HOA Nut House

You need to check Missouri non-profit corporation laws. Also Missouri may have a planned community act that directs HOA. Check your laws. You may even have to spend a couple of hundred bucks for a paralegal to check them for you.

In NC 67 percent of homeowners can vote to dissolve the HOA.

You need to read the declaration or covenant that created the HOA to begin with. If you don't have a copy, it should be available from the HOA or the county clerk/recorder. In there, it will usually say what must be done to dissolve the association. A covenant is an agreement among property owners that is much like a contract in my (non-lawyer) understanding. As such, it usually requires 100% of the owners (every party to the contract) to agree to dissolve the association. However, state statute (as kirk above notes) may have different requirements. Or, if the covenant does not say what is required to dissolve, the state may have a default percentage.

You would want to make sure that the HOA doesn't have any significant common property that it administers. If there is common property, it would need to be disposed of. For instance, if there is a swimming pool, who will run the pool if the HOA is gone?

In my case the HOA took me to small claims court. The judge dismissed the HOA action when I proved I get nothing for the money. Despite this, theyplaced a lien on my property withojut a judgment. I am taking them to court and will bankrupt them. That is one way to get rid of this vermin.

Celebrate the 4th~! QUIETLY one neighbor says. Have ourselves a block party~! Oh, no - liability, and alcohol and children don't mix. Don't do this, don't do that, the same couple dictate. REALLY?

No common space (no pool, tennis, clubhouse, dog walk, picnic table) but the front "gate"
Yet, a 'board' of 3 (including the dictator) plus the developer (the Prez stepped down - health reasons probably stress and guilt) decide collectively, being partial, nosey, high-minded "neighbors" whose interest is their own - NOT YOURS!

In Georgia, the Official Code [O.C.G.A. 44-3-227] provides for lawful obfuscation of your privacy and personal rights. And in the Declarants wording of the CCRs, "insomuch as the law allows..." leads the first paragraph.

Good wishes on your quest to dissolve or at least curtail the Judicial, Legislative, and Executive privilege of your HOA.

Been there, still doing that.

We are active in our HOA. We choose to and enjoy it. We are shocked by how many residents claim they didn't know an HOA existed within? I remind them that you sign the papers acknowledging it when you close on your home loan. The response we get is that no one reads the loan papers to begin with. What the heck? We are trying to increase dues. The ones who are voting no are the first to complain about things. We are going up $25 dollars and you think we were asking for $1,000. Geeze. People don't understand that according to our CCR's that we have to have attorney's, accountants, liablity, etc. They just want to rag and complain. But have no solution. My theory is if you don't read the paperwork or try to understand...you may just be too uneducated to own a home in the first place. If you didn't want to live in a HOA subdivision, why did you move here? That is the first thing we asked our realtor if they had one or not. No one will ever be happy. There is always someone who doesn't get the basics. For people who want to run auto repair shops in their driveway, move to the country. No one cares what you do there.

Here's one for the books... I purchased a home two years ago, and asked if it was part of an HOA. By the realtors, I was told no. The Title Company didn't mention it, none of the closing papers said there was an HOA, and the seller's disclosure, over the portion where a seller is supposed to write in the HOA information and any balances due, diagonally it was written, "OWNER NEVER LIVED IN HOME."

Fast forward to 6 months later, I receive a bill from a HOA claiming I owe them back-dues for ten years. I will not pay for services that I did not and could not receive. Now, they're threatening a lien on my home, and refuse to accept payment for the two years I've owned the home without payment of the back dues.

I'm not even sure who to sue at this point, so I'm thinking about just suing everyone. The homeowners association, the title company, the realtors, the previous owner, EVERYONE. Also, now that I'm aware that I'm a member of the HOA, I'm going to attend EVERY meeting, and be the biggest a-hole I can. If only they knew that you should let sleeping dogs lie.

You do not need a judgement to put a lien on a home.

