HOA Nut House

Yank,

The first thing to do is read your bylaws then read them again and once you have read them twice do it again. Most associations and state law allow for members to file grievances on one another. It sounds like the Management company is trying to streamline the process which can be good and bad. Good becaus if you have a complaint you know where to send it and the form to fill out. Many Associations do not have that. Bad because it may be used as a way to increase complaint to drive up fines and fill the bank.

Be sure that there is a judicial proces for the determination of the grievance established either in your bylaws or vi a committee / board process.

Sorry your in an HOA

Life is just one big bash

Legendary Meadows, Hoschton, GA sits a volunteer appointed board that masks the direction of the developer that incorporated the declaration of covenants.
He drives the neighborhood he doesn't live in, and has a management company do the dirty work.
The neighbor is encouraged to complain about their perceptions.
One psychopath has gone one step further - calling E911 (taking officers off the 'beat' or from emergency service) to write up a neighbor for flagrant perjurous claims, for the purpose of sharing her anger and loss of integrity.
She forgot the commandment thou shalt not make false witness.

Keep records. Use the facts to respond with your violation complaints. Have the CC&R Article, Section pointed out to you. You can then explain how you respectfully decline to 'comply' to nuisance complaints.

Well-I dealt with that kind of crap with the "RETALIATION" of getting out in the "hood with my truck and my trusty CAMERA shooting pictures of MY house while on foot and in front of the "BUTTWIPE" who was so proudly HO'a KING! Pissed him and his stupid "wifie" off that I took pix of them, their house and the WHOLE neighborhood-THAT I used my truck for we have a LARGE neighborhood! I CANVASSED incessantly and let people "know" what was going on-WITH the HOA PUDS under their very own noses! Most people are lethargic and apathetic UNTIL the RED HOT POKER is heading up their own "@$$" I had to SHOW them I was ON top!That I meant BUSINESS and that I'd gladly take a good sized CHUNK out of them in COURT. GET BUSY!I gave my home number only-answering machine recording everything and I NEVER came to EVEN ONE of their "kangaroo" court meetings-I JUST picked up the phone and hissed "This has risen to the level of harrassment-we're hiring an attorney!" I told OTHER homeowners, similarly harrassed " if you need my pix-FILE a SUIT and I'll give you ACCESS to everything..."-if NOT-Then NOT! WW

I am in HOA hell. I moved in just a few years ago and besides 18,000 worth of upgrades, complaints are still coming in. I have so much stress! I don't know how to deal with it. I swear it is a regime! How do I get help?

Yank,

There should be a process, for review, that determines whether there is a violation or not. Based on this determination, if found to be in violation of said rules, then you can be fined. There should also be an appeals process. Most states have remedies for prohibiting fraudulent claims. Unfortunately, it takes three or four bad claims filed on you before you can get a ruling to go after the person / management company for damages etc.

Life is just one big bash

FLORIDA VIOLENCE.................I'm surprised that no tires have been cut, or windows busted out. Fear is the weapon being used. Maybe it's time to test their (board/mgt) cajones. In my HOA, there has already been one recent case of retaliation against another resident who spends all his time spying on others and running to the CAM with the dirt. Most of the residents and all of the board here are snowbirds. Those of us here year-round are the targets of the winter elitists. I wouldn't be surprised to see more violence here this year. Yea, we have those forms here also for neighbors to anonymously turn in their neighbors. With almost 600 units (mfg homes,ie trailers), these snowbirds act like their winter home is a Mansion. The sad thing is that the persecution of the lower class (me and the other year rounders) has become a grand sport. I'm an older fellow myself, but if I were younger and physically able, I might forget my childhood Christian training. I asked the CAM for copies of all the forms that were submitted by residents reporting violations and was told that they are confidential. I asked if they would be available under the FOI act. They said no. I wonder. Well, I check into the cyber citizens for justice www.ccfj.net and am reading the same things all across the country. I used to think that Alex Jones was a nut, but now, I find myself taking him a bit more seriously. When do people stand up and say "your laws are based on lies and they were not made to benefit Americans, so they are unjust and they are void. I will no longer submit. Unfortunately, there is a large reserve of freshly trained reservists who have a lot of recent experience fighting against civilians, and will do ugly things when ordered even though they know in their hearts that is is criminal. I'm glad I will be dead soon. I am ashamed of my country for allowing the thugs to do what they are doing. By the way, how is your 401K doing?

I have thought it over and have decided to to set up a forum where venting frustration is encouraged. Letting go of anger is good. Try it. www.MadAsHell.lefora.com is that place.

Yes, the management can do that however it has to say who saw what, when and where by law.

Secondly, if your community has that many foreclosures and short sells they are trying to generate income to prevent increasing dues by 20% or more.

I have come to the realization that it isn't the board in some cases. Actual very few cases. However, the city said ok we will let you build but you have to make it a HOA community. The builder agreed so now everyone is stuck with it. Unless your lucky enough to not have common grounds to disolve the associaiton.

However, you have to realize that the HOA has one source of income and one only. Dues! When foreclosures and short sells consume most of the community the dues paid by the remaining aren't enough to cover obligations. At this point you have two choices stop paying for some services or enforce the rules. Due to the size of your community it is much easier to call upon other owners who may be out and about to report them. The otherside of this coin is if they you have documented proof where they haven't been enforcing rules then you can use that as leverage. Once they stop enforcing it and it becomes the norm it is no longer an enforceable rule.

AZ doesn't regulate HOAs enough in my opinion. They are very political but refuse to view them as a quasi government body. When in fact they are very much so, some associations in as have a Land Lease Dues plus regular dues. That just amazes me. Can you say kick back.

Back to the subject. Yes, they can do it and one Management Company APM has even put flyers in one Scottsdale community a long time ago saying that they would pay an owner who reports another owner. Doesn't promote a sense of community does it? It causes tension and bad feelings between owners. Not a good situation.

You may suggest that for the board to call a special meeting of the owners that remain to discuss the situation. If you have to suggest that all the remaining owners become board members so you can discuss specifics. Knowing who is in what trouble and then as a rational group you can determine how to get by. The problem is when one doesn't pay dues everybody that remains has to make it up somewhere. Most likely it is comming out of the reserves. If that is the case be prepared because somewhere down the road you will get hit with a special assesment. Discourage taking out a loan if possible.
Here's a good thing to do every now and again. Request the most recent monthly financial statement. Find out if your hoa is in financial trouble or are they just trying to fund a project. One thing to watch out for on the financials is if your Management company is like mine. The balance sheet and the budget comparison will not show transfers in and out of the reserve fund or checking accounts. If they don't as an owner you have the right to request a print out of the general ledger accounts for both the checking and reserves. If you do that search through the first part of the ledger and find any checks or deposits that say transfers. Then either add them back into your acutal income or expenses to get the true profit/loss for the year to date figures. Transfers out of the checking are most likely reserve contributions and transfers into the checking should be repaying for expenses if your hoa pays for reserve expenses out of the checking account. You will see if that is the case because at the bottom of the budget comparison it will say something like long range reserve expenses or reserve replacements etc. If you don't see that and you see transfers into the checking account you need to ask and your hoa is most likely having trouble meeting expenses.

Hope this helps I know it isn't exactly what you were getting at. But given the state of hoa's in the valley it is most likely what is going on. If your a non profit you can suggest generating income by allowing vendors to buy ad space in your newsletter.