Comments on: HOA Infringement of Rights http://www.moundalexis.com/tm/2007/04/09/hoa-infringement-of-rights/ Rants and musings, without care for substance. Fri, 21 Nov 2008 09:38:20 +0000 http://wordpress.org/?v=2.5.1 By: ratrodsurfer http://www.moundalexis.com/tm/2007/04/09/hoa-infringement-of-rights/#comment-3733 ratrodsurfer Tue, 04 Sep 2007 13:21:54 +0000 http://www.moundalexis.com/tm/2007/04/09/hoa-infringement-of-rights/#comment-3733 Your HOA doesn't have the right to enter your home for an inspection without your permission. Even if they say they do have the right they do not. If you own your home, bottom line is if they do they have trespassed and you can file criminal trespassing against them if you have the guts to do so. It's called "right of quiet enjoyment" Call your HOA and ask who entered your home. If the individual on the phone will not tell you fill against that person. If you can get others to join you in filling you may bring the situation to a head and stop the illigal intrusion that they have given themselves the power to do. If you would feel more comfortable in doing contact an attorney. Good luck with your fight. Your HOA doesn’t have the right to enter your home for an inspection without your permission. Even if they say they do have the right they do not. If you own your home, bottom line is if they do they have trespassed and you can file criminal trespassing against them if you have the guts to do so. It’s called “right of quiet enjoyment”
Call your HOA and ask who entered your home. If the individual on the phone will not tell you fill against that person.
If you can get others to join you in filling you may bring the situation to a head and stop the illigal intrusion that they have given themselves the power to do.
If you would feel more comfortable in doing contact an attorney.

Good luck with your fight.

]]> By: theholyfatman http://www.moundalexis.com/tm/2007/04/09/hoa-infringement-of-rights/#comment-950 theholyfatman Wed, 11 Apr 2007 13:04:09 +0000 http://www.moundalexis.com/tm/2007/04/09/hoa-infringement-of-rights/#comment-950 HOA's are much more prevalant in the west; mostly in places where "Active Adult" communities thrive. There is an entire website deticated to the problems with HOA's and the neighborhood squabbles they have generated, mostly throughout California. If you regularly attend meetings and keep open communication with the BOD, you will be fine. It's those who choose to not keep watch who often get burned. HOA’s are much more prevalant in the west; mostly in places where “Active Adult” communities thrive. There is an entire website deticated to the problems with HOA’s and the neighborhood squabbles they have generated, mostly throughout California.

If you regularly attend meetings and keep open communication with the BOD, you will be fine. It’s those who choose to not keep watch who often get burned.

]]> By: Alex http://www.moundalexis.com/tm/2007/04/09/hoa-infringement-of-rights/#comment-932 Alex Wed, 11 Apr 2007 02:43:02 +0000 http://www.moundalexis.com/tm/2007/04/09/hoa-infringement-of-rights/#comment-932 Katie: No particular issue, but I read everything they send. I don't think they're inspecting my community this year, I think it's a three-year rotation. I do hope it's their inability to form coherent sentences. THF: One word for that... unreal. I don't think mine has degraded that much, yet. Katie: No particular issue, but I read everything they send. I don’t think they’re inspecting my community this year, I think it’s a three-year rotation. I do hope it’s their inability to form coherent sentences.

THF: One word for that… unreal. I don’t think mine has degraded that much, yet.

]]> By: theholyfatman http://www.moundalexis.com/tm/2007/04/09/hoa-infringement-of-rights/#comment-922 theholyfatman Tue, 10 Apr 2007 12:59:24 +0000 http://www.moundalexis.com/tm/2007/04/09/hoa-infringement-of-rights/#comment-922 HOA's are small totalitarian goverments that, if mismanaged, can potentially erupt into a situation that fosters neighbor disagreements, jealousy, and eventually greed. I've seldom heard of any that have been managed properly, mostly due to poor interpretation of the bylaws. I once had a property that was nearly a victim of a greedy condo association Board of Directors. I eventually found out that the board was comprised of two brothers and one business partner who were trying to buy the all units to eventually convert the building into an apartment complex. In order to get below market prices, they would raise the condo fees to outrageous amounts, wait for a default (even if it was less then 50$) accelerate the yearly fees and when the owner couldn't pay, they would have the lawyer sue and eventually foreclose on the property. I sold as soon as I heard that was the case. It was simply awful. HOA’s are small totalitarian goverments that, if mismanaged, can potentially erupt into a situation that fosters neighbor disagreements, jealousy, and eventually greed. I’ve seldom heard of any that have been managed properly, mostly due to poor interpretation of the bylaws.

I once had a property that was nearly a victim of a greedy condo association Board of Directors. I eventually found out that the board was comprised of two brothers and one business partner who were trying to buy the all units to eventually convert the building into an apartment complex. In order to get below market prices, they would raise the condo fees to outrageous amounts, wait for a default (even if it was less then 50$) accelerate the yearly fees and when the owner couldn’t pay, they would have the lawyer sue and eventually foreclose on the property. I sold as soon as I heard that was the case. It was simply awful.

]]> By: Katie http://www.moundalexis.com/tm/2007/04/09/hoa-infringement-of-rights/#comment-909 Katie Tue, 10 Apr 2007 03:29:56 +0000 http://www.moundalexis.com/tm/2007/04/09/hoa-infringement-of-rights/#comment-909 Before I say anthing else, I want to be clear that I agree that your HOA is rediculous and I think you're right to be upset. That said, I think the HOA just has problems saying what they mean. They don't enter the interior of your home for the inspection, so there would be absolutely no reason for them to enter the interior of your home to make a repair. By "enter the property", I think they're just referring to the exterior. Although, if they're trying to cover their rears in case of a trespassing charge, I wonder if there's anything in the by-laws or covenants about the landscapers being on the property? By the by, I'm curious... What was their issue this time? Before I say anthing else, I want to be clear that I agree that your HOA is rediculous and I think you’re right to be upset.

That said, I think the HOA just has problems saying what they mean. They don’t enter the interior of your home for the inspection, so there would be absolutely no reason for them to enter the interior of your home to make a repair.

By “enter the property”, I think they’re just referring to the exterior. Although, if they’re trying to cover their rears in case of a trespassing charge, I wonder if there’s anything in the by-laws or covenants about the landscapers being on the property?

By the by, I’m curious… What was their issue this time?

]]>