I'd like to vent about my HOA problem. We bought a townhouse and of course it needs an HOA because there's a pool, common grass areas, etc. Well, the sleazeball we bought it from didn't have all the keys at closing and then never returned anymore calls. Soooo, after contacting the HOA, we were told we could not get a new key to the mailboxes. They told us to contact the post office and to just "wait by the mailbox for the postman to open the box." (All day??? Yes!) USPS had a master to the whole thing but no individual keys. Sooo, the HOA told us we would have to rekey it on our own. We called a locksmith who couldn't even do it so we spent hours filing down a generic lock to make it fit in the new hole.

Second, we got a letter letting us know they put a new gate on the pool and reminding us to use the key instead of jumping the fence (in general, not us personally). Another key we didn't have! Fortunately, the letter said we could get another copy if we needed for $15. So, I mailed them a letter with the check. Over three weeks later, I got a letter back, with the check, saying "Sorry, we neglected to mention you have to go in person to such and such address to personally pick up the key."

I realize we need an HOA for this property but what can be done about their gross negligence??? It is managed by a freaking legal firm, not homeowners. Can they be fired and replaced or what???

is there anybody out there help . ipay 200 month for hoa it only cover roof and wall and molding front yard.i talk lot my community about hoa they don't like it.so what we have to do free from hoa

You sound like you are in a condo. They may also cover water, electricity, gas, trash, etc. There is no practical way out of a condo association unless everyone is willing to sell to a common owner and lease back from them.

Here is one for the books. I pay 25.00 a year in dues. I've been here 3 years. Last year was the first year i got an bill and it was in my maiden name. When bought to there attention they said they got it off my mailbox. On my mailbox it has my married and maiden name on it. When asked where the money goes they said to maintain the road and rec lot. They have never mowed the rec lot as the grass is waist high and county takes care of the road. Then they said for gas to go to the post office and court house. Then they said it goes for stamps, stationary and envalopes for the news letters. I have never recieved a nesa letter yet and the bill was hand delivered to me because the presadent live only 3 houses down from me. When I asked to see a yearly report hey said they don't have one. So that leaves me with 1 questin. What am I paying dues for. This is rediculous. I wish there was a way to get rid of the whole HOA as the one here stinks .I wouldnt mide paying if they did something but they don't and now they want to raise our due's to 60.00 a year for nothing.

Well in the windermere condos in Burlington NC, is the worst place I've ever lived. The builder went out of business and now no one knows who the declerant is. And we can not get rid of Slatter Management(a greensboro) company. They have went up on rates 2 times since builder left, and services have went down in a big way. It's so bad, everyone that comes here to visit say's what happened to this place?? It's only 4 years old and looks 24 years old. How can ya get a unit owner association started? And get a crappy management company out??

I would give any thing to move out of my place with a HOA. The minute I am able I will and never ever again will live where there is one. No one ever lets you know what dictators they are. We have nothing they maintain. No pool, and they have turned the tennis courts over to the school to use during the day. I have received a letter to water more even though we have had weeks of steady rain and almost 13 inches. There are water restrictions and they want you to ignore them. It is just a simple community with working people. I find nothing and no one that regulates them.

I think many of you should get involved with your community before you place judgment on those who serve. Not all are bad actually if you dissolve the association and you can; who will pay the price for the common area maintenance? If you think home prices are low now just wait until your neighborhood looks like a third world country. Get involved is the best way to help that's what I did!

