Posted on 06/27/2014 6:06:29 AM PDT by Enlightened1
Then don’t buy into a housing area with a HOA. Simple.
Well said.
Except the homeowner has bank statements showing regular automatic withdrawals of the HOA fees.
So the scam is being perpetrated by the HOA. It appears to me that they have rewritten their flag rules after losing the first time in court, then used the new rules to levy fines against the homeowner, applied his auto deducts to the fines and are now claiming he hasn’t paid his contractual fees so that they can strip him of his ownership rights.
It’s a scam alright.
720.304 Right of owners to peaceably assemble; display of flag; SLAPP suits prohibited.
(2)(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 41/2 feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association.(b) Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restrictions, bylaws, rules, or requirements of the association, one official United States flag, not larger than 41/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the United States flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents.
(c) This subsection applies to all community development districts and homeowners’ associations, regardless of whether such homeowners’ associations are authorized to impose assessments that may become a lien on the parcel.
(3) Any owner prevented from exercising rights guaranteed by subsection (1) or subsection (2) may bring an action in the appropriate court of the county in which the alleged infringement occurred, and, upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any homeowners’ association document or rule that operates to deprive the owner of such rights.
end snip
It is my understanding that an HOA can’t take the house, but they can prevent it from being sold/transferred to a new owner until the debt is settled. So, if this guy hasn’t paid his HOA fees, one it takes years to it to get to this stage and two he brought this upon himself for non-payment. Appears that it is not about the flag at all. If that were the case he could have switched it to a non American flag and then challenged them when and if they didn’t make him switch it.
Perhaps that is a good thing.
You who think this vet should lose his home over the stupidity of this are a bit draconian yourselves.
One really bad aspect of HOAs is that you MAY AGREE WITH PRESENT RULES, BUT THEY CAN CHANGE AT THE NEXT HOA MEETING.
My mother had a Lauderdale condo on the ocean, and when she bought it owner's could rent out seasonally, as that didn't cause too much coming and going of new people. But the owners who lived there year round changed it to no rental, period. My mother, on a very small fixed income needed to rent seasonally, was out of luck and had to sell.
vaudine
Unless it is by mutual agreement, this is what is wrong with our country. If we can't rely on each other's word (a contract) we are done as a civilization.
Is your son a defense attorney, but any chance?
“Is your son a defense attorney, but any chance? “
Or a democrat? (I know, I know. . .)
ANYONE who buys a home under a homeowners association has got to be a gluten for punishment. These association’s are run by little tin dictators who wallow in their own self importance and expect to be catered to and fawned over or you are on their shi* list.
We once lived in a bedroom community where all but two neighborhoods had HOAs.
They started as HOA neighborhoods, but the residents voted them out.
We told our agent we didn't even want to look at houses with HOAs.
It is getting harder and harder to find new houses that don't have them. You can't even buy a new house in the town I live in without having to sign away your right to free association.
Therefore, there are MANY unreasonable conditions set out in many contracts that are CHANGED from what has been SAID by only one word or small phrase. So although you may think caveat emptor always applies, as a matter of simple fact, it cannot always.
To say an unwary person must comply with the unreasonable because they signed on the dotted line is to give all the breaks to unscrupulous business people.
vaudine
He is an excellent defense lawyer. I facetiously say "he knows everything", because sometimes he gets a little pompous and acts like he does. As his mother, it is my job to let him know when he acts that way.
vaudine
He did pay his fees and can prove it. The HOA is applying his fees towards the fines they imposed for his alleged violations of HOA rules regarding the flag flying.
So it is kinda about the flag, but really about power. The HOA is trying to pull a fast one. If state law trumps HOA rules, then the fines are specious. Whoever runs the HOA just wants to force the guy out for challenging their authority. I suspect they are trying the unpaid fees ploy to distract voting HOA members because the only thing worse than a dictatorial HOA manager is a member who shirks the membership fees.
Then that is an open license to invalidate any contract. Do we want that?
Yea, just private property rights are so 18th century. You own the property, you SHOULD be able to do anything you want. If not, then you don’t own squat.
HOA’s should be illegal.
Read this whole thread and you’ll find many of them here.
If something has happened to the source of income of the buyer, and he/she can't pay, then something has to give--thus negotiations.
vaudine
Well, the negotiations are usually spelled out in the contract. In the case of a loss of income, usually a foreclosure on the home (after an extended time of due process - believe me.)
Make your offer subject to reviewing and approving the current HOA agreement during the attorney review. If the seller wants to sell, he will provide it.
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