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#1
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Recently I have received a completely unexpected letter from my HOA.
Personally I hate HOAs but I had little choice as most homes here in AZ are part of HOAs. I've lived in my community for about 2 years and have tried to maintain my property in reasonable condition and have not been fined. (I have been asked on rare occasions to take care of certain things which I have done promptly). Now a few months ago in late July 2006, part of my front lawn was starting to become brown. The HOA noticed this too and asked that I water the lawn properly. So I upped the watering duration significantly because I also thought it just wasn't watered enough. As this wasn't working, I later realized the sprinkler system itself needed to be repaired in several places as the water pressure and water spray just wasn't going where it needed to go. So at certain expense and much labor to dig up the lawn and performed needed repairs in late July just before going on vacation. Unfortunately I didn't turn down the watering duration. At the end of July/the beginning of Aug, I went away for a couple of weeks on vacation and when I came back the bermuda grass rapidly overgrew due to overwatering so I mowed it right away. I don't actually recall but supposedly I received a letter from the HOA on Aug 3 telling me to mow it which I did when I came back on or around mid-Aug or so. I figured that was the end of it for the next two months, everything was in order, the lawn was watered at the right amount and mowed when needed and I didn't hear from the f_ing HOA. Now TWO F_ING MONTHS LATER,the HOA is mailing me to fine me over not mowing the lawn and says I can request a hearing within 10 working days or I'll waive my right to be heard. IMO, it is outrageous because they are considering fining me over an issue two months ago that has been since resolved. The top of the letter readst: September 26, 2006 (my name and address) RE VIOLATION: Mow Lawn Origination Date: 8/3/2006 Why are they waiting two months to seek a fine over an issue that was resolved and that has not been an issue for the past TWO (2) months? While I understand the need for fines if an owner is just ignoring violations and not making a good faith effort, this was clearly not the case. I just happened to be on vacation and dealt with it as soon as I could and that should have been the end of it which I thought was the case. So now I can either ignore the letter in which case the board could fine me without a hearing and impose whatever ungodly amount they choose. Or I can request and appear at this "hearing" and things could get out of hand. I don't plan to be belligerent but if certain HOA members who I don't even know or care to know become assholes then I'm not going to be cordial in response either and things are likely to get ugly. What is the best course of action? |
#2
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Posted to misc.consumers.house.homeowner-assn,misc.consumers.house
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wrote
So now I can either ignore the letter in which case the board could fine me without a hearing and impose whatever ungodly amount they choose. Or I can request and appear at this "hearing" and things could get out of hand. The HOA hearing members might also agree with you and dismiss the fine. I do not think the HOA is necessarily being outrageous. Its job it to protect property values. When you bought your place, did you not receive documents describing the terms of ownership? Give the hearing process a chance to work. This process exists precisely for people who might have reasonable explanations/excuses and so should exculpated from a fine. |
#3
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Posted to misc.consumers.house.homeowner-assn,misc.consumers.house
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Elle wrote:
I do not think the HOA is necessarily being outrageous. Its job it to protect property values. The good part is that the property values are not determined by the HOA but the market. Since the market bubble is bursting all these communist HOA enclaves will go ****ting down. -Sub. |
#4
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No way would I ever buy into a home that had a HOA. Too many eunuchs
try to act like Mussolinis. Now with the housing down Ihopeany placewith a HOA has its value just dive!! Subcomandante wrote: Elle wrote: I do not think the HOA is necessarily being outrageous. Its job it to protect property values. The good part is that the property values are not determined by the HOA but the market. Since the market bubble is bursting all these communist HOA enclaves will go ****ting down. -Sub. |
#5
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Posted to misc.consumers.house.homeowner-assn,misc.consumers.house
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![]() I do not think the HOA is necessarily being outrageous. Its job it to protect property values. When you bought your place, did you not receive documents describing the terms of ownership? Give the hearing process a chance to work. This process exists precisely for people who might have reasonable explanations/excuses and so should exculpated from a fine. It is outrageous to me that they are sending out a letter on Sep 26 on an Aug 3 issue. The point of considering fines is to enforce rules on non-complying owners. I have fixed the issue as soon as I could and AFAIK have been maintaining the lawn in a reasonable condition for the past two months. To do this over an old issue is outrageous unless they are expressly trying to be punitive rather than threaten fines expressly to get people to get things done. There's no excuse I can think of for why they are mailing me about this two months later. |