In Georgia in our subdivision year 2001. We leased from the builder 18 months. Told the development would be a swim community
with walking trails and sidewalks. We bought our home and it clearly states AT THE COURTHOUSE Plat such and such Mulberry Ridge. They started building houses all around. I kept going to the construction trailor and asking if the HOA had been formed yet and they stated not as yet. We had interment convenents from the builder until a HOA was established.
We are the longest residents here buying in 2002. Saw the pool get dug and then completed. Kept asking several builders
who had taken over from the orginal about the HOA that did not exist yet to the best of my knowledge. The little construction
trailer that changed hands about three times kept saying Oh the pool will be ready soon. We will notify. Well the pool
got built. Some lots had sidewalks, some did not. Some had streetlights..Some did not. The orginal owners of the
subdivision started noticing the pool was always locked. It was there. No access. We assumed. 4 or 5 of us still no
HOA. I decided this year I would see if the pool opened and what the deal was since the whole thing is complete now.
Pool is open and unlocked. I go in and carry my grandchildren and are ejoying the pavilion and I ask someone about who maintains the pool and was told the HOA. I said What HOA and how long has it been here. We, the orginal homeowners
were never notified or told. She said she was the treasurer and the dues were $350.00 a year. I said Fine. I wanted to come up
find out what was going on and since the Development is complete and by the way the homes are almost all identical. I was promptly told we were Phase I and could not be part of the Pool Area and the HOA. I confronted them tonight and demanded
an explanation of who decided which Phase was included and which was excluded considering there are only two phases, according
to them, the same builder, built on both streets. They got mad and called the Police and told me to leave the Pool area as
I was trespassing. I went home and got my Deed. Police told them the same thing I did. Civil matter but who appointed them
Governors over the subdivision and they said one of the builders. Well, I said. I am here to pay dues. This is the first year after 4 of completion this pool has been open. They did not say anything but conflicting remarks. There were also no homeowners
at the meeting but just the officers which I suspected would be since I had talked to the Treasurer the night before.

My husband is a 100 percent disabled VN vet and this is clearly against everything he thought he fought for in the constitution.
Equal proection. We were never notified of a HOA or given the opportunity to decline or accept a membership, somebody is either discriminating or lied to us in Truth and Lending. There was a Huge sign at the beginning of the Subdivision
that said Swim Community, Not phase II but Flat out Mulberry Ridge...Swim Community. People using that pool in most cases
are renters who just moved in but the orginal front street homeowners never had a say and can't even go near the common swim area without a Criminal Trespass being given. We pay our taxes. Our deeds are recorded in this planned developement and
the houses are all similar in structure. Now tell me. Is this legal? I don't think so. I am pushing this to the max. Also,
I wonder what will happen if we start a HOA Phase I and let the judge figure out who gets the pool. Mad as Hell !

Is there a law that states 1 Meeting a month and 1 Election a year in the state of New York my HOA has not had a meeting or election within the last 5 years and i am the VP and i want to get rid of them all the do is cut grass.

I would talk to a consumer rights lawyer, also I would get a contingency based lawyer. Which means he gets paid when you win by the opposing side! I would also call the attorney generals office for your state.

Contact the original builder and look at your deed and contract.

See if you can't get a neighbor in phase two to give you a copy of the hoa bylaws.

Look up usury laws and admin codes for ga.

Your state will have laws by which builders and the like must adhere too.

Does anyone know what the laws are in Virginia? I was once on the HOA board when our community was new. Since then, the rules have been tossed out the window. Our Architectural Review Board didn't enforce anything. Now, 10 years later, we have a new ARB and they're going around the neighborhood with their ridiculous little clipboards issuing citations to people over things that cannot be enforced since they weren't enforced originally and people have done whatever they choose. For example, in our guidelines, it says that you cannot add storm doors onto the front of your house. The majority of the houses now have screen/storm doors. People who are now putting them up are getting slapped with fines. How is this justifible? If the ARB is going to continue with their little clipboard exercise walks, I think the guidelines need to be redefined, leaving out all the things that weren't enforced before but allowed to slide by.

What is the process to dissolve an HOA in VA? The HOA said that we pay dues for snow removal, trash removal, upkeep of playground and common areas. Once the contractor released the community, the county began to take care of snow removal. We do get trash removal but we pay for our own trash cans/recycle bins from the company and we have NO playground or common areas. We pay $150.00 each quarter.

Thanks in advance for any help you can give :)

I Have No Idea WHERE HOA's started, BUT they need to go away! My theory is: they started out of laziness and lack of responsibility from the Builder that put up the houses.
What a lame excuse for a non-profit company.
I would NEVER buy a house with an HOA. Look..........if I live by the river in a trailer, I guess you know what to expect! If I live in a half million or more house with a pool, I guess you know what to expect. You don't want to see trash around, so you keep yours picked up, as does your neighbors!
This isn't brain surgery, Take back your communities! Get some guts! Live like Americans! Stop the HOA's!

