How to fight your HOA and Actually win - Part 1
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- čas přidán 28. 08. 2024
- A must-see for HOA members who never had a chance to read or understand their association's bylaws, covenant, or CC & R. A simplified and entertaining video explaining every stipulation in your bylaws in a way that is easy to understand, better than reading a very long and very boring document that is full of legal terminology. Are you dealing with a Cynthia like in Geico HOA (Homeowner's association) commercial? Do you know that more than 90% of homeowners living in association-governed communities never had a chance to read their covenant and don't know what they got themselves into until they are already in trouble with their association? Do you have an intrusive, over-reaching set of board members or HOA president in your community? Do you have a community manager that send out violation letters like they are promoting a concert? Are you tired of getting one? Are you tired of being treated like a high-school student in need of supervision all the time? Do you know your right as a homeowner living in an HOA-governed community? Do you know your HOA legal options? This video will help you navigate and learn the ropes of living in an HOA community without the need to hire a lawyer to try and explain it to you or bail you out of your miserable situation fighting your association. This video explains why most homeowners are oblivious to the rules and regulations that surround HOA and fall victims to abusive community managers, HOA board of directors, and even the real estate developer and why current HOA in the USA needs reform. Stop HOA abuse and bullying. Information packed for new homeowners or unit owners living in condominiums or townhomes under HOA control.
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I hate my HOA
You are correct on writing to legislatures to change laws. I've spent time doing that this year in CA. HOA board members become arrogant and difficult to work with; their power gets to them.
Absolute power is corrupting. Our state laws need to change.
@@hoaholes9447 I have an issue to share how can I write to you confidentially? Thank you
Yes it does.
HOA officers dont want to mediate with Homeowners, they just want to take their houses with the help of their scum bag Management company and douche bag attorneys.
Friends don't let friends buy condos.
Thank you, the HOA epidemic. I’m cleaning my board and managing company.
When I was kid we lived in a condo that had an HOA. It was ran by only 3 board members and they were horrible. So my dad contacted a real estate developer who specialized in condo de-conversions. Condo de-conversion is when a condo building is converted to rental apartments. The developer ended up buying up 75% of all the condos, including ours, and forcing the de-conversion. The board members were fired and forced to sell their condos against their will. It was a brutal tactic but my dad got over the market value for our condo and he got to give the finger to the Nazi condo board in the most awesome way.
Oh, I love it!!!
You would not believe how bad my HOA is. It is so corrupt it's off the charts.
I would believe it, I manage one. I have one board so bad that people are moving out because of the president. The great political divide had a major affect on my career in Florida. They are all fighting. There is often one trump supporter to make everyone’s life miserable. You know things are bad when a trump supporter calls me to tell me the board President was too Trumpish lol. I may manage them, but I’m glad I don’t live in one. I love managing each community and helping the people. It’s not for profit. The only problem is when bullies get on the board and make everyone else quit. I hate that.
I bet mine is the worst! I just got charged $33k for a STR violations. Not sure how did they came up with this number 👺
Gosh, Anna and Kelly those are bad stories too. What are we gong to do about these HOAs?
@@cinnamontownproductions9620 I don't know, but we've GOT TO DO SOMETHING!!! This can't continue. Taking people's homes and money for EVIL'S sake has got to stop. Whatever way we manage to get it done, LET'S GET TO IT!!
I believe you
Hoa brought a lawsuit to my Mother in long term care on her final two years of life. Mom was never served, could not go to court. The Hoa got a substitution of service on my husband at her home. On a unproven bill of $6000.00 they took this to Civil Court for $30,000, now $40,000. If you don't know the mega legal laws or file the right Motions, you loose! The Hoa's have the power, protection of the laws, defending Attorneys, some Judges, due to ones ignorance of being able to defend! Nightmare!
My HOA is very vindictive. I have a newly renovated home which I had white siding installed... They created a rule to fine me $1500 a year until I replace it!!! Fyi, there were already 9 white houses before mines. Help me, I need a lawyer as they trying to steal my home
BUY A NICE HOME IN A NICE NEIGHBORHOOD NOT IN AN HOA!
