On Tue, 23 Mar 2021 13:44:29 -0500, Jim Joyce
wrote:

On Tue, 23 Mar 2021 08:50:03 -0400, Frank "frank wrote:

On 3/22/2021 9:01 PM, wrote:
On Mon, 22 Mar 2021 17:19:52 -0400, micky
wrote:

In alt.home.repair, on Mon, 22 Mar 2021 06:14:57 -0400, Ralph Mowery
wrote:

In article ,
says...

The Montana Valley Apartments manager noted that the complex doesn?t
allow cars with rust, dents, flat tires, or bad paint to sit in front of
its complex. And while there?s certainly something to be said about
towing a car that?s been immobile for several weeks, tenants here are
arguing that the standards are entirely unfair because it doesn?t allow
them the time to get a repair?especially for people who are already
living paycheck to paycheck.

It is just the HOA mentality run amok.



If the people don't like the Apartment or HOA rules they should not be
in them. They can always move.

It's easy to move, isn't it? And doesn't cost any money.

For the two houses I have bought I always ask the real estate agent to
check to see if there are any rules or covents for the property other
than what the county has over all. Then put it in writing in the buying
contract.

I wonder what they call a 'dent'? Could it be a very small one such as
many cars have where some one parked next to them opens a door and puts
a small dent in it ?

Who knows? And if I understood the story, they only gave them a couple
days to fix their cars!

I think a court would throw out the whole rule, but normally for an
injunction you need a lawyer. I did it once myself and it took a lotttt
of time, and once it got started, I didn't know what to do for the next
step. I still forced new HOA elections, but it was not enough.

I believe the law in Maryland requires every group of houses, or condo
or co-op apartment built since 1970 or 80 to have an HOA. There was a
very good reason for the law but if one wants to avoid that he'd have to
living in a place more than 50 years old, or a home built individually.
Not too many of those around, and I think they are all very expensive.

I doubt the law requires an HOA but if you want the county to own your
roads the developer needs to cede over whatever property is required
for the right of way and build the roads up to the county standard
before they will take them. The only reasonable way to have private
roads is to have a legal entity such as an HOA to maintain them.
I bet the developers choose the HOA route. Most HOA property could
never come close to the county rules about rights of way and setbacks
and still be able to build as many houses as they want to build.
Condos and Co-ops are a different thing. Again, it is usually the
developer who wants it to be a condo. More money in it for them.
Otherwise they are just building rental apartments. You might have a
tougher time getting zoning for that.


I think that is correct. When we moved here there was an HOA set up to
maintain roads in our 20 home development. Roads did not meet state
standards with grade, no curbs or sidewalks or storm drains.

When I was president of the HOA I shepherded the take over of the roads
by the state by a quirk in the law. I figure I have saved residents
over $300 a year each. A friend is vp of his HOA and tells me of all
the problems they have to contend with which includes taking residents
to court for not paying fees.

Two moves back, I was in a neighborhood where the guy across the street
hadn't paid his HOA dues in nearly 15 years. Rather than take him to court,
the HOA just placed a lien on his home, updating it every year to reflect
the new amount, so that when he sells the home they get their money. With
no plans to sell, he figured the joke was on them.

I am not sure what state you are talking about but in Florida, if he
has a mortgage, the joke might be on them.
Their lien is subordinate to the 1st and other subsequent mortgages
and if they try to go to foreclosure, the mortgage company will bid
the outstanding loan value. There won't be any money in the pot unless
someone can outbid the mortgage company.
If it is a tax lien auction, everyone else's encumbrance is wiped out.
Usually again, the mortgage company will pay the tax to avoid that
process and foreclose on the mortgage.
I went through all of this trying to get the house next door. I had a
pretty good lawyer but not willing to spend enough money to outbid the
mortgage company for a tear down. They still ended up taking a $50k
bath and the other $20k in bad paper was just gone.
Some of it was voided anyway because there is a time limit on some
types of liens. Either foreclose within a couple of years or lose it.
Mechanic's liens are certainly that way. I don't know about HOA liens.
That was the only kind of bad paper she didn't have.