Homeowner association takes Guardsmans home

[Trieste]

I think you're being overly simplistic, Brandon, but that's often the case. It's the same concept as looking for a safe neighborhood. Now, Brandon, you may not have to worry overmuch about your neighborhood, but your needs are not everyone's. I (usually) live by myself, and you bet your ass the neighborhood is going to affect where I choose my apartment. It certainly would be more so if I were spending the next several dozen years' payments on a permanent house.

The key lies in moderation. For instance, I don't think the HOA had the right to tell my parents that they had to change the color of a house that could not be seen from the road OR any of the local houses. However, the chicken example is certainly acceptable.

The featured example at the top of the thread? Not moderation.

(Edit to note that I usually don't cohabitate, since 'I live by myself' is sorta deceptive.)

[Ket]

You're forgetting one key element. Your house and the land it sits on is not technically private property. There are easements that the municipality owns and possible grandfathered easements that belong to the properties around you. Until you've paid off any mortgages, the house structure belongs to the bank. The land belongs to the municipality. At any time they can claim a right to the property.

The difference is, you've invested money into the property which allows you to build structures (within zoning laws) and allows you to sell the property and structures on it to someone else for profit and to keep that profit. You are still required to abide by codes and regulations.

These codes and regulations are not meant to force you into conformity, they are there for the safety of all. It is a code violation where I live to leave uncovered standing water (such as bird baths or small kiddie pools with no filtration system) in your yard as it is breeding grounds for mosquitoes, which can carry all sorts of nasty bacteria and viruses that are transmittable to wildlife and humans.

You're not living alone out in the backwoods somewhere where what happens on your property doesn't affect anyone else around you. Codes and regulations, and the rules of homeowner's associations, don't just apply to one property, but to all - and for the good of all. They have their purpose. Yes, some are quite asinine and rather annoying, but this is where people need to stand up and have their voices heard, to make sure that the rules are just and fair to all, while still allowing people the freedoms that we are accustomed to.

[Brandon]

Maybe Im wrong here but werent we talking about homes/land that is fully paid off and in the complete ownership of the person/persons living there?

I also agree that moderation is needed. Conformity is one of the aspects law takes on without moderation just as freedom is one of the aspects of Chaos with moderation. As they say to much of anything can be bad for you. That includes philosophical aspects like law and chaos

[Lyell]

What I wanna know is why are these people screwing over other people that are trained to KILL? "Hmm, this guy is over seas fighting in a war that a lot of people think has lost it's meaning. How much more can we piss him off?" Sounds like a recipe for disaster to me.

[Ket]

Maybe Im wrong here but werent we talking about homes/land that is fully paid off and in the complete ownership of the person/persons living there?

You're forgetting one key element. Your house and the land it sits on is not technically private property. There are easements that the municipality owns and possible grandfathered easements that belong to the properties around you. Until you've paid off any mortgages, the house structure belongs to the bank. The land belongs to the municipality. At any time they can claim a right to the property.

Even if you've paid off any mortgages, the land your house sits on still technically belongs to the municipality. Municipality means the city or county that a person lives in. They have the right to eminent domain.

Not only that, but things such as HOA dues and Condo fees can be considered liens against the property, which work in the way that mortgages and other liens do, where in the case of default, the lien holder has a right to take the property in exchange for monies owed. So even if your mortgage is fully paid, you're still responsible for the HOA/CA dues monthly. 

As I stated before, there is the good side and the bad side to HOA's. Sadly, the bad side seems to be the larger side. The way to correct this, as I stated before, is for people to step up and have their voices be heard. HOA's are governed by state housing committees. There is always an avenue for complaints.

What I wanna know is why are these people screwing over other people that are trained to KILL? "Hmm, this guy is over seas fighting in a war that a lot of people think has lost it's meaning. How much more can we piss him off?" Sounds like a recipe for disaster to me.

According to the article, the HOA had no knowledge that the homeowner was in the military. Which wasn't their fault, as paperwork they had received was incorrect. Besides, just because someone is trained to kill doesn't mean that a person will kill. Especially over something like a battle with an HOA.

[Oniya]

According to the article, the HOA had no knowledge that the homeowner was in the military. Which wasn't their fault, as paperwork they had received was incorrect.

Not to mention the fact that they didn't bother to go knock on their neighbor's door.

[OldSchoolGamer]

When I'm in the market for a home, I will tell my Realtor to automatically strike ANY home under a HOA from the list of properties he/she presents me.

I'm interested in owning, not renting.

[Jude]

As a parent if you want to find a decent school district for your children you pretty much have to put up with the HOA--not quite so voluntary.