First, show up to the meetings and get other neighbors to show up. Contact the HOA Board and ask for proxy forms, walk around the neighborhood and ask people if they are going to attend. If not, get them to fill out the proxy. When you show up to the meeting with a ton of proxys, you will be able to ensure a quorum it established. (usually 10% or so of the members must be present or represented by proxy to have an official meeting.) Also, the Board of the HOA is not the only one that can call a meeting. You as a member can too. Just mail all of the members with date, time, location and agenda items. You need to document who attends the meeting, and have the attendees sign in and the attendees plus proxys must be enough to establish a quorum. If not, nothing you decide and vote on will be "official". (remember. proxys = votes )

Second, every HOA is a non-profit organization. Usually a 501c3 or 501c4. They must be registered with the state/county you live in and you can get the articles/covenants from the county Registrars office. Once you get these, READ them. This tells you what you can and can't do, with regard to changing the rules, or disbanning the HOA, or REMOVING Board members/president etc. Yes, you can have Board members removed from office.

Also, the Board of Directors are essentially running a non-profit organization and have a certain feduciary responsibility by law. If they are being negligent they can be held personally responsible in a court of law.

Well that's my advice. You have to organize your community, do the legwork, get the information, understand your articles/covenants, vote, get others to vote, and document-document-document.

My personal short story... I moved into a new neighborhood with an HOA knowingly. BUT the HOA was under the exclusive control of the developer. I was paying but not seeing anything from it. Not even meetings and since the developer ran the HOA and owned the lots, they had all the votes, they were the Board of Directors. Needless to say, I was disgruntled. Long story short, I did the advice I've given you. We kicked the bums out. Our community is closer than ever because of the experience sort of uniting us. The funniest part... now I'm on the Board of Directors. Our members might vote to end the HOA, or they might keep it. It's really up to them. I'm just a volunteer trying to help my neighbors.

I hope this helps you.

Talk about not being Fair!! I bought my home 11 years ago. I have been teaching swimming for the past 35 years.My neighbor of 10 years, the Hudson's, have put the HOA on me because I teach one on one swimming lessons to some special needs children and children who have had a hard time learning how to swim. I teach only 2 months out of the year with only one child at a time. Our rules say that we aren't to have business out of your home, I don't advertise at all and this is a life skill along with safety. At least 1/2 of all the nieghbors living here in the neighborhood conduct business out of their homes without being hasseled. Even Mark now works from home for Dell and gets a paycheck. When asked what was so wrong about children coming to my home, Julie stated she hated hearing me praise the young children for doing something right. My back yard is far from their home so they literally have to work to hear anything. I have had the police at my home because they are constantly yelling at me or peering out of the window to take pictures in my backyard of my friends with their small children. They don't have permission! Talk about harassment!!! I can't even go into my back yard without looking in on his cluttered yard because He cut my trumpet vine down which gave us privacy for the past 10 years stating it was breaking his fence. They even wanted to dictate when I was allowed to use my pool, who was allowed to come over and how many children could play!! Can you believe the invasion of privacy with this one???
They are now going after my 3 boxers stating that they scare of them and I should get rid of them. They are loving dogs who play with the young children who come to my home and again over 1/2 the neighbors here in the community have multiples of pet and yet again, I am the only one being singled out because of Mark and Julie Hudson!
I feel that the HOA should apply the rules and covenants equally to all not just a selected few or ONE, ME. When asked, they say that they aren't talking about anyone else, just me and that is how the HOA gets around applying the rules equally.
What would you do?

I really hate hearing about neighbors like that. I'd simply put a sign in your back yard, below the fenceline facing her way. Paint the finger on the sign. That way everytime she peers over your fence she'll be reminded that she's #1 in your book.
Is she singling you out? does she pay any of the neighbor kids to babysit? Mow her Lawn, etc? If so, sic the association on her for harassment and hiring illegally.
File a complaint to the association that their actions are discriminatory and discrimination is illegal. File a complaint with the police for harrassment against the neighbor and the association. Covenants and by laws are to be enforced equitably not randomly. See your states property codes regarding HOAs.

