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i am having an issue with my HOA. the HOA rules do not have any true guidance as to indigenous trees being near your foundation. we just built a house, the hoa rules state that in no way is an indigenous tree to be harmed, moved or cut down. in fact, the builder must adjust the placement or footprint to accommodate the tree. I have a 50 to 60 year old pine right off my front porch. we live in Colorado in what is classified as high desert area. now that the house is built and we moved in, the HOA architectural committee lady is saying we must cut it down or face a lien on our property. the HOA is also telling the builder, he will not be able to build anymore in the community if he does not cut it down. he said they wanted to him to cut it down, but I the home buyer said no.
I am in a quandary as to how to fight this. my kids love the tree, and it shades our home. again there are no guidelines relating to proximity of trees to foundations and the HOA had to approve the permit before the house was built. looking for some big time help
I'm not a fan of HOA housing. I personally never buy into those areas, many times it is harder to sell the property because of the HOA. Have not been able to visit a good friend at his home for years now. The reason? the HOA does not allow pick-ups in the driveway after sundown. Since all I drive are pick-ups, I never visit anymore.
He is currently in trouble over having 4 drivers (kids grow up, what a surprise!!??) with only a 3 car garage, so their 4th car sits in a shopping center a short distance away. How crazy is that??
A successful tactic for dealing with HOAs is to get a board member or 2 that work together and paralyze the actions the HOA can take. Most residents of the HOA will enjoy no enforcement actions and keep voting them in, no lawyers or legal fees required!!
HOA rules aren't a state secret. Be a responsible adult, check they out before you buy, ask questions, THEN buy or look elsewhere. Don't break the rules, then BIT*H about fines.
Everyone in the HOA gives up something for the well-being as a WHOLE. (And I guess it's why most Americans, who are me-me-me 24/7 can't grasp the concept.
Buy the biggest parcel of land that you can afford and have a house built or purchase a modular home, avoid buying a home in a HOA community.
I bought my new home 6 yrs ago in a new community in Houston, TX that had an HOA and about 100 homes completed at the time I purchased my home. I assumed that living in a community with an HOA would be my best option and that the HOA would enforce deed restrictions, that assumption was a big mistake on my part.
The only two home builders in the community when I bought my home went bankrupt, the last home builder stopped building new homes in the spring of 2009 and that builder was pouring thousands into the HOA account due to over half of the homeowners not paying their yearly HOA dues to maintain the community.
The last builder had to pour thousands into the HOA account to maintain the community in order to sell their remaining inventory of homes during the bankruptcy and winding down of the company.
The two builders that quit building in the community left the developer with 28 remaining lots in phase one of the community and over 350 lots in the undeveloped future planned phase two of the community.
The community went into decline with foreclosures and the HOA didn't have the funds to maintain the community due to not having a builder to pump thousands into the HOA account due to deadbeat homeowners not paying their $300.00 yearly dues. This also caused my yearly dues to increase to $375.00.
Suddenly in the fall of 2010 the developer cleaned up the community prior to selling the remaining lots to a nationwide home builder. The new builder came in to build out the remaining 350+ lots and since they had the majority rule in the HOA, they also lowered the building standards.
At the yearly HOA meeting last week, I found out that this builder has continued the tradition of pumping around $25,000 a year into the HOA to maintain the community. There is still over $33,000 owed to the HOA from deadbeat homeowners that have never paid their yearly HOA dues.
The HOA president stated that there is nothing that the HOA can do about homeowners not paying there yearly dues except send out letters and add penalties & fees to the delinquent accounts.
The HOA can't even enforce deed restrictions, all they do is send out letters and once in a great while they will cut the tall grass for homeowners that don't maintain their property and bill them. A few homeowners will pay this fee for the HOA having to cut their grass but the majority of the homeowners that have to have the HOA landscaping contractor cut their grass never pay the fee.
The current builder will continue to pump thousands into the HOA account to protect their interest in selling their homes until they build out the community in about four years and then the HOA account and the community will rapidly decline. I plan on selling my home right before the current builder closes out the community.
My advice is to look at the yearly HOA financial statements to verify solvency. If there is a current builder or developer putting money into the HOA account to make up for homeowner delinquencies, turn around and walk away without looking back.
HOA's aren't bad ideas..., but too many are run by bossy cliques of long time residents determined to shove their own views down everyone else's throats. Most of the problems could be eliminated by simply limiting the terms of board members to one year in every five. New blood prevents any clique from getting too powerful.
Failing that, your only real option is "going postal".
My HOA just sent me a notice that the paint on the block wall on one side of my house, facing the street, is out of code. I bought the house like this 4 years ago, haven't changed a thing and have never received a notification about the paint. I just learned yesterday that 43 other houses have received the same notification about the paint on their block walls being out of code. What can I do? Do I have to pay for all of this if I bought the house like that?
Now get this, a previous board member told me and another neighbor that one of the current board members used to own a landscaping company which many people in the community used, he just divorced his wife so that she can run the company while he sits on the board and they still live together. The landscaping company went around the neighborhood checking for houses out of code... isn't that kind of nuts?
If my neighbor has no said aythng about my oter neighbors RV for 5 years can he have the HOA make me get rid of my RV but not the neighbors
Yes you can fight your HOA and win. In a recent case in Virginia a couple got fed up with their HOA which denied their application to build a deck.
The HOA also "invented" the power to fine residents.
After the lawsuit?
The HOA is dissolved, bankrupt and must sell all the common property to pay this couple damages and legal fees.
The folks in the HOA? They are much happier! No more thieving, lying crooked board members ruining their community.
So YES....SUE your little tin pot tyranny HOA!