HOA doesn't uphold policy - what can I do? (sale, foreclose)

[cp1969]

Originally Posted by Alley01

How could you pay dues and not know who to contact?

Read the original post.

[clemolly88]

Thank you for all your responses and advice. I did go to the county courthouse to make sure the covenant was registered. It is. I then got a copy only to find out the builder had revised the covenant and took out the part regarding no renters. I understand the need for renters and I understand that in my subdivision there aren't many rental homes. However, 4 of those rental homes are on my short street. That is a bit concerning to me.

I've spoken to the realtor who sells these new homes and she assured me that the builder does not want rentals that do not abide by the covenants or are trashing up the neighborhood.

So, I'll think positive thoughts and hope that the renters continue to be good renters in our neighborhood. I love my home, my neighbors, the peace and quiet and hope that doesn't change.

Thanks again for all your responses!

[IC_deLight]

Originally Posted by cp1969

How is that such bad advice? The HOA is not living up to its end of the bargain; why should you continue to pay dues? Just exactly what recourse do they have when they are the ones violating the terms of the agreement? If nothing else, you will get a call from them, at which point you can say, "Oh yeah, those dues. I've been meaning to talk to you about that. See, I'll resume paying the dues when you start enforcing the covenants, which is the sole reason for your existence."

In other words, what in the hell can they do to you? Sue you to continue paying on a contract they have violated?

No, they sue you to foreclose on your home.

There is an industry (HOA management companies and HOA attorneys) that takes it several steps further to entangle junk fees with your assessments. They will then threaten you with foreclosure unless you pay the junk fees and the assessments. It's quite a shakedown racket. If you look at the restrictive covenants, the only entity that has an obligation is the homeowner and the obligation is to pay.

[cp1969]

I would take my chances with that.

I'm not in the habit of continuing to pay for something I am not receiving. Ceasing payment is the best way I know to get their attention.

Failing that, if they sue, would you not be able to mount a defense??

Judge: "Why did you stop paying your homeowner dues?"

Me: "Because the HOA is not enforcing the covenants agreed to by both parties."

Judge: "Case dismissed."

[Versatile]

Originally Posted by cp1969

I would take my chances with that.

I'm not in the habit of continuing to pay for something I am not receiving. Ceasing payment is the best way I know to get their attention.

Failing that, if they sue, would you not be able to mount a defense??

Judge: "Why did you stop paying your homeowner dues?"

Me: "Because the HOA is not enforcing the covenants agreed to by both parties."

Judge: "Case dismissed."

To wrongs don't make a right! You are better off paying your dues and then taking them to small claims court.

[cp1969]

Eh? Small claims court is for small monetary judgments, usually no more than a couple grand. What would the OP claim as monetary damage? He doesn't have any. If it's the devaluation of his property due to scummy renters nearby, the loss is going to be bigger than small claims court will accept.

[aragx6]

I think Versatile meant you'd sue for a refund of your dues.

[Versatile]

Originally Posted by aragx6

I think Versatile meant you'd sue for a refund of your dues.

Correct Sir! thank you.

[Alley01]

Originally Posted by clemolly88

Thank you for all your responses and advice. I did go to the county courthouse to make sure the covenant was registered. It is. I then got a copy only to find out the builder had revised the covenant and took out the part regarding no renters. I understand the need for renters and I understand that in my subdivision there aren't many rental homes. However, 4 of those rental homes are on my short street. That is a bit concerning to me.

I've spoken to the realtor who sells these new homes and she assured me that the builder does not want rentals that do not abide by the covenants or are trashing up the neighborhood.

So, I'll think positive thoughts and hope that the renters continue to be good renters in our neighborhood. I love my home, my neighbors, the peace and quiet and hope that doesn't change.

Thanks again for all your responses!

I would really be skeptical with what the realtor says - especially if they represent the builder. Ours lied up and down about so many different things it was ridiculous. We were naive when we bought our first house so we thought we could trust the realtor. Nope - they were in it for themselves and told us anything that they felt would make us happy. Do you have a copy of the original covenants with the renters clause or did the realtor tell you about that? If you have a copy of the old covenants, you may have some recourse. Perhaps one of your neighbors has a copy if you don't? Regardless, beware of the realtor. We learned our lesson.

[cp1969]

Oops, my mistake. I misunderstood Versatile's post.