Hey guys, I am not a real estate lawyer and may not be as educated as some of the pundits who have replied here but when something seems wrong we must at least try and question it. Its not about intelligence its about fairness. When I signed my condo contract, my assessments were on print to be $170. On the day of the closing i was slapped with a sudden notice that it was now $184. This was in March and I have been paying that amount since. Suddenly in Oct, I am told the assessments have increased since June by another $60 and I now need to pay arrears of $60 since June, including a late fee of $50 for each of the month since June. I was not notified of the increase, Was not informed of any meeting to vote on this. Can a HOA do this?? to add insult to injury, last week there is another lump sum fee of $1400 for repairs which have to be paid upfront. Does anyone know what institution i can write to fight this?? Thanks very much

I hope this helps "Talk about not being Fair!". I too had a similar situation in my HOA run subdivion. My situation was not as serious but just as frustrating. It was about my dog, a German Shepherd (German breed) weighing in at 103 pounds. I had the police and humane society on my front step AT LEAST monthly because of neighbor(s) complaints. When I asked if the person(s) could be charged or fined for filing false complaints, I was told "No". However, those neighbors would walk their dogs by my home, up into my flower beds and around my garage, making my dog go crazy. I also spoke to the "liason" for the community and HOA. I asked if she could send an email to ALL NEIGHBORS to clean up after themselves and be respectful of their neightbors private property. I got NO WHERE, not even an email. She sends emails out to request donations for toys and clothes for her "friend" that lives in another city. I did not even get an email. I got NO WHERE. She picks and chooses who/what she sends emails about. I invited the police and the human society's director to my home to inspect my home and my dog, the yard and living area, vet shot records, tags and license for my dog. This was done at their discretion, so their visits were random. I was told that my dog was "well mannered and socialized", "healthy, as evidenced by his vet records", "most like intimidating because of his size and breed" (he is a German breed G. Shepherd weighing in at 103 pounds...he's massive) and that "my accommodations are above what most dog owners do". I have not been bothered again. Both people that came to my home were angry that their officers time had been wasted and about the pettiness of some neighbors. It's a little off track for most of the conversation here but I hope this helps you. The point is the HOA is not always right, nor are your neighbors. You have rights just like they do. Find out what they are and stand up for them.

Does anyone know if the following situation has an legal standing? I have lived in my home for approximately 20 years. At that time there was not a home association. Approximately a year ago, a woman in the neighborhood decided to start a crime watch, then suddenly started a home association. It has been terrible since. There is no pools or common ground here to maintain or anything like that. This woman and whoever else is in this dictate the rules. She works for the city controllers office so anytime she sees a "violation" of her rules she drags a co-worker over to fine the person. For instance she has decided no one can sell vehicles on their own property.This is even though there is technically a very old law on the books, it has never been enforced in the city or even the state (Indiana) When a neighbor did, she broke his attenna and wiper in her attempts to put nasty notes on the car and a fine. I've wondered if there is a law about her using her job title/position for this type of stuff. She has decided no RV's, boats or excessive vehicles can be parked in persons properties, yet allows the "treasurer" to have an RV parked in the front of his yard. She sends emails reminding folks to pay their dues. i have never paid because i never agreed to this and never signed a contract. There is no book or anything about rules or anything. This lady is getting pretty nasty and many neighbors except the ones on her side are upset at this. We considered a petition but figure it would do no good and have considered a civil suit. Does anyone know of where I stand legally? Thanks