Good luck with that. I put only 3 criteria into a search in my city; 2+ bathrooms, 1/2 acre of land and NO HOA. I got 33 hits. Out of the 33 hits, only eight did not already have contracts (Sept 2021). Of the eight, five were out of my price range, which left me with three options to choose from. If I repeat that for the surrounding area, moving away from my ideal location, I'm left with about 20 possibilities. That's not a lot to choose from.
The problem is finding them!!!!! I’d love to move!!!
I’m about ready to do that… sell my condo & find a house with absolutely no HOA, before such a thing , ( a house with no HOA) stops to exist
@@cristinadelafuente7212 You would be wise. We landed a brand new 4 acre home in a rural area that is now a haven for rich people wanting to live luxury style. And No HOA! There are covenants that run with the land for ten houses on our road but we examined them for any loopholes that could invite an HOA later and there are none. No common areas. No common roads. No dues. No one screws with us. We enjoy the views and if I want to let my stream bed get overgrown I let it. No games, no neighborhood committees, no meetings, no legal liability, no threats, just peace and total ownership. The new home developments coming into the area now all have HOAs (out in the country which is weird). Glad we got a new non-HOA home while it lasted. Still plenty of nice pre-existing rural homes without HOAs though. A little investment to remodel and you're in business.
I just recently bought a new home that turned out to have an HOA, even though the builders said their wasn't.
Anyway, I managed to be selected to be a board member as, per the bylaws, the builders have to elect homeowners to take control of the board once construction is finished and I volunteered.
I want to ensure the HOA is run in a reasonable and responsible way. Hopefully help reduce it's power as I am not a fan of anyone telling me what I can and can't do with my property. There are plenty of rules the builders have written into the cc&r, like the trash can visibility b.s. The other 4 board members are happy to have that rule, among many more rediculous rules that have nothing to do with property value.
I was hoping to get some tips on how I can approach my position of being on the board in order to help. I felt the only way to keep the beast under control is to be one a part of the beast. I know I'm going to be hated by many neighbors and I only hope to prove to them I'm on their side.
Be fair and reasonable. Don’t touch things that don’t belong to you, and most importantly; don’t become an A&@?%#.
In total HOA abuse hell.
I am so lucky to have the president of my HOA live behind me. She wants me to turn off my back porch light or put in a motion sensor light. I have light on that the builder installed. My yard is pitch black so I want my back porch light on at night, all night. I have already read the retrictive covanants and any amendments. There is nothing in there regulating times, wattage etc. I am fighting back hard
I would hate your light too. Only advice is to make sure you are pointing it down and not toward the house behind you.
@@thunkjunk How can you hate a light you have not seen. Its a regular porch light not flood light therefore I not able to point it in any direction. If people don't want to bothered by light then they need to move to a more rural area.
@@pamdesmarais1300Exactly! Plus that's not a reasonable request.
A previous owner had a rock wall built on each side of the driveway at the entrance in 2003. We are the third owners. Recently in 2021 we were given a notice to remove the front walls because they did not find any approval documents in their files. When we purchased our home in 2007 there were no encumbrances listed with our title company. Shouldn't the HOA site manager in 2003 have addressed the situation with the first owner over 17 years ago?
The HOA I am stuck in, is in city limits. And goes by city ordnance. Check the wording in Hoa Papers, people try to tell you want to do and it is not in hoa codes.
Thank for putting out good, straight forward information.
Watch out for Board member making deals. Money missing from contracts.
That’s weird. At least in Commifornia, Board members don’t touch finances. A Management company handles the money and the board treasurer keeps track of the financials. Management is audited once a year by third party co.
Thank you for this information
I have a question. I live in a condo gated community and my parking spot has a handicap sign on the ground and there’s a poll on the front where the handicap sign was removed so it’s a blank poll but the one on the ground remained and visitors with handicap permits keep Parking on my space and I asked HOA if they would paint over the sign and they said they can’t or won’t she told me to report the car to security but I still have to find parking somewhere else because the security guy isn’t going to remove the car... is there something I can do to get them to remove the handicap sign on the ground???