[Callie Del Noire]

According to the article, the HOA had no knowledge that the homeowner was in the military. Which wasn't their fault, as paperwork they had received was incorrect. Besides, just because someone is trained to kill doesn't mean that a person will kill. Especially over something like a battle with an HOA.

That's just it.  They DIDN'T do their due diligence. Several UNSIGNED for certified letters doesn't meet the criteria. And defense of your homes worth aside, I'm seeing a lot more abuses of HOA bylaws. The guy that bought the house for little more than 3 grand. I wonder how much competion he had for it.

[Trieste]

Chances are that she signed for them, then dropped them on the table and crawled back into bed. That's the image I got, anyway.

I found it shocking that a house that was originally 300,000 was sold for just over 3,000 at auction. Made me think I should look at foreclosure auctions or something if I ever want to buy a house. ...

[Callie Del Noire]

Chances are that she signed for them, then dropped them on the table and crawled back into bed. That's the image I got, anyway.

I found it shocking that a house that was originally 300,000 was sold for just over 3,000 at auction. Made me think I should look at foreclosure auctions or something if I ever want to buy a house. ...

They have to post the auction, if the laws are like they are in NC, BUT they don't have to do it too soon or in a very visible venue. Just a public one. The public MIGHT have access to a bulletin board in the rear of the county courthouse by the old coke machine leading down to the furnace access area but they don't all read stuff there.

I'm thinking that this DiSanti had some sort of deal going with SOMEONE in the HOA or auctioning group that kept things on the downlow.. since the full article says he got at least four other 'good buys' like this. And the slime VISITED the home and didn't tell her that she had been foreclosed (Incidently when she PAID the dues.. no one at the HOA mentioned it either)

[Ket]

In certain markets, you can get a really good deal by buying a foreclosure. You have to be careful though, as you are required to pay a certain amount up front, and then the rest within a certain number of days (typically 10). Also, the property may be in extreme disrepair and you'd still need to take out a mortgage to make it habitable.

But yes, there are ways you can buy houses mortgage free through mortgage or tax foreclosures. You just have to have the money up front and be able to bid against development companies and banks. Many times the bank makes a deal with the attorney doing the foreclosure and their bid is the only bid allowed, granting them the property.

Like Callie said, the auction is required to be posted, but it doesn't have to be in a spot where everyone will see it, just where every one can. Several companies here post foreclosure auctions in the major local newspaper, but many only post them in small business newspapers that aren't widely circulated. Technically, everyone has access to this information, but only if they go out of their way to find it.

[Torch]

In certain markets, you can get a really good deal by buying a foreclosure. You have to be careful though, as you are required to pay a certain amount up front, and then the rest within a certain number of days (typically 10). Also, the property may be in extreme disrepair and you'd still need to take out a mortgage to make it habitable.

I would also imagine that mortgage lenders would charge a higher interest rate to finance the purchase of a foreclosure. I'm not positive of this, but it would only seem reasonable, since it is a riskier transaction. Still, it might be worth it, even if you are paying several percentage points over the average.

[HockeyGod]

Jeepers, I liked this thread and went on vacation and now am backtracking. I wanted to point something out to people that are saying they only hear bad things about HOAs. I think we have to be careful not to fall under the social-psychological phenomenon of the availability heuristic - our sense of something is based on what we've perceived and not necessarily the reality. We hear generally the extremes of cases - the horrendous and stupendous. The most basic/common example of this heuristic is the fear of flying. The news reports plane crashes quite significantly, though flying in a plane is exponentially safer than driving in a car. I think the same thing could be happening here...

According to the industry association that oversees HOA management companies, there are over 250,000 HOAs in the U.S. and over 59 million people live in a home that is governed by an HOA. The vast majority would probably not take the actions this one has done.

On the flip side and a bit of sarcasm...We have an individual in our community that has racked up over $15,000 in unpaid dues...and she rents her unit! Another unit's garage is filled with junk and they leave their door open all the time. Don't forget the pack of dog owners that have turned one area into a dog park which now looks like polka-dotted lawn thanks to piss. Let's talk about the millions of people that aren't paying their dues, causing me to have special assessments. There are a lot of dead beat owners.

[Bayushi]

So now, because of your yahoo neighbor, YOUR right to sell your home is being infringed upon. And you can't do a damn thing about it. So you get to suck it up, watch your property value plummet, watch your investment go down the toilet, and you DID NOTHING WRONG. Sucks, huh?

People willing to sacrifice freedom for temporary security deserve neither and will lose both.
-Benjamin Franklin.