My HOA uses an outside management company that is awful. This is our first time in a community with an HOA. We got 2 letters within 1 week of moving in. One was because we left a small moving trailer in the driveway over night- it was too late to return it after we had finished unloading our belongings when moving in. The other letter was sent because our dog went to the bathroom in the backyard & was not immediately cleaned up as soon as she went. The poo was cleaned that day, and we got a letter a few days later...we were speechless & confused! We moved in a year ago, had a home inspection upon purchasing the property and a few shingles needed replaced due to a hail storm 2 1/2 years ago. The townhome is so new, the roof was still under warranty, so they were replaced, no problem. Our roof is perfect. Now, 2 1/2 years after the hail storm, the board decides that the roof needs replaced and we are being charged 5,000 (we have 6 months to pay) to have the roof replaced (even though ours doesnt need it!) If we dont pay, they will put a lien against our home. Next, we put down a $150 deposit to use the clubhouse for a church Christmas party. We got a letter saying that $100 will not be returned because the lights were left on, the doors were unlocked and people were illegally parked in the parking lot (on a sunday night) Yes, people were parked on the 'sides' of the lot where there were no lines, but all doors were locked & all lights were off - we are 100% positive of that. It also said fans were left on. Guess they forgot that it was 40 degrees out that night - so basically they are lying (except for the cars). What can we do about this? They have bullied us since the day we moved in. People hate it & are moving out left & right. Half our neighborhood is up for sale because of this HOA. I just wish the market was better & we could get out. Its a shame cause we love our townhouse, but the HOA is out of control. We have at least 12 people with leins against their homes because they cant come up with 5000 for new roofs they dont need .....at Christmas time to boot!
We do have common grass, a pool and a security gate.
The gate is broken 15 out of the 30 days in a month (not an exaggeration!)
They mow the grass twice a month (& its in Jacksonville, FL!) so grass is always high.
Half my grass is dead from the pest control anyways I guess, haha!
We pay $200 per month.

HOA's have both good and bad sides, ours is a little rinky dink one, but it tries to keep the neighborhood neat, no trailers and junk in the front of the house or the side where it can be seen by passer bys, in general it keeps the area from becoming a third world neighborhood. We had a couple that moved in and the first thing she complained about was the rocky road and it's holes, I asked her how many times did you look at the house they were buying, the answer was an astounding 6, Now I may not be the brightest bulb in the box, but after one trip down a beat up road would tell me that it ain't gonna git any better, at least not now, but one good thing is we don't need speed bumps to keep people from speeding.
A lot of smart people don't do their homework before buying, I know a lot of well educated and financially affluent folks, but seem to lack good ole common sense, if the area has house's all painted green and yellow, that would tell me that conformity is #1, do I want to conform or do I want to paint/side my home in the colors I want, answer is pretty obvious to me, find another neighborhood.

what is the statue of limitations in nc for a violation. I bought a house 5 yrars ago with a fence in the back yard and now my HOA says that part of it needs to be moved to the back corner of the house. Can they make me do this since this was approved before I bought this house and its been this way for six years according to my neighbors. My neighbor says that there is a three year statue of limitation for the home owners association to enforce this in NC

Think owner's equitable defenses to an association’s failure to enforce its governing documents which include, but are not limited to, abandonment, waiver, estoppel, selective enforcement, discrimination, and laches.

"Our Board refused to
Submitted by Chuck132 on Wed, 08/26/2009 - 8:38am.

"Our Board refused to enforce the rules regarding garage usage, # of pets, and some others. Community is now overcrowded and losing value." quinnsrock, 05/26/2009

"Since an HOA board has no governing body making sure its laws are equally and fairly enforced, you are at the whim of whatever rule they want to enforce and however they would like to apply it." Giddyup, 06/11/2009

Arizona: owner’s equitable defenses to an association’s failure to enforce its governing documents include, but are not limited to, abandonment, waiver, estoppel, selective enforcement, discrimination, and laches.

CC&R Enforcement: Mandatory or Optional, Carpenter Hazlewood Delgado & Wood, 01/27/09

"Is an association required to enforce its governing documents in a down economy?

YES. Arizona law, in a case called, Johnson v. Pointe Community Association, mandates that an association has an affirmative duty to enforce the express terms of its governing documents. The law does not provide any exceptions to this legal obligation. We have long encouraged our clients that an association only has two choices: amend the governing documents or enforce them as written.