Truthfully, I don't know if this video actually helps anyone. It just seems to cover the same rhetoric that the HOA Promoters pitch on the internet. Here is the easiest way to fight your HOA and win. SUE THEM IN COURT. If you get a fine of any kind--write a formal letter to them requesting the removal of the fine, give them 30 days to comply. If they don't comply, sue them in court. Not small claims but Superior Court. Find organizations that can actually help you before you are in trouble. Hire a Private Investigator to do background checks on each board member and the HOA Attorney. Invest in self surveillance cameras on your home and cars. Be proactive in your self protection while living in an house within an HOA.
we are and it's costing a fortune The Directors has $$$$ of cash from the D & O insurance. You have NO IDEA
It’s not as easy as you say
You have obviously never actually sued an HOA. They can and do spend unlimited funds for their experienced attorney to kick your but for $5,000 to $15, 000 or more in attorney fees. It's nice you are a dreamer though.....
Good general information about HOA's but, there's nothing in here that's consistent with the title.
Realtors are required to provide CC&Rs. Operating rules define and clarify the CC&Rs. Managers should be assisting owners in compliance NOT fining owners. Additionally elections are held annually and laws are being changed to remove quorum requirements which are why elections usually go uncontested.
Let me know if you want to learn more about effective management. ❤
My HOA President sends about 5 emails a week, then accuses me of ignoring them if I don’t answer them within 2 days. I travel to other countries monthly for work, & I do not want to read his emails that basically are generated from him making mistakes or changing his mind on things.
I have asked that all correspondence by done through US Postal Service.
A lawyer said I have the legal right to do that. But he is still harassing me saying he does not have the time to send all correspondence through the Post Office.
Is he violating my rights?
Nothing on the CC & Rs states that I must have Email to correspond with
You don't have to give them your email address. Unless your declaration states that communications can be by email. Even so, until you disengage from HOA insanity, it's good to be in the loop on what they are doing. That way there are no surprises and you have a record of their communications -- although it sounds like it could be very frustrating and inconveniencing to have them sending out so many, frequently. They may be unintentionally or through negligence circumventing the By Laws, CCRs and your state's HOA law in terms of providing minimum notice, agenda, and a meeting opportunity. HOAs shouldnt be flown "by the seat of the pants."
My HOA is a nightmare in Oregon. They are trying to ram through a $45k/unit building envelope project.
interesting chanel thanks for sharing content.
I am trying to find out what obligation the HOA has to respond to my questions. I just moved into a new home. The HOA sent me a charge because of a "second violation" that was dated on the day we closed on the home. I have pointed out this error to them, but have received no response back. There must be some legal obligation that they have to respond to my questions, right?
Get involved show up at a meeting and you should get 3 minutes to voice your concern. I assume your HOA has a Management company that handle these type of issues.
Does HOA have responsibility to tell homeowner to trim tree because it is inherently danger ous and falling on the neighbors property and damaging or killing the neighbor
You shouldn't have to.. Move out never look back.. never move into a HOA property..
You mentioned the trash cans and having to have them hidden behind a screened or fenced area. Like most HOAs this is also a rule in mine.
It bugs me so much that they require this when an area such as this was not included in the building plans. With the way the homes are setup here you only have room on one side of the house to build an enclosure and if your neighbor has already built one on the side of their home you don’t have enough room to make one for yourself. Backyard is out of the question as well. Not to mention the cost to have something like that built just to hide the trash cans is absurd. I don’t mind hiding my trash cans, but with what we got to work with the expectations are a bit ridiculous.
I’m still storing my bins in the garage for now and I hate it so much. Nobody wants to store their stinky trash bins in the garage with trash sitting in it for a week. I’m going to figure something out though. Even if I have to build a section of fence directly onto my bin and store it in the little space I have on the side of the house, I will do it.
Never buy a house without reading the CCR's. Doesn't matter the excuse, NEVER buy without reading them first.
So with all these new rulings then how are HOA's still a thing? Two in point, the Supreme Court ruled you don't have to be part of a union to be employed by a company like UAW and GM. So if that is the case for employment then why do you have to join a hoa to buy a home? Point 2 the home builder association won against Fulton County for imposing housing restrictions on designs of homes, so if the county cannot put design rules one building then how can a hoa put rules on your flower garden as it is a expression of yourself?