#6
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#7
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Posted to misc.consumers.house.homeowner-assn,misc.consumers.house
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Banty wrote:
Request a hearing, explain to them what you've told us here. Do it calmly, and see if you can project an attitude that is cooperative, rather than hostile. Yes! kiss their asses that will help! Always keep kissing the ass in this nation of free and brave. We allow the torture now. I suggest that you videotape that hearing and you will mediately see the HOA assholes squirming. See what happened during my hearing and download the video clip at: http://woodsidevillage.ocsatire.com/...0162418710.htm -Sub |
#8
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Posted to misc.consumers.house.homeowner-assn,misc.consumers.house
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That tape was beautiful. HOA bullies just hate for their actions to
come to light!! Subcomandante wrote: Banty wrote: Request a hearing, explain to them what you've told us here. Do it calmly, and see if you can project an attitude that is cooperative, rather than hostile. Yes! kiss their asses that will help! Always keep kissing the ass in this nation of free and brave. We allow the torture now. I suggest that you videotape that hearing and you will mediately see the HOA assholes squirming. See what happened during my hearing and download the video clip at: http://woodsidevillage.ocsatire.com/...0162418710.htm -Sub |
#9
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Posted to misc.consumers.house.homeowner-assn,misc.consumers.house
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Request a hearing, explain to them what you've told us here. Do it calmly, and
see if you can project an attitude that is cooperative, rather than hostile. Which is pretty much what the letter is telling you... You haven't even talked with them yet, and you're flipping (or, shall I say f----ing flipping out) over this. You're in a neighborhood with an HOA, you knew that moving in. So calm down, and deal. Banty If they had sent this letter shortly after I returned from vacation I could understand because then it might look like I was just not taking care of things and they felt the need to threaten a fine to get things done. But two months seems ridiculous. The point of fines as expressely stated is to help enforce provisions not be punitive per se. Since the problem is no longer a problem for over two months, what is the point of fining me two months later other than to be assholes? There is no reason to be waiting two months over this. If the fine were quite modest, it would be better if I just skipped this "hearing" BS and just pay it cause I really don't want to deal with HOA bull****. But since the fine is unstated, I guess I have no choice because there is a risk that the fine could be outrageous and having to fight it after giving up my right to a hearing will be tougher. If I do go, then I won't obviously go in with an initially belligerent attitude. But if they start to act like assholes and not treating me with courtesy and respect, what then? There's no reason at that point to play nice at that point and I will want to do everything I can to destroy the HOA. As for being in an neighborhood with an HOA, I really had no choice because the vast majority of homes is in HOAs. I'm in it I don't have to like it nor do I have to like them. |
#11
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#12
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Posted to misc.consumers.house.homeowner-assn,misc.consumers.house
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In article .com,
wrote: Now TWO F_ING MONTHS LATER,the HOA is mailing me to fine me over not mowing the lawn and says I can request a hearing within 10 working days or I'll waive my right to be heard. IMO, it is outrageous because they are considering fining me over an issue two months ago that has been since resolved. 2 months is about right. It takes a month or so for the item to get on the agenda at the next meeting, and then maybe a 2nd board meeting 30 days later to finalize the action. -john- -- ================================================== ==================== John A. Weeks III 952-432-2708 Newave Communications http://www.johnweeks.com ================================================== ==================== |
#13
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Posted to misc.consumers.house.homeowner-assn,misc.consumers.house
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![]() John A. Weeks III wrote: In article .com, wrote: Now TWO F_ING MONTHS LATER,the HOA is mailing me to fine me over not mowing the lawn and says I can request a hearing within 10 working days or I'll waive my right to be heard. IMO, it is outrageous because they are considering fining me over an issue two months ago that has been since resolved. 2 months is about right. It takes a month or so for the item to get on the agenda at the next meeting, and then maybe a 2nd board meeting 30 days later to finalize the action. -john- -- ================================================== ==================== John A. Weeks III 952-432-2708 Newave Communications http://www.johnweeks.com ================================================== ==================== If you live in an area with a HOA that has requirements the lawn to be kept cut, then why didn't you make arrangements for it to be cut while you were away for "a couple of weeks?" If I lived across the street, I wouldn't want to be looking at your uncut lawn and perhaps there were complaints. Now you're all torqued up and seem ready to start a war, instead of simply going to the violation hearing, calmly explaining what happened and hoping for the best. If the problem has been corrected and you haven;t had similar issues before, they likely will drop the fine. I also agree with John above. Usually there has to be a meeting of a violations committee or similar to issue the notice. It hasn't even been two months from early Aug till now. Sounds about normal to me. |