An association that chooses not to enforce its governing documents exposes the association and its board of directors to two distinct forms of risk. First, another owner in the community may file a lawsuit against the association and allege that the board has failed to enforce the governing documents. This type of lawsuit could include a personal claim against a member of the board for the board’s breach of duty to the association. It is only logical that other owners purchased homes in the community with reasonable expectations regarding the governance and look of the community. An association’s governing documents sets forth these expectations. If a board chooses not to enforce or abide by the governing documents, a claim can be made that the board has failed in a simple legal requirement: follow the documents.

Second, if the board chooses not to enforce the governing documents now, the Association may lose its ability to enforce certain terms of the governing documents in the future. Failure to consistently enforce the governing documents exposes an association to an owner’s equitable defenses such as abandonment, waiver, estoppel, selective enforcement, discrimination, and laches. All of these defenses are somewhat different. But all of these defenses can prohibit or severely restrict an association’s claim against an owner to enforce the governing documents.

Finally, we all must remember that banks are owners too. A bank owned property should not be treated any differently. Bank owners, like all other owners, are contractually bound to follow the association’s governing documents.

With all of this in mind, we understand that budget constraints are an obstacle to enforcement. However, the law does not recognize this financial obstacle as an excuse to avoid enforcing the documents. Even in these challenging times, we have found that associations that are aggressive and consistent in enforcement are actually expending fewer funds. Being aggressive and consistent creates deterrence for other owner’s violations and raises an owner’s outlook of the community. Owners that see violations within a community are more likely to ignore their own obligations and mimic those violations. Stopping violations before problems spread among other owners is key. Therefore, we encourage boards to adopt an efficient and aggressive enforcement and fine policy. Much like collections, delaying enforcement action delays the overall objective: compliance."

Well, there you have it.
Spend your money in a down economy with litigation, in hopes of what?

The vast majority of the threads on this hoa news network deal with unscrupulous, deceitful, self serving volunteer board members. They will realize their glory today.

Being aggresive and consistent would benefit us all, however, it is not human nature - its too complicated and not nearly as fun

Moving to Florida, every new community was controlled by HOA. We were informed of covenants and such, but when the covenants changed, we weren't informed. How they were enacted beats me. Any new developments would be controlled by HOA because that was the only way developers can be allowed to build - by proposing their own maintenance instead of the city or county. I don't mind them, but when your property rights as an American goes out of control, that bothers me. HOA sounds like a controlled communist party, out to tell you what to do and not what to do. We decided to live in a so-called gated community for safety, but with wide-open gates but no wall only 3 ft shrubs, safety was no longer there. HOA board members spend money on things that don't really need spent. They hire expensive property management companies that take more money than provide support. My first experience with HOA and I can no longer tolerate them. Too many restrictions that don't de-value my home, but only to make my neighbors down the block happy. I realized that HOA, once controlled by the homeowners were made for one reason - make money and impose restrictions based on people who complain too much about their next door neighbor's yard. Pretty soon, this neighbor complains this and that, then a restriction is imposed and the fee is increased. I know now that we humans are complainers and only there for our own self-interest, not of others when restrictions are imposed. Humans are never satisfied. I don't think HOA can be eliminated because then the city or county will be responsible. In which, they will not take because that's why they first agreed for builders to build such a community. The city or county already imposes property taxes, but it's not high enough for their budget, so HOA are created to maintain those grounds. There's no end to it, I feel. We live in a country popular for frivolous lawsuits, especially Florida. HOA will sue you for anything...I've attended every HOA meeting, but they only argue instead of listening. I feel that the board member like the president has a friend who lives in the community, so whatever the friend wants, the president will say "yes". I feel that way, but may not be true. Those are just my feelings and opinions. My first experience with HOA and my last...waiting to sell but cannot because of bad economy. My home is not worth the price I paid for, so I'm stuck, less than 150k. So, just wearing my patience thin for now...and praying for this to end soon. I trust that God will guide me out of this miserable HOA community...best of luck to everyone!