I need a good GA HOA attorney if you know one to go over my covenant so we can know our rights as the idiots in the neighborhood failed to see a hoa is a business and thought it was a party electing a lawnmower repair man and a guy that cuts grass as president and vice president. The one with a MBA is secretary WTH
Does anyone know of any government grants relief program for hoa...I own a out 17 thousand 😢
I cant even buy empty land without HOA poking their nose in my business
I was told that I have to sell my car and pick a different one because it is over the height limit of 5 feet (there are no overhangs anywhere, parking is outside, no garages).
Sounds like socialistic communists
They can't write a contract that takes away rights that are already given by the government.
If it is a contract.. Do that means both parties to sign the contract?
When you buy into an HOA you give up your Civil Rights and your Constitutional Rights.....
Can anyone help me. I live in a two bedroom condos we can't use our air conditioning or washer and dryer. Or anything and all of our power bills a are about the same. Over a thousand dollars a month. And higher. We got electricions to look but they couldn't see a problem. I know people in 4 bedroom homes that. Use air conditioning washer dryer. And there's bills isn't half as much as ours. And there tiny condos I suspect the HOA. And they will not let use use solar panels or anything that will less the power bills. I've done a survey our condo pay 1000 to 2000 a month. And that not running our ac but the condos next to us that are 3 times bigger and older than our don't pay anything near what we do. Please help
Sounds like you are paying for another units electric bill. Or worst outside amenities. I lived in a unit that was suppose to be apartments with a manager's unit...I rented that space. I found out by accident that I was paying the electric bill for the washer and dryer and the hot-water heater located in a small building attached to the 'manager's unit". They place went condo, but this fact was never disclosed. I was a renter and moved.
I am headed to court in 30 mins! I was sick and in intubated for 6 months. I am being sued by my HOA for fees and delinquency. I thought that they would work with me like the mortgage company did. I am now going to have to pay 9,000$ and I only owe 975$. I need to sell my house so that I can pay them but they put a lien on my house while I was in the hospital. I asked for a copy of the covenant and they still have not given it to me. I am just going from bad to worse!!!
What happened with your case?
@@hchayes9431 The judge dismissed the case without prejudice. I found out that they are still able to open it up again. I am now trying to sell my house and purchase a knew house.
@@mackenziemosley7909 😅
NO. File a complaint with the Consumet Financial Protection Board and Consumer Affairs, State Governor Office and Attorney General
@@donnacollins8640 HOAs are EXEMPT from Consumer Protection Laws and conxumer Debt Collections Statutes. You sign away your Civil Rights and Constitution Rights when you buy into an HOA or COA. Welcome to REAL LIFE Donna!
I am stuck in the stupidest HOA ever. As I was lied to about the whole thing. Lets figure out how to get in contact.
The 1st thing to consider is how much you will pay in HOA fees over the time of mortgage or stay. If you live there 10 years & your monthly fee is $200, you will pay $24,000. 30 years is $72,000. Count the time you have used the amenities. Then divide. Rather costly, yes. Don't forget any fees if your gardener missed a weed; or you worked overtime an did not get your trashcan in/hidden before sundown. I grew up in a very nice looking neighborhood in "SoCal" California. I am 76. That neighborhood still looks great. I now live in another city in the High Desert of California. You need an HOA so you want have to live next door to a house with up to seven farm animals on a half acre lot and 5-6 cars & trucks in the front yard. This is legal here. Sadly, you can't win.
Why on so many videos is the narrator a computer voice. That loses me right out of the gate. It’s like it’s AI generated and therefore I don’t trust it. A computer voice is writing congress - yeah, ok
we want artificial grass in our backyard and HOA is denying it over and over..we have a lawyer and want to sue but then us suing HOA will cause the other residents to have to pay more dues so HOA can afford lawyer fees
I had an issues with my HOA when I first bought my condo. However, in contrast I had a neighbor that tried to bully me into buying a plumber for her when the issue was not coming from my unit in the first place. HOA intervened and shut her false claims down immediately. Thank god! She doesn't bother me anymore.
I've listened now to a lot of grievances with the HOAs. Can anybody here say anything positive about HOAs?
If you have enough money, keep your mouth shut no matter what and bow to the kings and queens on the Board everything will be honky dory.
That eventually we all die.
