Is there a HOA lawyer in the house?

#26
#26
NEVolFan said:
I wonder about them as well. Our HOA here is only 100.00 per year and in Montana everyone has a boat or camper. So driveways are full of outdoor gear... even though the HOA says it needs to be hidden out of view.

I misplaced my HOA bill last year and they sent another to me with a stern warning they would get legal with me and file a lien against my house if I did not pay on time.

I get invites to the yearly meeting of the HOA... never go, and likely better not as well.
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Filing liens against homeowners was fun, always loved those phone calls :)
 
#30
#30
volwindy said:
OP I will say no attorney is going to take this case for you. You might see it as a lot of money, buy attorneys at this point won't and will charge you at an hourly rate likely $250+.

You and your plumbers that have come out have said it is the builders fault, so of course the hoa will take this position.

I think your best bet is to go to the board and request to remove the tree. If you can show it is causing damage to your home and they deny you the right to remove the tree and it causes more damage, then you'd likely have a case.

Just because they handle things one way for one homeowner, doesn't mean you will get the same treatment. Plus that was many years ago, and they may have changed their bylaws since then to change their language after they had to pay out for your neighbor and maybe others.
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Thanks. Not what I wanted to hear but it makes sense.

I was pretty annoyed earlier over all of this, but it is what it is. Really regret buying this house based solely because of the HOA - that I pay 220 a month, mind you.
 
#31
#31
This same thing happened to my sister. They had to take down the tree and actually remove the entire root in question. The county backfilled the giant hole with gravel then finished with topsoil and seeded.

I'd hire a tree removal service to remove the tree and don't ask any damn body for permission to do so.
 
#32
#32
Coug said:
This same thing happened to my sister. They had to take down the tree and actually remove the entire root in question. The county backfilled the giant hole with gravel then finished with topsoil and seeded.

I'd hire a tree removal service to remove the tree and don't ask any damn body for permission to do so.
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If there wasn't an HOA, I would do this. But I'm sure the HOA would penalize me for removing the tree and I'd have to pay to replace it.
 
#33
#33
HoleInTheRoof said:
If there wasn't an HOA, I would do this. But I'm sure the HOA would penalize me for removing the tree and I'd have to pay to replace it.
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And that is why I would never buy a house in an HOA neighborhood. I can understand requiring that everyone maintain their property, but everything beyond that is petty and ridiculous. There is no logical reason why everyone should have to have the exact same trees, or mailbox, or blinds in the windows.

I have no desire to live in some Orwellian neighborhood where every single house is identical.
 
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#35
#35
The Home Owners Association is a group of which you are a member. I fell asleep in an HOA meeting and became on officer a few years back! The main point that most of the owners could not grasp is this is not the developer or the builder after the 1st year, its the home owners group managed by the developer for a period of time. Its a non-profit corporation with officers who make decisions but all funding comes strictly from fees collected. The general responsibility in a condo HOA is the unit owners are responsible for interior repairs including plumbing and electrical while the HOA takes care of the exterior and roof plus common areas. Lawyers hate to sue non-profits because they don't have deep pockets usually and the developer/builder are well shielded from liability. Generally the Maintenance Fee covers the unit replacement cost/liability insurance, garbage collection, street lights and landscaping. They should be adding to the Maintenance Fee to create a reserve for repairs but most do not. The main thing to remember is all funding for any repair comes from the MF fund that you contribute to.
 
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#36
#36
MyBloodRunnethOrange said:
And that is why I would never buy a house in an HOA neighborhood. I can understand requiring that everyone maintain their property, but everything beyond that is petty and ridiculous. There is no logical reason why everyone should have to have the exact same trees, or mailbox, or blinds in the windows.

I have no desire to live in some Orwellian neighborhood where every single house is identical.
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I lived in one with an HOA, and sold and moved 5 years ago. Never again.
 
#37
#37
People's experiences with/without HOAs vary widely and depend a lot on the individual board members, the immediate neighbors and themselves. I still get annoyed when I get an HOA notice to address some petty issue, but on the other hand, if some neighbor always kept his bigass boat parked right in front of my house or let his lawn grow wild and junky or put giant political banners all over the front, I'd be even more annoyed if there were no HOA to rein that in.

HOAs are governed primarily by volunteer homeowners and they can be reasonable, invested residents or nosy busybodies or anything in between. Unfortunately it's the busybodies that often seem most inclined to get involved. The only way to counteract that is to get involved yourself. As long as you're reasonable.
 
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#38
#38
HoleInTheRoof said:
If there wasn't an HOA, I would do this. But I'm sure the HOA would penalize me for removing the tree and I'd have to pay to replace it.
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She has an HOA in the neighborhood she lives. The HOA isn't going to sue you or fine you just like they aren't going to pay to have your problem fixed. They don't have the money to do it. They can whine about you removing the tree after the fact but I guarantee you it'll stop there.
 
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#39
#39
pismonque said:
People's experiences with/without HOAs vary widely and depend a lot on the individual board members, the immediate neighbors and themselves. I still get annoyed when I get an HOA notice to address some petty issue, but on the other hand, if some neighbor always kept his bigass boat parked right in front of my house or let his lawn grow wild and junky or put giant political banners all over the front, I'd be even more annoyed if there were no HOA to rein that in.