#14
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Posted to misc.consumers.house.homeowner-assn,misc.consumers.house
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![]() If you live in an area with a HOA that has requirements the lawn to be kept cut, then why didn't you make arrangements for it to be cut while you were away for "a couple of weeks?" If I lived across the street, I wouldn't want to be looking at your uncut lawn and perhaps there were complaints. Now you're all torqued up and seem ready to start a war, instead of simply going to the violation hearing, calmly explaining what happened and hoping for the best. If the problem has been corrected and you haven;t had similar issues before, they likely will drop the fine. I also agree with John above. Usually there has to be a meeting of a violations committee or similar to issue the notice. It hasn't even been two months from early Aug till now. Sounds about normal to me. From 8/3 to 9/26 is pretty much almost two months or two months less a week if you want to be pedantic. The point is that it seems to me that almost two months is a bit long to be dealing with this matter. It should be obvious that in almost two months that the problem is resolved. To then send a letter on 9/26 when it should be plainly obvious simply goes beyond the bounds of why fines are assessed which is to compel compliance. The idea that it took almost two to notify me of this so-called hearing as normal I find to be ridiculous. If I had let the lawn go on being uncut, do you think they'd wait until now to act? The answer is obviously not. Think about it this way, if you saw my lawn across the street and complained and then saw that it was taken care of and several weeks later you're bringing up this issue and wanting me to be fined, then yeah I'd think you're being a jerk and an asshole. For me, if I saw, this I'd just let it go. For the HOA not to do this, then yeah, I have a problem with that. I don't buy that it took two months for them to act on it because it should be obvious that they would have acted much sooner if the problem persisted. That they did not act afterwards tells me they know it was resolved yet are insisting on penalizing me for a long resolved violation which I think should be reasonably understandle as unintentional and long since corrected. They simply refused to let it go and thus I can reasonably conclude that they are being jerks and assholes. You are assuming that the HOA will be reasonable and fair. I cannot go in with such assumption and have to assume that are the jerks and assholes that they apparently are. I need to be prepared to defend myself aggressively and be ready for "war" if it comes to that. It would be a mistake to assume the best of them. |
#15
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#16
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You're looking at it differently than they do, and likely your neighbors do.
You think: Lawn mowed, problem fixed, why am I hearing about it now, two months later. They think: There was a problem where the lawn wasn't mowed for some time, it took that member a long time to get around to it, and we don't understand why and don't want it to happen again. As I said, I can understand and appreciate that. But it wasn't an issue of not mowing the lawn per se, it was an issue of a broken sprinkler system that ultimately needed to be partially replaced. In any case, it isn't like I like let the lawn go for all these two years it was a problem just this summer with the sprinklers breaking down (which I didn't realize until I examined it closely). They don't know this but this is why the lawn was not in good shape. I did fix it before leaving for a couple of weeks but didn't realize that with the sprinklers working properly that the water duration was now too high. My problem isn't that they complained about it, my problem is in bringing it up two months later. I agree with the poster that said that the two month period is just the time it takes for the matter to be process. So, in that two months, should folks be able to do whatever, have an old car up on blocks in the driveway, fix it up, then say "what's your problem I removed the car", then do another violation, fix it up and say "go away HOA", etc. etc? The lawn problem wasn't for two months. It was for a 2-3 weeks problem at best with the sprinklers not working properly and me figuring out what was wrong and then fixing it. I suppose it might look like I was just letting it go but I was working hard to get it working and did. It basically comes down to whether two months is a resonable time to bring up something that has been taken care. In my mind, no, because if I saw a neighbor's lawn having problems, complained and then saw it was fixed for two months then insist on punishing that neighbor for a past violation that has been fixed for some time, that I'd be a jerk