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HOA- Property Owners Nightmare
06/08/10 | M.Price

Posted on 06/08/2010 4:45:49 PM PDT by mprice0514

Is there anything you can do if HOA is not keeping up their end of the deal?


TOPICS: Business/Economy; Government; Politics; Society
KEYWORDS: hoa; irresponsibility
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Is there anything you can do if HOA is not keeping up their end of the deal? Can the neighbors vote to have the HOA disassembled? When I moved into the neighborhood, it was a gated community. The HOA dues were to keep the Gate and little portion of property mowed & maintained outside of the gate & to make repairs to the paved road when needed(has 8 houses, this has never been done). HOA dues are $350 a year, no pool nothing. That was the big attraction of me moving to this neighborhood is the gated community because I had small kids and I felt a little sense of security living in a gated community. I moved there in 2004 and the gates have not worked since 2005. I have had $1000's of dollars of tools, ATV's etc stolen from my so called gated community. My question is can the residents sue the HOA and ask that that it be disassembled?
1 posted on 06/08/2010 4:45:49 PM PDT by mprice0514
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To: mprice0514

You need to get an attorney. There is potential breach of contract issues.


2 posted on 06/08/2010 4:47:38 PM PDT by Thunder90 (Fighting for truth and the American way... http://citizensfortruthandtheamericanway.blogspot.com/)
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To: mprice0514

acronym?


3 posted on 06/08/2010 4:47:57 PM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: mprice0514

You signed up here to ask this?


4 posted on 06/08/2010 4:47:59 PM PDT by WhyisaTexasgirlinPA (I'd rather drink Tea than Koolaid)
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To: mprice0514

I can’t offer any help, other than to say that HOA’s are a huge headache, and I would never buy a property where I had to belong to one.


5 posted on 06/08/2010 4:48:30 PM PDT by passionfruit (When illegals become legal, even they won't do the work Americans won't do)
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To: passionfruit

Without an Lawyer you are up the creek.


6 posted on 06/08/2010 4:51:28 PM PDT by Gadsden1st
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To: mprice0514

Go to City Data Forum, find an appropriate section, probably legal, and post this question.


7 posted on 06/08/2010 4:51:53 PM PDT by anton
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To: mprice0514

The law on HOAs varies from state to state. Find a local lawyer that does free consults, preferably one who specializes in property issues. Not likely a contingency case so be prepared to pay a retainer.


8 posted on 06/08/2010 4:54:04 PM PDT by FreetheMarkets
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To: mprice0514

Don’t know your state. At my condo in FL the HOA is made up of residents that run for offices (Pres, VP, treasurer, Sec’y, etc.) If that is your case, run for office to fix things.

I doubt you could get enough votes for a recall with only 8 homes.

If the HOA is basically the builder, you could probably get enough PO’ed neighbors to file suit.

I would imagine the HOA has to send you financials, meeting minutes and goals. If not, request them. Then outline your complaints in a certified letter. Don’t say you’ll sue unless you have a majority of the 8 that support you.

I’m sure there will be more input coming!


9 posted on 06/08/2010 4:55:30 PM PDT by Bartholomew Roberts
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To: Bartholomew Roberts

Without an attorney,you’re DOA. Also with an attorney, it can be very expensive as they’ll use the dues to fight you. About all you can do is replace the board through elections.


10 posted on 06/08/2010 4:56:48 PM PDT by rstrahan
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To: mprice0514
There are only 8 houses in your gated community?

The short answer to your question is yes, it can be dissolved. The first step is to get a copy of the HOA's articles of incorporation or whatever they're called. They should include how to dissolve it. Generally you need something like 80% of the members to agree to dissolve. If there are only 8 houses in yours, that means one person can stop it.

The other idea is to find support to get yourself on the board. My father used to be the president of his HOA simply because no one else wanted the job. He soon found out why, when neighbors would call him to rat out other neighbors, who in turn would complain about the oppression. My father told them that those were the rules, and that if they wanted to vote to dissolve, he'd vote for it along with them, because he really didn't need this crap.

11 posted on 06/08/2010 4:57:39 PM PDT by Bubba Ho-Tep ("More weight!"--Giles Corey)
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To: mprice0514

Free Republic is not the forum for these concerns.


12 posted on 06/08/2010 4:58:20 PM PDT by ErnBatavia (It's not the Obama Administration....it's the "Obama Regime".)
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To: mprice0514

What the hell do you expect for 350 bucks a year good god some hoa’s charge that per month


13 posted on 06/08/2010 5:00:32 PM PDT by al baby (Hi Mom sarc ;))
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To: ErnBatavia

You are right.

Its the place to post pictures of Helen Thomas in a bikini.


14 posted on 06/08/2010 5:00:41 PM PDT by Bartholomew Roberts
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To: ErnBatavia

You’re correct. FR is the place for live radio threads so people can idolize radio talk show hosts in a slobbering fashion. /s

This thread bothers me a lot less than the Blog Pimps.


15 posted on 06/08/2010 5:01:42 PM PDT by Cyber Liberty (Build a man a fire; he'll be warm for a night. Set a man on fire; he'll be warm the rest of his life)
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To: ErnBatavia

He just signed up today how the hell was he supposed to know


16 posted on 06/08/2010 5:02:18 PM PDT by al baby (Hi Mom sarc ;))
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To: Cyber Liberty

I thought it was for cinnamon toast recipes


17 posted on 06/08/2010 5:03:08 PM PDT by al baby (Hi Mom sarc ;))
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To: Bartholomew Roberts

18 posted on 06/08/2010 5:04:30 PM PDT by al baby (Hi Mom sarc ;))
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To: mprice0514

did you run for the HOA Board?

The HOA must have elections or its illegal as far as I know


19 posted on 06/08/2010 5:05:49 PM PDT by GeronL (Political Correctness Kills)
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To: mprice0514
What do you think about Elton John singing at Rush's wedding. Kick ass, huh? Speaking of “kick ass’, how's Obammy?
20 posted on 06/08/2010 5:06:27 PM PDT by OwenKellogg (Don't Tread on Me)
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