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Homeowners association strikes again

chaosof99chaosof99
edited June 2010 in News
I was just told about this story. Basically the wife of a deployed soldier misses two dues for the homeowners association. The HOA proceeds to foreclose on the home and sell the house, despite the house being entirely owned by that family.

How in the nine fucking layers of hell is this even remotely legal?
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Comments

  • AprecheApreche
    How in the nine fucking layers of hell is this even remotely legal?
    HOAs are bullshit. Never live in an HOA under any circumstances. I wouldn't live in a mansion that cost $1 if there was an HOA involved.
  • RymRym
    HOAs are bullshit. Never live in an HOA under any circumstances. I wouldn't live in a mansion that cost $1 if there was an HOA involved.
    The main reason I considered that house in Beacon was that it was not in any way subject to an HOA. The neighbors kept chickens.

    I was very clear with my real estate agent that any form of HOA or deed restriction was a 100% dealbreaker.

    Fuck HOAs.
  • AprecheApreche
    Fuck HOAs.
    They should be illegal. If you own property, nobody should be able to tell you what you can or can not do on or with that property without an actual law.
  • CremlianCremlian
    Yea, I always viewed the Local government level as a "HOA" since they deal with most of the ordinances that effect people who live in their township/borough/whatever. It seems to be that HOA's are redundant. Also these things need to have public numbers, I have a condo association next to me that I need to remove a tree that will eventually fall on my garage.... but I have no way of figuring out who the head is without knocking on doors.
  • OmnutiaOmnutia
    I hope someone sues those people into oblivion, or at least disbandment.
  • NuriNuri
    It's legal because it's in the terms a contract made between the owners of the house and the HOA. Whether or not that contract is valid and enforceable, I'm sure the family will find out soon enough.
  • RymRym
    It's legal because it's in the terms a contract made between the owners of the house and the HOA.
    The sad thing is, usually they're part and parcel with the deed to the property, and most people buying homes don't understand what it really means.
  • NuriNuri
    It's legal because it's in the terms a contract made between the owners of the house and the HOA.
    The sad thing is, usually they're part and parcel with the deed to the property, and most people buying homes don't understand what it really means.
    Which is why you get a lawyer to buy a house, or to commit to any big contract. It is the lawyer's job to explain the relevant bits to you. These people agreed to this contract when they bought the house if the agreement was part of the deed, and if it wasn't part of the deed, they agreed to the terms when they started paying dues.

    There's a possibility that the terms could be found unconscionable or something. I'm not gonna get into all of the ifs. The bottom line is that once you're in a contract, it is infinitely more difficult to get it changed or invalidated than it was to set the terms correctly at the outset. Just don't fucking buy a house without a lawyer!
  • RymRym
    The bottom line is that once you're in a contract, it is infinitely more difficult to get it changed or invalidated than it was to set the terms correctly at the outset. Just don't fucking buy a house without a lawyer!
    In my experience, lawyers don't mention the HOA except to point out that it's there, and home buyers don't really understand what they are and don't ask. They can't afford to not sign, as HOAs dominate almost all of the available houses in many areas, so they are completely unaware of the ramifications. There are entire cities and towns that are impossible to own homes in without becoming party to some form of non-negotiable HOA.

    You're right, in that it's a willful contract, and that they should understand what they're signing, but most people really don't have a choice from any practical perspective.
  • AndrewAndrew
    edited June 2010
    Do HOAs own large areas of property? How exactly are they allowed to force membership into housing contracts?
    Post edited by Andrew on
  • theknoxinatortheknoxinator
    edited June 2010
    Just curious. I know nothing about owning houses, as I don't plan on doing so for a few years. Are HOAs generally tied to the houses or to the land? My guess is the land, but it would be nice to be able to sidestep the whole thing just by building your own house.