Our HOA Approved and signed our outdoor kitchen structure, the neighbor we hate and are extremely competitive with us complained, after the work was done and year later they CHANGED the CC&R'S to reflect the neighbors complaint. Another year later we get a letter saying if we don't remove it they will fine and levy our home. I'd like to know how to go after them without having to pay a lawyer
Your community doesn't and an arb? Did you have them put the approval on paper?
I sure hope that you have a copy of the SIGNED APPROVAL DOCUMENT. If you went through the proper process and got HOA Approval for your outdoor kitchen, they cannot legally change the CC&Rs to put YOU, in particular, in violation at this time. Your kitchen would have to be grandfathered in because they approved it under the old rules. What I'd do is hire an attorney and SUE the HOA AND THE NEIGHBOR FOR WHOM THE CC&Rs were changed. Once the HOA is served with a lawsuit and discovery of the hows and whys of the CC&R changes are made public, they will relent, leaving the nasty neighbor alone to face the "firing squad." But everything turns on whether or not you can produce a signed approval from the HOA. If you can do that, hiring an attorney is your next step.
Is there any way that I can connect with you and speak privately? This is JUST the kind of information that we are in need of! I’d also like to join in your efforts to lobbying & petitioning law makers. Please advise
Hi I am asking to get together with her Join forces Our HOA is from HELL and a group of us are forming HOA Homeowners Civil Rights Coalition
@@thevenetiancondossandiego906 how is this going?
I bought a condo and the board decided to create fines up to $500.00 after I purchased my condo. I live in NY. If these fines existed before I bought the condo I would not have purchased it. Is it legal to create new fines by the board and management company?
NO. File a complaint with the Consumet Financial Protection Board and Consumer Affairs, State Governor Office and Attorney General
I believe something that serious and divisive should have been voted on by the homeowners. Whether or not it is legal, it may be if there is an enforcement clause stated in the covenants and restrictions or Bylaws given to you when you purchased the property. You are free to organize a group of homeowners to challenge these fines and call a special meeting of the HOA to discuss the issue. You might be able to get them reduced or eliminated. At the very least you may be able to get a clarification of why the fines were imposed and how to avoid them. You may also be able to fine support to get elected to the Board and fight for change within. (am not a professional, just someone who has helped manage and had experience with several HOAs.). Good luck.
@@donnacollins8640 YES, they can! The Rules and Regulations are changeable by the HOA Board of Directors/Management Committee. They can change the rules without input from the Owners, but must publish the new Rules & Regulations as described in their CC&Rs. Consumer Laws are not applicable to HOAs, so what you advised is a dead end. Sorry, but true.
@@donnacollins8640They will not help and tell you go to private attorneys.
What is the most effective method?
Hello madam and thank you for the great tutorial
I have a question for you and my question is ,basically the water was leaking from the third floor of the sewer and drainage pipes and it leaked into my house and ruined my floor and many other things then I decided to sue them because they were not willing to pay for the damages that were caused by the water leakage and when I serve them the court documents they are saying that they are not the decision makers they are handling the repairs or the paintings in our buildings, they say you have to sue the actual HOA they even told the judge the same thing so can you please help me and tell me how to find my HOA, so I can serve them the court documents and when I ask the temporary HOA they are not giving me any information regarding how to find them and who they are please help me I would greatly appreciate your help
If you pay a monthly HOA fee or assessment to live there, the address of the HOA should be the same as where you send your monthly/annual membership fees.
Is there a governing agency in Texas that the homeowners can go to, to complain. Or attorney that can give me 15 minutes of guidance?
Please help me I am being bullied by my property managers towing my vehicle and sending threatening letters I want to go to court but can’t afford it they are gangsters and thugs!!!
WOW
👍🏻👍🏻👍🏻
I think there’s a ton of great info here. You lost me with the realtor bashing though. That’s wasn’t necessary. Not everyone gets poor representation.
What happens when the HOA will not enforce the bylaws
I hope they won't. I hate their rules.
When you have a HOA that will not enforce the bylaws. You need to run for a position on the Board of Directors.
So. If people read their things they sign and agree to... How many agreed to follow rules and ignored what was expected and cried over what they signed and agreed to do and or expect.......
You waste lots of time. Get to the point.
What a waste of time.
This is worthless click bait.