right. Very impressive! I wish more people handled themselves like you.
I wish you the best in resolving this---just a little nervous that the HOA board isn't equally reasonable. Do keep us posted. I'm sure it was tough for you to wait for the weekend to end so you can consult a lawyer tomorrow.
Just thought I would throw this out at you as well:
Texas State Senator John Carona's corporation, "Associa, Inc.," monitor these websites. Therefore, it's not uncommon for them to file lawsuits for defamation and or libel against anyone that communicates any type of negative information about his business. They have also recently been involved in making attempts to subpoena information from people's records on google.com. Although, many would think that a political and public figure like Carona would find it petty to use these types of practices on people, he doesn't have a problem with it.
I doubt there have been any falsities on this site from anyone against Carona's corporation that show any type of "actual malice," but I just thought I would give you a heads up.
I live in the same complex as homeowner24 and have been going through the same situation. Our fee's were $296 a month which is decently high to begin with. Then they raised the fee's by 50%! I have paid my mortgage and monthly $296 and the first 1,000 of the SPECIAL asses fee. I have missed 3 of the special asses fees and when i called to pay the 1500 the attorney said they were charging me 1600 in fee's on top of the portion that i owed the HOA. 100% penalty? This is nuts. They have blocked my driveway also and actually towed my car away one day when I came home to prepare for a work meeting. The HOA would rather have people leave and destroy the comps in here then work with anyone. I had someone that was going to lease my unit but they are stating that the current lease levels are too high and might refuse to let me lease. At this point i am so frustrated I am ready to gut my house, sell all the appliances and upgrades i have installed and walk away from these morons.
... I had someone that was going to lease my unit but they are stating that the current lease levels are too high and might refuse to let me lease. At this point i am so frustrated I am ready to gut my house, sell all the appliances and upgrades i have installed and walk away from these morons.
Wait a minute - let me make sure I'm getting this right. Your HOA can dictate to you the amount for which you can lease out your space? You've got a potential tenant willing to rent your place, for a $$ amount I'm assuming the would-be renter is willing to pay, and your HOA may nix the deal because the rent you'd be charging is "too much"?
Some HOA have limits to the number of units that can be rented out. And it 1st come 1st servered, so once a unit is rented out it can stay rented out forever. Only when a rental is sold, to its rental number return to the pool for someone else to use.
There have been some great suggestions in this thread.
I especially liked the "Free Concrete Blocks. You Haul" and the sledgehammer ideas.
I'm the do-it-yourself type. I understand why the OP is going the legal route, but a rock-busting party made up of volunteers who've followed along online, would have been a great show of grass-roots organizing power.
There have been some great suggestions in this thread.
I especially liked the "Free Concrete Blocks. You Haul" and the sledgehammer ideas.
I'm the do-it-yourself type. I understand why the OP is going the legal route, but a rock-busting party made up of volunteers who've followed along online, would have been a great show of grass-roots organizing power.
I know right! LOL. man. That would be so awesome. But then they would FINE us! "FREE US"! Let's see what happens...
I live in the same complex as homeowner24 and have been going through the same situation. Our fee's were $296 a month which is decently high to begin with. Then they raised the fee's by 50%! I have paid my mortgage and monthly $296 and the first 1,000 of the SPECIAL asses fee. I have missed 3 of the special asses fees and when i called to pay the 1500 the attorney said they were charging me 1600 in fee's on top of the portion that i owed the HOA. 100% penalty? This is nuts. They have blocked my driveway also and actually towed my car away one day when I came home to prepare for a work meeting. The HOA would rather have people leave and destroy the comps in here then work with anyone. I had someone that was going to lease my unit but they are stating that the current lease levels are too high and might refuse to let me lease. At this point i am so frustrated I am ready to gut my house, sell all the appliances and upgrades i have installed and walk away from these morons.
I am SO glad you saw me outside and have joined me on here.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