    EDIT: Hmm, someone else beat me to it.
    Post edited by theknoxinator on
  • RymRym
    edited June 2010
    Do HOAs own large areas of property? How exactly are they allowed to force membership into housing contracts?
    They're usually tied to the land deed. If you buy land subject to one, you are required to be a member of the HOA, and are subject to its rules. They usually have the ability to take away your land if they so desire, so long as they follow their own rules.

    Basically, most HOAs are actually run by old busybodies and people who don't have jobs and sit around their houses all day with nothing better to do. They use their power to nitpick about neighbors' blinds or cars in driveways. Imagine giving authority over your own personal land and house to the most annoying, intrusive, vindictive, and petty of your neighbors, who will have the weight of the law on their side and few restrictions as to what they can do. Want to take the HOA over yourself? Get ready to skip work and waste your time fighting old people with infinite time resources and nothing better to do.
    would be nice to be able to sidestep the whole thing just by building your own house.
    Nope. The land is subject, regardless of what you build on it.
    Post edited by Rym on
  • CremlianCremlian
    HOA's suck but it's not impossible to find a house that doesn't belong to one.
  • RymRym
    HOA's suck but it's not impossible to find a house that doesn't belong to one.
    Depends on the town. There are towns around Beacon where 100% of the residential property within the town limits was HOA. This is most common in subdivision cities. Older places with older homes tend not to have them. Close-in suburbs to major cities also tend not to have them.
  • ChurbaChurba
    They should be illegal. If you own property, nobody should be able to tell you what you can or can not do on or with that property without an actual law.
    They're not illegal here, per se, but legally, they have no power whatsoever, exept what they can claim by peer pressure and harassing the local council/police as a group, and joining them is entirely optional.
  • chaosof99chaosof99
    Apparently they got their house back.


    In other news, "Homeowner wins right to park truck in his own driveway".
  • MattMatt
    For the first time in the 2 1/2 years since I have lived in my townhouse complex, I got an email from the homeowners associate (advertising a bulk trash pickup day by the township). All 200 people in my community, all email addresses on the to: line. I swear to god if I get a "reply all" avalanche from this I am going to.... I dunno get real mad and write a nasty letter that will be promptly ignored and/or laughed at. But I'll FEEL better!
  • HMTKSteveHMTKSteve
    Is it possible to purchase property on the edge of the HOA and liberate it?
  • AprecheApreche
    For the first time in the 2 1/2 years since I have lived in my townhouse complex, I got an email from the homeowners associate (advertising a bulk trash pickup day by the township). All 200 people in my community, all email addresses on the to: line. I swear to god if I get a "reply all" avalanche from this I am going to.... I dunno get real mad and write a nasty letter that will be promptly ignored and/or laughed at. But I'll FEEL better!
    Just use a filter. Learn to use your GMail. If you're not using GMail, WTF?
  • AprecheApreche
    Is it possible to purchase property on the edge of the HOA and liberate it?
    If the property is in the HOA, you would need to get enough of the HOA to vote. So the answer is yes, if you can convince old biddies to let you play your rock music.
  • MattMatt
    edited August 2010
    For the first time in the 2 1/2 years since I have lived in my townhouse complex, I got an email from the homeowners associate (advertising a bulk trash pickup day by the township). All 200 people in my community, all email addresses on the to: line. I swear to god if I get a "reply all" avalanche from this I am going to.... I dunno get real mad and write a nasty letter that will be promptly ignored and/or laughed at. But I'll FEEL better!
    Just use a filter. Learn to use your GMail. If you're not using GMail, WTF?
    Yes this is also something I would do. Regardless of how easy and simple the solution to the problem they created actually is, I thought this thread was just for bitching about shitty things that HOAs have done, and I feel this qualifies.
    Post edited by Matt on
  • GreatTeacherMacRossGreatTeacherMacRoss
    My parents gave a giant STFU to the HOA of our old neighborhood after they entered our fenced-off backyard and attempted to tell us how to change the flagstone patio area and bushes. My dad stopped paying dues and because of the way the HOA contracts worked, they couldn't do anything about it. Also, we got practically nothing out of the dues and my dad in particular felt it was stupid to pay dues for people to hassle us for shit that didn't matter.

