Does anyone have experience in dealing with HOAs?

[andrewross8705]

I personally think an HOA can either be nice or terrible and don't see any middle ground based on the experiences I've had in the past and friends have dealt with. My mom bought a house about 2 years ago and has been working on it, cleaning it up, etc. She knew there was an HOA when she bought the house but just tracked down the president and management company within the last 6 months. Prior to that, she had no interaction with anyone on the board or even knew who was on the board. She recently put a fence in and had her 1st interaction with the management company who couldn't tell you which was left or right based on what I was told. After materials were ordered, permits granted and post holes dug, she learned that her wooden fence had to be painted white. House is a tan/sandstone if you want to get technical and she hates the color white. President is about as reliable as a burnt out light bulb and dodges questions.

Looking over the papers from closing, she's missing a few which may or may not include anything pertaining to the HOA. During the meeting last week, we learned that a neighbor across the street has a large shed that wasn't approved and said neighbor refuses to remove it because it's her house, her property. HOA is fining her, threatening to put a lien on the house and ultimately foreclose on the house as they can exercise that right. They also threatened to do that to my mom's house and the neighbor's house if they refuse to paint the house white. In all of the papers I looked at, there wasn't a single paper that had a signature saying the homeowner agrees to the HOA rules/bylaws/regulations and agrees to any fines, etc. I also learned that the HOA can't legally foreclose on the house as they have no financial interest in said house.

With that being said, does this HOA have any leverage without signed agreements? I've dealt with a condo HOA and a neighborhood HOA, both of which had all homeowners sign papers upon moving in and both of which were on private property. Here, the village handles all snow removal as it's considered public property. The board members were absolutely awful and refused to compromise on the fence. Normally, I wouldn't make such a stink over something like this but it's not their house, not their mortgage and white looks absolutely awful next to a tan house. Side note, they also say that reptiles, birds, rodents and insects are prohibited. Funny, because they have no way of knowing who has what animals without entering someone's home.

[PitOnTheProwl]

We bought our house 22 years ago and 15 years ago the neighbourhood added and HOA.
Guess who does everything they say cant be done?
I do pull permits per the city but I was here pre HOA.

[MasonC2K]

I will never move into a neighborhood with an HOA. Those things are pure evil.

[OhhWatALoser]

It would come down to if she actually agreed to being a part of the HOA. If she did, she agrees to all their rules and future rules. If she didn't, they have no legal anything over her.

[andrewross8705]

It would come down to if she actually agreed to being a part of the HOA. If she did, she agrees to all their rules and future rules. If she didn't, they have no legal anything over her.

Even if she wasn't aware of the rules and regulations until recently? She had been trying to get in touch with someone since moving in but the previous management company wasn't returning phone calls and we learned the HOA terminated the relationship. If she was aware of everything when she signed, that would be one thing but to learn about all of this when she's been there for almost 2 years? Not to mention, she isn't the only one with this problem.

edit: I'm not sure how you can put a lien on a house with no legal documentation that has been signed by the homeowner.

[OhhWatALoser]

Even if she wasn't aware of the rules and regulations until recently? She had been trying to get in touch with someone since moving in but the previous management company wasn't returning phone calls and we learned the HOA terminated the relationship. If she was aware of everything when she signed, that would be one thing but to learn about all of this when she's been there for almost 2 years? Not to mention, she isn't the only one with this problem.

Ignorance isn't going to hold up. If she signed it, she is legally aware. Thats what signing something means, I agree to what's on this paper. I'm also sure non contact doesn't omit the rules. It all comes down to if she is legally part of the HOA.

[andrewross8705]

Ignorance isn't going to hold up. If she signed it, she is legally aware. Thats what signing something means, I agree to what's on this paper. I'm also sure non contact doesn't omit the rules. It all comes down to if she is legally part of the HOA.

I'm 99% positive she didn't sign anything in regards to the HOA. I'm waiting on the missing papers from the title company but so far, I haven't found anything she signed that had to do with the HOA.

[MasonC2K]

HOAs are notorious for overstepping their bounds. They threaten things they can't follow though on. Intimidation is their biggest tactic.

If she didn't sign anything when she bought the house they have no power. Hopefully she didn't.

[KMG]

Are the other fences in the neighborhood white? If they are it should have been clear that was the set standard. If they are not maybe she can use that as a way to make them either go after everybody or leave her alone.

A white fence with sandstone house doesn't sound like a clash of colors.

I would get a copy of the HOA rules.

[OhhWatALoser]

I'm 99% positive she didn't sign anything in regards to the HOA. I'm waiting on the missing papers from the title company but so far, I haven't found anything she signed that had to do with the HOA.

If that's the case, they have as much power as I do, telling her what color to paint her fence. If she was part of the HOA she should of been paying a fee to fund the HOA anyways. I know HOA that hire full time inspectors to look for violations. Then others are just collecting fees to cut the green belt grass and maintain the pool house/club house. So not all of them are bad, but I can tell you I'll never be a part of one.