dealing with a h.o.a. people..

[henry2]

what started this post was sat night i got a phone call from a good friend of my who lives in the area where i have land at and was telling me about the letters and ask me if i had gotten my letter from the new hoa people that just start in the subdivision again,.. my word after that are not fit to say .... i told i had not open the mail yet and i would go and do that now ..for i found the socalled clean up your mess letter from them ..it was not a hey could you clean the mess up ..it a clean the mess up or we will take to court and make you clean your mess up letter.. so i called him back and he was telling me that a bunch of people got this letters from the new formed h,o a in the subdivision ..

my land is about four miles down the road from them..for i was not the only one in this area got a letter from the new hoa company ..

the problem is we have told them that we do not wish to join them and where here first and they need to keep to themselfs on this subect and leave us along ..


about two weeks ago they drove down the road past there places where they have there houseing subdivision is out of ..and sent everybody little clean up up mess notes to people.

and we have till oct something to deal with the problems or they are takeing us to court ..

i got one about me puting up my new wire cable fence along with metal fence post units around the my land and it was not painted in h,o,a, approved colors along with a few other items that was on the list....for i have a bunch of work going on my land to get ready for the tank home and it comeing down to the wire for things to have the place ready to go ..for i was told to clean up the mess on the land ..

part of the letter say about the dirt and rock dumped on the land and the way the landscapeing and trenching lines from the fresh water well and the septic tank set up etc etc.. and a few other things for they had to go out there when no one was around and walked around the land to see what was done..

iam going to be there weds night for the meeting with the people that are going to state ag office to see if they can stop these people cold in there tracks before it gets supid with them and some bad things are going to happen to one of them ..

AZ is one of rhe few states that has a anti hoa law on the books from the when it was passed in 1999 time frame ..

[henry2]

then people can not understand why i hate hoa typle and places that have them ..i really are getting tired of dealing with there supid ways ..

[Dutchie]

Is your property part of the area where the HOA is in effect?

[used2bcool13]

Pardon my ignorance but what does HOA stand for?

Home owner's association? Just a guess? This sounds scary and sort of like zoning laws - it almost seems illegal for someone to tell you what to do on your land.

[cab]

Unless your property is part of a platted subdivision which has deed restrictions/covenants that established a hoa when platted (check your deed) OR every landowner/majority of landowners in the platted subdivision agrees to establish a hoa, you simply can not form one out of the blue with only a few people....

[Old Vet]

You are runing their property values. I bet none of them will sell their property because you are runing the price. They must tell you what to do because they don't have anything else to do.I would go over and give them jobs on their own property like what color to paint their house every body knows that a purple house is manditory in any sub division.

[henry2]

the subdivision went in about little over 10.years ago i think iam not sure for i have bounce around for a few years now ..for i not been home intill this year to start the work on the land for my new retirement home ....my land is 4 miles down the road from them ..

no they can not go any farther south towards us ..they are bound by the orignal contact that states that they can not go past the last house of the planed subdivision ..

one of the people just that sunday morning went though and made out of a list of each person home that need to be done and i was told this morning that sunday night went though and posted on the person house who sent the letter to the us..

WITH THIS BEEN SAID TO THEM ..

CLEAN UP YOUR OWN FRONT POUCH BEFORE YOU COME AND TELL ME TO CLEAN UP MY FRONT POUCH ..

we here first and it tells them that in there contact when they buy the land and house when the orignal person has sold the house to the next buyer ..


like i said this not the first time they tried to come out in the area and do this ..the last time this happen is when the one hoa typle where fired for not getting the local poeple in the fold so they could go farther south with the subdivision..

the way is stand now the person who owns the land will not sale to them and will not sit down and talk to them about saleing more land to them .. and he a young person and hate the subdivision ..plus he offer the land to a group of us to buy if something happens to him..for he thought it was the worst thing he father ever did when saleing that land to them to build that subdivision ..

for they ranch in the area and they are allways getting complaits about the smell of the cattle and other things when they put the cattle out to graze next to the homes there..

[Pink_Carnation]

I would just send a reply saying we are not part of this HOA and will never be. Any of my other thoughts you might want to check with a lawyer before adding...

Feel free to bring it to court where I will be able to get my lawyer fees paid for by you since you have no basis. Or If you continue I will consider it harrassment and file a complaint if neccessary.