    I totally agree that HOA's are complete bullshit. There's enough that can be done with local law if someone is doing something that is a serious problem.
  • RymRym
    The sad thing is, HOAs would be fine if they weren't almost always run by out-of-touch old biddies, bored housewives, and annoying busybodies. Culture, especially for people like us, derives more from media and the Internet than it does from locality. As such, we have less common ground with many of the people who live next door to us than we do with people in this forum. HOAs give those people power over us, in a framework that excludes said power from anyone with a life.

    Imagine geektown, with an HOA that brought in community fiber and an arcade.
  • AprecheApreche
    edited August 2010
    Imagine geektown, with an HOA that brought in community fiber and an arcade.
    Knock Knock

    Hello?

    Hi, we're from the HOA.

    Oh, hi. What's up?

    We've noticed there aren't any loud noises coming from your garage lately.

    Yeah, my car is in there.

    So you're not doing any work on it?

    It's in perfect shape, why would I work on it?

    What kind of car is it?

    It's a Ford.

    You didn't build your own?

    Uh, no.

    And you'e not working on anything else in your garage?

    No, I just store things in there.

    I see. And your lawn is in remarkably good shape.

    Thanks.

    That's not really allowed around here. You're probably wasting water by sprinkling, aren't you?

    What business is that of yours?

    Also, there are no burn marks. You haven't tried to set anything on fire lately, have you?

    Why would I set things on fire?

    Also your bandwidth usage is really low. Are you pirating movies here or what?

    I don't pirate movies, I buy them on Blu-Ray.

    Yeah listen, you're hurting everyone's property values. There won't be such high demand among geeks to live here, if they find out that normal people are moving in. If I were you, I would get some scorch marks on your vinyl siding, and take apart an engine in the driveway, pronto. Some big ass antennas and dishes on the roof couldn't hurt either. Otherwise, you may soon find yourself in court.
    Post edited by Apreche on
  • JasonJason
    Really? Scorch marks and engines? That's what you choose?

    It would be more like: "Sir, you are required by the HOA agreement to have a 20-foot replica of either Mario, Samus, or Donkey Kong in your yard. I see only a 19-foot replica, and it does not bear an official Nintendo seal. Moreover, you have not blasted any Daft Punk in more than three days. Is Daft Punk Playing at Your House or not, sir? Are they? ARE THEY? Also, please incorporate more Japanese-styled designs in your landscaping. We require a coi pond, banzai, or neon flashing DDR machine post haste. Please remember that you agreed to these terms upon signing your mortgage."
  • RochelleRochelle
    I would totally want to live in that HOA neighborhood.
  • AprecheApreche
    I would totally want to live in that HOA neighborhood.
    So say we all.
  • RymRym
    edited August 2010
    I would totally want to live in that HOA neighborhood.
    And when you're old, the young kids will be wearing suits and playing "Excel" in the yard, while the hip neighbors you keep harassing express their youth by maintaining a meticulously groomed lawn, all the while complaining about our HOA.
    Post edited by Rym on
  • OmnutiaOmnutia
    edited August 2010
    Aside from being incredible nerds, there could be some real benefits to an HOA with limited powers that actually represented people. You could group together and get your utilities at a discount, encourage a sense of local community (Assuming your neighbours are worth talking to.) and pool things that are used rarely (E.g. Lawnmowers.).

    Also, for bringing down an HOA, I think setting up a forum for your area would be a start. You start by gathering the people with real jobs online then find a sympathetic oldie and use your votes to get him onto the council to represent you.
    Post edited by Omnutia on
  • Victor FrostVictor Frost
    edited August 2010
    I would totally want to live in that HOA neighborhood.
    QFT
    "Sir, you are required by the HOA agreement to have a 20-foot replica of either Mario, Samus, or Donkey Kong in your yard.
    I notice a distinct lack of a certain Sega character in that lineup...
    Post edited by Victor Frost on
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