re: HOA neighborhood, what can they do?

Why do people agree to live in a HOA neighborhood and then complain about the HOA enforcing its rules?


I love my HOA. Keeps what trash that does move in from wrecking my property values.

I get that there are lots of things the HOA did not act on the way a reasonable person would expect.

But that isn't important. What matters is what the HOA thought about your project, and you could have cleared that up ahead of time.

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The property the fence is on is not community property. It is owned by me.

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If you can prove this by survey, you might well win in court. Give it a shot.

In fact, if you have a nutcase neighbor probably a good strategy would have been to tell said neighbor to complain to the HOA. Then the board might have been more sympathetic.

As the others say, a HOA is a very powerful entity...do yourself a favor and start making plans to move your fence.

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Some are, some aren’t

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I can personally attest to that. Lived in an older neighborhood for years, well kept, zero issues and dues were extremely modest (just to maintain the lakes). But....I own property in a gated community where one of Baton Rouge’s biggest shysters has taken over the HOA, and it is a nightmare. He totally destroyed the road with heavy equipment building his second MacMansion and now expects all the other property owners to replace the road. Oh, and he owns a number of other lots in the development and exempted his lots from paying the special assessment. Yeah, he’d like to help.

funny some of ya'll are bashing HOA's but the most expensive neighborhood to live in in LA if not the entire gulf coast - has the most restrictive covenants around.....


Audubon Place..

You agreed to the HOA. Failing to follow the agreement is technically a breach of
Contract.

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I don't KNOW why so many people are slaves to HOAs.

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FIFY

HOA's are like the neighborhood bully. You have to be willing to hit back hard, and then they leave you alone.

Mine got pissed because I put an antenna on my roof. It was against the covenants, but the covenants were in violation of federal law. I kept telling them to leave me alone about it, but they pushed forward with a daily fine of $75 a day until I would take it down. I let them do this, refused, citing that it was against federal law by certified mail, which I had notarized for validation. They pushed forward, and even sent a notice out to the entire HOA community threatening similar action against anyone else that dared to do this, mentioning me by name and my property address.

When I finally had accrued almost $7000 in fines, they sent me a certified demand letter citing that I had 10 days to pay or a lein would be placed on my house. I replied back by certified mail that they did so at their own peril.

In 11 days, a lein was filed on my house, and so I then went to my attorney, who had been advising me all along, and gave him the go-ahead to file suit against the HOA, citing the filing of a malicious lein, slander and violation of federal law in regards to the antenna. I initially sued for $500k.

Once served, they finally got it. They had been acting all on their own, with no legal counsel, and I forced them to pay an attorney to tell them they fricked up. They settled with me for $75k and attorney's fees.

A few years later, they tried to pass a change to the bylaws without a meeting notice, a quorum or a vote of the homeowners per the existing requirements. All it took was the mere threat that I would sue them if they didn't rescind what they did illegally, and they corrected themselves.

Know the law, know your CC&R's, and stand up to these bullies.

Sounds like the developer has plans to make money off the pond some kind of way, and needs to get rid of the fences to make room. I'm guessing his plans are not good news for you.