[mnn2501]

I never knew anything about an HOA until I moved south and bought a house in one. I sold it a couple years later and all I can say is never again EVER!
My land is my land and if I want to paint my house purple with green stripes, I don't want anyone telling me I can't

[RJMAcres]

We just refer to them as the housing nazis.
No worry about them ever starting up in our area.

Randy

Originally Posted by used2bcool13

Pardon my ignorance but what does HOA stand for?

Home owner's association? Just a guess? This sounds scary and sort of like zoning laws - it almost seems illegal for someone to tell you what to do on your land.

[ChristyACB]

I still don't understand.

You are not a part of the HOA. You owned the land before the HOA went in and the HOA specifically doesn't extend to your land.

They can't do squat.

They have no legal influence over you if you aren't in the HOA or on HOA land. In fact, if you feel threatened, YOU can sue them for harassment.

This has happened in many places throughout the country where a HOA has done stuff like that to property owners that border the road leading to the HOA. They do it so that people who might want to buy there will see only nice clean properties on the route to the subdivision.

Over and over HOAs have lost in court and some have been forced to be shut down because they can't harass those who don't belong to the HOA or reside on HOA property. Period.

Now...if your city or county has health and safety rules about what is going on throughout your property that you are violating, they can, but only as private citizens, lodge complaints and let the city fine you. If you can prove that they are doing it as an organization, and argue convincingly that it is a way of pressuring you or blackmailing you in compliance with their HOA, even though you don't belong, they can again wind up on the loser side of this.

Whatever you do, you need to be smart about it. Check your city/county rules regarding piles of stuff and all of that and know what infractions you're really committing and tend to those. Also, many have Exception Permits, which allow those rules to be broken in the course of other work, such as construction and remodeling or major landscaping. You might want to get one of those to cover yourself.

[ronbre]

ok so now i see why in KY they shoot feds..

(no not really but hey what right do they have)

[TurnerHill]

There are some missing pieces in this story.

[Madame]

If your land is not part of the HOA and you are not a member of the HOA, they appear to have no legal grounds to take you to court. I'd talk to an attorney and be sure, though.

[ChristyACB]

Originally Posted by Madame

If your land is not part of the HOA and you are not a member of the HOA, they appear to have no legal grounds to take you to court. I'd talk to an attorney and be sure, though.

Madame - I agree he should talk to a lawyer. BUT, the reason they do this is so that properties on the road leading to a subdivision look nice and give a nice appearance. Increases land sales and property values.

They do this, even though they have no authority, using the existing city and county laws and ordinances on stuff like brush piles or construction mess as a way of pressuring them.

[wyld thang]

What Christy says. I live in an area that is beyond a HOA, we are on a private road that goes through the HOA (is maintained by the HOA--who don't know squat about maintaing roads btw). They are always bullying us all for road maintenanace money, threatening liens and such. A long time ago they even put up a locked gate to keep us from our homes(or locked in)--which was promptly bulldozed and a nasty sign put up (sic) "dont tread on me"(we got skillz).

They spend virtually nothing for all the money they collect from their own HOA members for the road, so when they ask us for money (we, meaning about 20 homes beyond the HOA) we asked for a spending report with receipts etc for proof the money asked for road maint is actually spent on road maint, which shut them up. The part of the road we use is fairly flat and doesn't take a lot of maintenance. There are potholes, but my hub(and others of "us", since we do acknoledge we do use the road and should share in maintenance, just would like to see actual freakin MAINTENANCE) will buy his own gravel and rock and repair the(the worst) potholes himself(they just pour pea gravel into them and it does nothing) instead of giving them money which really just lines the pockets of the HOA "executives".

I agree, nutjobs thrive in HOAs.

[Joshie]

Henry, if you're not members of the HOA then they cannot make you do anything other than abide by any existing codes. They could report you to the county if you're not abiding by existing county codes.

Sometimes bullies threaten (without authority) just to see if their threats will be effective.

[Reauxman]

As someone said, check your deed.

There is something called the right of Laches, which basically means that if you have been in obvious violation of the restriction for a certain period(2 years here) you can never be asked to remove the violation.

This became an issue a few years ago with deed restrictions saying a certain subdivision could not have metal roofs. When one homeowner installed a metal roof and it was protested in court 4 years later, nothing could be done to make him remove it. It didn't mean everyone else could put one on, but "grandfathered" this one violation in.

[Jim-mi]

Make sure that your outhouse is painted . . . .pink - purple - green.

The green of course is so that it blends into the landscape.

[goatlady]

OR YOU could get your neighbors together and SUE the heck out of the HOA for harrassment!