On the flip side and a bit of sarcasm...We have an individual in our community that has racked up over $15,000 in unpaid dues...and she rents her unit! Another unit's garage is filled with junk and they leave their door open all the time. Don't forget the pack of dog owners that have turned one area into a dog park which now looks like polka-dotted lawn thanks to piss. Let's talk about the millions of people that aren't paying their dues, causing me to have special assessments. There are a lot of dead beat owners.

That person would have $15,000 in dues even if she OWNED her unit.

Unless the HOA was the actual municipality, which collects property taxes, the HOA's should not exist. WHY should someone have to continue to pay for a property they already own?

Sorry, HOA's, regardless of their stated intent, sound rather shady. Especially the ones like the OP mentioned.

Safety? See the response to the quote above yours.

[Torch]

People willing to sacrifice freedom for temporary security deserve neither and will lose both.
-Benjamin Franklin.

That person would have $15,000 in dues even if she OWNED her unit.

Unless the HOA was the actual municipality, which collects property taxes, the HOA's should not exist. WHY should someone have to continue to pay for a property they already own?

Sorry, HOA's, regardless of their stated intent, sound rather shady. Especially the ones like the OP mentioned.

Safety? See the response to the quote above yours.

I find it terribly amusing that most of the folks railing away at the evil and underhanded HOA's are not homeowners themselves.

As Alex stated, 20% of Americans live in a community governed by a HOA. HOA's have been around for more than 50 years. The vast majority of them are not 'shady', rather they provide valued services and amenities for homeowners who choose to live within those particular neighborhoods. Are there 'shady' ones out there? Sure, just like there are shady doctors, lawyers, mechanics, etc. But most aren't.

If you don't like the idea of an HOA, there's a simple solution: Don't buy a home there.

[Ket]

On the flip side and a bit of sarcasm...We have an individual in our community that has racked up over $15,000 in unpaid dues...and she rents her unit!

Isn't it the owner of the home's responsibility to pay the HOA dues, not the renter? I used to rent a townhouse in a community with an HOA (who were quite wonderful people actually and even commended myself and my ex-husband for the help we provided the neighborhood in cutting down trees that had fallen on houses after a hurricane), and the dues were the responsibility of my landlord. I could not be evicted solely on the basis that she had failed to pay her dues (which were included in her mortgage, so there was no fear of that). Had she not paid her dues and they were to have started foreclosure proceedings, it became the homeowner's responsibility to ensure that I had somewhere else to go. On her own dime.

Another unit's garage is filled with junk and they leave their door open all the time.

I'm curious - does this affect you personally? I mean, is the junk causing a disturbance, such as over flowing into the street, attracting pests, producing foul odors, etc? If not, is it really that big of a deal? And has anybody asked them if maybe they need help organizing the junk? They could possible be at a loss as to where to start, as not everyone is skilled in the art of organization. A little human interaction can go a long way in the world, instead of just a stock letter saying "You're breaking the rules!"

Don't forget the pack of dog owners that have turned one area into a dog park which now looks like polka-dotted lawn thanks to piss.

Again - aside from the polka dotted lawn - the effect? Instead of complaining, what about compromising? My neighborhood did so with the city, and a tract of green land that sits on a street a few blocks away was turned into a dog park. The people who wanted it were required to raise the money to put up the fences (and they had to fit with the architectural history of the neighborhood, not just some old chain link) and to buy grass seed that thrives in heavy traffic and acidic environs. So instead of complaining, especially if this area is empty space, how about getting together with the dog owners and coming to some sort of agreement that will benefit all involved? The dog owners get a place for their dogs to socialize, and the community can set rules as to where that space will be and who will take care of it, fund it, etc.

I can understand both sides of the issue. HOA's can be great and they can be annoying. Home owner's themselves can also be great or horrid.

Diversify - learn not to just tolerate, but to live with others in an environment that is peaceful and enjoyed by all.

[Vekseid]

Isn't it the owner of the home's responsibility to pay the HOA dues, not the renter? I used to rent a townhouse in a community with an HOA (who were quite wonderful people actually and even commended myself and my ex-husband for the help we provided the neighborhood in cutting down trees that had fallen on houses after a hurricane), and the dues were the responsibility of my landlord. I could not be evicted solely on the basis that she had failed to pay her dues (which were included in her mortgage, so there was no fear of that). Had she not paid her dues and they were to have started foreclosure proceedings, it became the homeowner's responsibility to ensure that I had somewhere else to go. On her own dime.

I think he means, she's renting it out to someone else. That does create a conundrum.

[Ket]

I think he means, she's renting it out to someone else. That does create a conundrum.

Ah yes - then I could see where the issue is pretty deep. That's what I get for attempting to reply to a post at almost 1 am.