and an asshole for doing so. Well that's what it seems like they're doing. Maybe it just took a while due to bureaucratic delay to get to it. I find that hard to believe but since a couple of posters claim that's a strong possibility, I'l have to consider it. I've never been fined so I'm not the problem owner you think I am. Maybe all such fines do take a couple of months to process. But unless you know this to be the case or I know this to be the case, seeing something brought up two months later, you can see why it would seem egregious to me at first glance, that's my main point. In all likelihood they just want you do understand that they take the rules seriously, and your assurance that in the future you'll arrange for your lawn to be watched when your away. As I said, my problem was bring it up two months later. It isn't because they weren't right in complaining about the condition of the lawn. I was frustrated over it myself but it wasn't a matter of not doing routine work but a matter or the lawn sprinklers needing significant repairs. They simply don't understand the problems I was facing. If they do more, possibly it has to do with "rare occassions to take care of certain things" ih the past two years you referred in your original post. Really, most folks just follow the rules, that's the way to keep an HOA off your back. The rare occasions to take care of certain things is just that, rare. Its really unsual for someone to never get requests to do something, everybody does in every HOA. It doesn't mean neglect but means people have different ideas of what they think needs done. For instance I have a large jacurunda. One year, they send me a mail requesting I trim it cause they thought it was overgrown although some neighbors have ones just as large out front. I didn't think so but I did it promptly cause I would need to do it eventually anyway. This year I let it grow again to full size and no one complained (but this time around if they did I was prepared to fight them over it since I felt like my jacurunda looked fine fully grown and was no bigger than some neighbors) but without any request I myself thought it was time to trim it back so I did. It looks like the best thing to do would be to just explain the situation and hope for fairness and understanding. I can't assume that going in and have to be prepared to fight but I won't go postal either. We'll see what happens. |
#17
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wrote
You are assuming that the HOA will be reasonable and fair. I cannot go in with such assumption and have to assume that are the jerks and assholes that they apparently are. I need to be prepared to defend myself aggressively and be ready for "war" if it comes to that. It would be a mistake to assume the best of them. You sound mighty certain of the facts here. Given this, it seems like it would be a logical decision for you to pay a few thousand dollars and hire a lawyer. We sure need more litigation (and the prostitute costs that go with it) as opposed to regularly mowed lawns, that's for sure. |
#18
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On 30 Sep 2006 06:39:02 -0700, someone wrote:
Why are they waiting two months to seek a fine over an issue that was resolved and that has not been an issue for the past TWO (2) months? Probably took them that long to have their meeting and report back at the next meeting and meet to decide what to do and eventually they resolved to issue a fine. So what? Is there some kind of "statute of limitations" in the by-laws that they must cite you within a lesser period of time? File your appeal. Maybe the hearing officer will give you a break being that you are now in compliance. However it seems like you have a history of violations, which you are glossing over with excuses that they only had to ask you sometimes, and that you paid a lot of money to fix your sprinkler, whatever. Appeal or pay. Reply to NG only - this e.mail address goes to a kill file. |
#19
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Posted to misc.consumers.house.homeowner-assn,misc.consumers.house
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![]() Best course of action? Move to a place without an HOA. If that means leaving Arizona, so be it. Dimitri |
#20
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D. Gerasimatos wrote:
Best course of action? Move to a place without an HOA. If that means leaving Arizona, so be it. Dimitri Dimitri, judging from your name you are well trained to live in Bolshevistic system so the HOA may be like your home. -Sub |
#21
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On 30 Sep 2006 06:39:02 -0700, wrote:
What is the best course of action? Move! |
#22
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GWB wrote:
On 30 Sep 2006 06:39:02 -0700, wrote: What is the best course of action? Move! I love the free market economy because time to time there are crises and people are forced to move from their overpriced HOA ****ty dwellings. It is you GWB who will move soon. The HOA real estate bubble is bursting so start packing. -Sub |
#23
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On Sun, 01 Oct 2006 19:48:19 -0700, Subcomandante
wrote: GWB wrote: On 30 Sep 2006 06:39:02 -0700, wrote: What is the best course of action? Move! I love the free market economy because time to time there are crises and people are forced to move from their overpriced HOA ****ty dwellings. It is you GWB who will move soon. The HOA real estate bubble is bursting so start packing. -Sub Nah, I moved last year on August 29th. |
#24
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