HOA Problems

[Katsunaka]

Had a family member pass and he was fighting this HOA that in his words only wanted to buy his house to demolish it. I'm not sure of the specifics, in the middle of it now with the lawyer he hired.

I've spoken with them(HOA) about this, and they seemingly think that a house thats at a minimum of 50-60 yards away from them, and across a 4 lane road with center turn lane, is theirs and I should follow their rules.

My biggest issue is, I spent quite a bit of my nest egg paying this house off and I really can't afford a long drawn out fight with it. With my uncle dying, its made it a little more difficult, I'm sure but I really don't know. I do have a POA(signed prior to his death) and am the executor of the estate. Chase forced me into being the executor so I could attempt to buy the house from them.

Theres an upcoming court date regarding this. The lawyer feels theres a good case, I'm not sure since I lack any legal experience or knowledge.
Never been in a court before til this crap.

I have cameras and signs at the property that say you're being recorded and no trespassing but that hasn't stopped whoever this little fat bitch is who I can see drives out of that neighborhood into the driveway to specifically let her dog use the bathroom. Even with the driveway blocked, she drives through the yard anyway.

[vreihen16]

Is the property in question legally a part of the HOA? If not and you don't plan on living there or selling for a few months, a few dump truck loads of chicken manure on the front lawn near the road (but not encroaching on the road's right-of-way set back) will solve all of your problems.

In these parts, the owners of the former Woodstock 1969 concert site used to dump chicken manure all over the place every summer as hippie repellent.....

[chassis]

Sell the property and move on.

[Bc2005]

The HOA also has to pay lawyers to take legal action, so you should find out how committed they are.

Many HOA’s operate on a shoestring budget, so they do not want an expensive fight. If one member is putting them in a position where they have to spend a lot of money on a legal fight, other board members may not agree. Every lawyers fee they have is coming out of the pockets of the other homeowners.

What problem do they want you to resolve? Did your relative sign an agreement to join the HOA and comply with the rules?

[Maynard]

You have a lawyer and you are looking to us for advice?

In that case, trade the house in on the best M2 you can lay your hands on; then leave huge burnouts on the HOA's nice spiffy pavement.

[Greg_M3Comp]

If your house is actually part of the HOA, then you and your Uncle would have been required to read the HOA bylaws and sign a document acknowledging that you read, understood and will abide by those bylaws. This is required as part of the purchase. If you and/or your Uncle never signed that document, it would be strong evidence that the house is not part of the HOA.

[2000cs]

An HOA Karen was just fined by the judge for painting a house pink while the owner was away. She had sent multiple letters to the homeowner and he had notified her that his house was not in the HOA. She gets to pay to repaint the house and pay additional damages.

YT has several videos of HOA issues. Those are just entertainment. OP’s specifics dictate whether he has a case or must comply with whatever the HOA is requiring. And presumably that is why he has an attorney.

The only advice I’d offer is to be very aggressive. Take control and take the initiative to sue or whatever the attorney recommends. If you control the process and timing, you have a better chance of getting a good outcome.

Meanwhile the dispute can hang up the sale of the property, so quick resolution is necessary if you intend to sell. Again, to the attorney for actual advice.

[vreihen16]

.

[afadeev]

Originally Posted by Katsunaka

Had a family member pass and he was fighting this HOA that in his words only wanted to buy his house to demolish it.
[...] The lawyer feels theres a good case, I'm not sure since I lack any legal experience or knowledge.

Fact 1: You have a lawyer - follow his advice, not that of strangers on the internet!
Fact 2: FOA wants to buy the property, you seem to want to sell it. There may be a simpler solution to your problems outside of the court system?

HTH,
a

[Katsunaka]

Originally Posted by afadeev

Fact 1: You have a lawyer - follow his advice, not that of strangers on the internet!
Fact 2: FOA wants to buy the property, you seem to want to sell it. There may be a simpler solution to your problems outside of the court system?

HTH,
a

I figured Id ask here in case anyone else had dealt with a similar problem and might have some extra insight on something we're overlooking.

I do want the house, which is why I just paid it off to keep it.
3bed, 2 bath, 2 bonus rooms in the basement(can't be considered bedrooms without some emergency exit).

New electrical, plumbing, hvac, windows, and a former basketball gym floor throughout the majority of the house. Plus a 2 car garage with a lift, welder, and enough tools to be a pro on about 1.5 acres, plus a knee deep creek/river outback.

Finish the siding and throw on a new roof, pending an appraisal I feel it could be worth more than the 180k that the bank seemed to think it was worth.
Its why I easily paid the 45k that was owed on the house to buy it.

I'll see what happens in court. March 19th is the date.

To reiterate, this house was built in the late 70s early 80s. The HOA's whole neighborhood is less than 3-4 years old. Again its across the street, and down the road from the entrance to said HOA neighborhood. It was never apart and will never be apart of any HOA. I'd set the fucker on fire before I joined an HOA. The HOA is just seemingly picking on the house because if it wasn't there, itd probably be some kinda small park. I love the property, just not the old nags across the street.

[Ambrozie]

Originally Posted by Katsunaka

I figured Id ask here in case anyone else had dealt with a similar problem and might have some extra insight on something we're overlooking.