HOAs are governed primarily by volunteer homeowners and they can be reasonable, invested residents or nosy busybodies or anything in between. Unfortunately it's the busybodies that often seem most inclined to get involved. The only way to counteract that is to get involved yourself. As long as you're reasonable.
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Why is that anybody else's business?
 
#40
#40
HoleInTheRoof said:
Best way to kill a maple? Copper nails work?



Solid idea. Considered something similar myself. Half cutting a small section of a metal pipe that is in the scrap pile in the machine shop here at work, and then just digging around the whole and trying to get it under the drive way on the hole.


Thanks to all who provided useful feedback.
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Drill some holes at the base of the tree into the heartwood. Fill holes with herbicide that kills woody plants like some 2,4-D or round up. Problem solved
 
#41
#41
Coug said:
She has an HOA in the neighborhood she lives. The HOA isn't going to sue you or fine you just like they aren't going to pay to have your problem fixed. They don't have the money to do it. They can whine about you removing the tree after the fact but I guarantee you it'll stop there.
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It depends on how on top of it the hoa is. Just like another poster stated, some do nothing, and some are on top of your every wrong doing. Especially if it is ran by a management company. In that case you can guarantee that they will fine for not properly getting approval, if it is not paid, they will then apply late fees and interest, then they would hire firms that I worked for to put a lien on the home until the fine and fees were paid. Plus now attorney fees (not charged to the hoa, all on the homeowner for the hoa taking legal action).

It's a mean game, so you can't say it would stop there when there are nasty hoa/property management companies out there.
 
#42
#42
volwindy said:
It depends on how on top of it the hoa is. Just like another poster stated, some do nothing, and some are on top of your every wrong doing. Especially if it is ran by a management company. In that case you can guarantee that they will fine for not properly getting approval, if it is not paid, they will then apply late fees and interest, then they would hire firms that I worked for to put a lien on the home until the fine and fees were paid. Plus now attorney fees (not charged to the hoa, all on the homeowner for the hoa taking legal action).

It's a mean game, so you can't say it would stop there when there are nasty hoa/property management companies out there.
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I'd take my chances. It's my house and my lot and I'm going to do what is necessary to maintain it and protect it. If they want to argue over a maple tree they can shove one up their ass.
 
#44
#44
Coug said:
I'd take my chances. It's my house and my lot and I'm going to do what is necessary to maintain it and protect it. If they want to argue over a maple tree they can shove one up their ass.
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Neighborhoods with HOA's operate a lot like the software industry (or any IP like movies and music), you don't actually buy the product, you just purchase a license to use the product in a specified way. Any deviance from the accepted parameters of use (the EULA) is grounds for a termination of your usage agreement.

What volwindy described above (escalating fines, fees and liens) sounds almost exactly the same.
 
#47
#47
I'm not a lawyer. But if this has not been asked, the first step is to find out what the HOA is responsible for. I have an HOA, but they only cover common grounds and mowing. Our home is written as a standard homeowners. So water backup endorsement would be needed for coverage to exist.

If you are looking for restitution, you have a better chance of suing the previous owner. I'm willing to wager they knew about that issue and didn't disclose.
 
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#48
#48
Moved to a new sub... 17 lots here, upscale. I asked about HOA when I moved in... no meetings in last 3 years. Then I heard the dirt about how they handled requests and property upgrades by the residents. The HOA pres stuck by the covenants verbatim. No wiggle room... but he has 2-3 violations visible in his yard. He responded, I'm grandfathered in, you are new here and you are not grandfathered in. Well, that did not sit well with one neighbor, and he lawyer-ed up, and fought him... eventually he just did what he said he was going to do, and the pres. backed off.

Recently, they had an HOA meeting... 6 of the 17 owners showed up. Most of us did not get a notification. They had elections, laid out plans for spending the HOA funds. When I heard about this meeting I was pizzed... and that got around. The new pres just said, eh... not a big deal. So, tonight I got a letter with the minutes of the meeting, detailing the plans for the year. I just sent back an email asking the pres and new pres to consider inviting all residents to the next meeting so we can be involved and voice our opinions.

That quickly triggered 2 additional responses so far, supporting the idea of having a new meeting, new election with all interested folks invited.

Should be interesting moving forward...
 
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#49
#49
Pro tip : When installing sewer or septic lines sift some NaCl ice melt in with your first backfill lift.
 
#50
#50
Coug said:
She has an HOA in the neighborhood she lives. The HOA isn't going to sue you or fine you just like they aren't going to pay to have your problem fixed. They don't have the money to do it. They can whine about you removing the tree after the fact but I guarantee you it'll stop there.
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This. I am part of an HOA board. We don't have the money to pursue certain actions that violate the bi-laws. Only those that devalue properties (crazy paint colors, fences violating bi-laws, parking in yards, etc). I understand the hate for HOAs, but being a member of an HOA board is a thankless job. Members of the neighborhood complain and complain about the silliest stuff, they ask for the moon, but no one wants to raise their monthly or annual dues to pay for things, just as what the OP is mentioning. The bi-laws are the governing principles of what the HOA does and what you get for your dues. Our dues mostly pool maintenance (which is extremely costly to maintain); landscaping; and a few outreach efforts during the year (kids fall party and hayride; dumpster rental; and end of summer neighborhood party). The issue that the OP is mentioning is something that our city sends out notices stating that homeowners are responsible for and even provides opportunities to buy insurance to cover.
 
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