I do want the house, which is why I just paid it off to keep it.
3bed, 2 bath, 2 bonus rooms in the basement(can't be considered bedrooms without some emergency exit).

New electrical, plumbing, hvac, windows, and a former basketball gym floor throughout the majority of the house. Plus a 2 car garage with a lift, welder, and enough tools to be a pro on about 1.5 acres, plus a knee deep creek/river outback.

Finish the siding and throw on a new roof, pending an appraisal I feel it could be worth more than the 180k that the bank seemed to think it was worth.
Its why I easily paid the 45k that was owed on the house to buy it.

I'll see what happens in court. March 19th is the date.

To reiterate, this house was built in the late 70s early 80s. The HOA's whole neighborhood is less than 3-4 years old. Again its across the street, and down the road from the entrance to said HOA neighborhood. It was never apart and will never be apart of any HOA. I'd set the fucker on fire before I joined an HOA. The HOA is just seemingly picking on the house because if it wasn't there, itd probably be some kinda small park. I love the property, just not the old nags across the street.

Prepare a well-constructed flier or door hanger and put it on every house in that HOA

[RickFLM4]

Unless your uncle signed an agreement providing the HOA with a right to buy the property upon his death, or the house is built on land leased from the HOA, I don’t understand the problem. I’ve never heard of an HOA with the power of eminent domain over nearby properties.

I agree with the other poster who suggested relying on your attorney. We clearly don’t have all the facts and this sounds like a very unique situation.

[SwankPeRFection]

Sounds like you’re being bullied by some dumbass cunt who doesn’t know what trespassing on private property means and who thinks wherever she walks is her property. Cops should have been called each time she came onto your property. Simple as that. EVERY SINGLE TIME. And ask the cop to arrest her for trespassing and not to just ask her to leave. No excuse, no mercy… just arrest and move on. A few times of that or just once and she’s going to stop being a cunt.

[chassis]

Originally Posted by Katsunaka

Had a family member pass and he was fighting this HOA that in his words only wanted to buy his house to demolish it. I'm not sure of the specifics, in the middle of it now with the lawyer he hired.

I've spoken with them(HOA) about this, and they seemingly think that a house thats at a minimum of 50-60 yards away from them, and across a 4 lane road with center turn lane, is theirs and I should follow their rules.

My biggest issue is, I spent quite a bit of my nest egg paying this house off and I really can't afford a long drawn out fight with it. With my uncle dying, its made it a little more difficult, I'm sure but I really don't know. I do have a POA(signed prior to his death) and am the executor of the estate. Chase forced me into being the executor so I could attempt to buy the house from them.

Theres an upcoming court date regarding this. The lawyer feels theres a good case, I'm not sure since I lack any legal experience or knowledge.
Never been in a court before til this crap.

I have cameras and signs at the property that say you're being recorded and no trespassing but that hasn't stopped whoever this little fat bitch is who I can see drives out of that neighborhood into the driveway to specifically let her dog use the bathroom. Even with the driveway blocked, she drives through the yard anyway.

Did you sell the property yet?

[bosstones]

"It was never apart and will never be apart of any HOA."

There's a big difference between the meaning of 'apart' and 'a part', which is what I think you meant.

Hope this isn't protracted for you. As others have said, if the HOA has no rights to the land/property, then they are overstepping. It is likely someone there realized a property within view of theirs could not be controlled by their by-laws and thus could ruin the look of their sterile, homogeneous subdivision.

If you have evidence of one of their members specifically going out of their way to enact extracurricular activities on your property, have at it.

I've not dealt with this level of HOA fuckery but, having volunteered for the rules committee at my last subdivision, there are some real pieces of work out there. Some of the rules people wanted were:

• No pets. Mind you, the subdivision was 90+% full at the time and people had pets. They thought it would prevent someone from not picking up after their oet but failed to account for the other 2 subdivisions we were surrounded by.
• Kids can't play outside. The Earth would have imploded if a kid left a toy outside.

[TimmyTurbos]

Ask for a map or siteplan of the HOA property. They should have that I would think..HOAs are neighborhoods - I'm not sure about everywhere else, but where I'm from neighborhoods are not bisected by major roadways. If you can simply figure out their property lines that may give you all the ammo you need.. Also as someone else mentioned, have the HOA supply you with a copy of their signed bylaws by your Uncle or property owner.

[ezaircon4jc]

Originally Posted by bosstones

... but, having volunteered for the rules committee at my last subdivision, there are some real pieces of work out there. Some of the rules people wanted were:

• No pets. Mind you, the subdivision was 90+% full at the time and people had pets. They thought it would prevent someone from not picking up after their oet but failed to account for the other 2 subdivisions we were surrounded by.
• Kids can't play outside. The Earth would have imploded if a kid left a toy outside.

A couple of months after our 2007 wildfires we got a letter from the HOA during a Santa Ana for dirty garage doors (there was a "rules Nazi" on the committee). I didn't really care because they've overlooked many, many "violations" (must be room in your garage for 2 cars; we have 2-4 car garages). I did respond and tell them because the Santa Ana was kicking up all the ash from the fire a few months earlier, yeah, the doors were dirty and will stay that way until the rainy season. The rain did eventually clean the doors and I did nothing.