I paid my attorney $550.00 to represent me on a $150.00 fee I was contesting from my HOA. My attorney told me, "I admire the fact you are a man of principle but most people would just pay the fee". On court day, the HOA representative and/or attorney was a no show and I prevailed by default. I guess justice is for sale after all.
Back in the 70's my uncle bought a home pre HOA. When the HOA was voted in he refused to join or pay dues, they made his life a legal living hell, but he fought them and won including all legal costs
Settled law going back to the 60's is super clear on that. In order to form an HOA in a developed community without an HOA requires the approval of 100% of the people who would be in the potential HOA. Not sure why your uncle would have to fight that as that law has been in pace since the 1960's.
If they don't pay, I wonder if there are any assets he can have a helpful sheriff's deputy help him seize? (My guess is not much.) The board will likely resign/get kicked out, leaving their mess for others to handle. Maybe they'll declare bankruptcy. I wonder if there's any liability on the part of the HOA's members? In theory, they ultimately control the board and could have stopped this?? If a clear majority of the HOA's members get angry with the board, how quickly could they force the offending members out or force some sort of change?
True, but the HOA must have spent a similar amount. If I was a resident there I would sack the whole HOA board for malfeasance. Spending that kind of money for $200 a month by either side is crazy, but at least the guy who won did it because he was a principled person. The HOA board can't even claim that.
@@cruelabduhl That's not how it works. People get really defensive about any group/community they are a part of. And they would undoubtedly get one way communication on the matter. I expect Jonathan Friedrich to be the subject of a lot of harassment in the future,
HOA are insane, my friend received a letter from his HOA telling him his son could not live with him. He was polite and informed them his son has lived there since the age of nine when he built the house and his son's name is on the title. So piss off !
On what authority would the HOA even have saying that a family member isn't allowed to live on the property? Even if the son's name wasn't on the title or the deed, the HOA wouldn't have any authority to enforce that.
Dang, that's nuts. It just shows that given any opportunity, there are plenty of people who will do bad things just to attempt to exercise control over others.
@@ericwilson956 IF the HOA is marketed as an "OVER 55" community they can force him to move. At least in ARIZONA that is the law thanks to "DELL WEBB CORPORATION"! 😡😡😡😡😡😡😡😡😡😡
It's a shame how many principles in this country don't get their day in court because it is so much more expensive to get justice than to continue allowing someone to steal from you/wrong you/whatever.
I'm pretty sure I could figure out how to cost them every penny of that $300k; some legal and some they just cannot prove. Once they slander me once or twice, I think punitive damages might just get my money back.
The bigger question is WHY did it coast $300,000+? I understand lawyers have to eat, but that amount does seem pretty steep. If the lawyer is being paid $200,000 /yr, that is the equivalence of a full 1 1/2 years spent on just this case.
He actually made all the property in his development zone 1 WORTH that much more, As this means all the people in that zone now dont have to pay the HOA and can demand return of the fees they had collected from them. Plus he can sue the title company that did not do their job.
*and the fact that if he doesn't have to follow the asinine rules of the HOA no one else does either meaning he basically broke the spine of the HOA leadership*
HOA members should use this as a reason to remove the HOA board members, or better, dissolve the HOA entirely. I had one Realtor (tm) try to convince me that a HOA property only insures added value. I asked how, unless this HOA requires constant upgrades to the houses. They also tried to defend a $450 / month HOA dues on a sub $500k house for a HOA that only provided a "lake" that looked maintained by a gopher. I left this realtor for a real one that wasn't a developer's lapdog.
Jason W that’s funny. In California with some of the highest housing costs, the only places that are (relatively) affordable are houses in HOAs. Nobody wants them!
@@danielschein6845 fiduciary duty comes to mind. If they had like costs, it would be really hard to justify spending that much to recover $200 / mo payments from one or even several properties.
@@JasonW. The realtor was right. actual sales prove that homes controlled by an HOA command a higher price than comparable homes without one. HOAs obviously have a huge downside for those of us who don't want to live by somebody else's rules, but they also have the advantage of preventing people from doing a lot of things that can reduce your property's value (I'm way out on a limb here, but maybe that's related to the increased value). FWIW, there's a road a bit north of me that has had an unusual mix of properties for as long as I've been aware of it. Some are relatively new and expensive houses, many of which were likely owned by IBM employees before IBM downsized in the 90's. Others were crappy little houses on property that had been in the family for years, allowing people to own property they could never have paid for. Besides many of those houses being worth far less than neighboring houses, a few of them were owned by the sport of people who still have every car and appliance they ever acquired. Plenty of them saw a lawn mower just a few times through the summer, and got (poorly) painted every 15 or 20 years. People who don't want to have that sort of thing in their neighborhood are why HOAs exist. People who want to decide how the world should work and people who don't want to be active in their HOA are why so many HOAs become the organizations that so many people hate.
About 20 years ago my brother lived in a condo that had a HOA. The people on the board were the power hungry type and did something stupid and petty to him. Being a charismatic guy who all of the neighbors loved, he ran for the board along with a couple of the neighbors who were friends of his and they all won including voting him the president. Although they didn't have every seat, he had enough seats that were favorable to his cause, so he made a motion to dissolve the HOA and they approved it. lolz.
Was this really a condo? Meaning there are shared walls between neighbors and common spaces owned/maintained by the association? You can't dissolve it if that's the case because then who would own and maintain those things? Also I'm pretty sure that dissolving it would require a unanimous vote by everyone, not just the board.
@@joshuahudson2170 If it really is a condo, that is shared walls, shared facilities, certain shared utilities, etc. Then the trash compounds will be overflowing after a week. The outside lighting will be dark shortly after the association stops paying the electricity bill. The landscaping will be dead about a month into summer once the HOA stops paying the water bill. The city will shut down and lock the pool gates shortly after the pool guy stops turning up. The value of your unit will tank when everyone in the next building moves out because the roof leaks, and you are eyeing your building every time it rains.
But that also works in reverse. We have a 1 lot 1 vote neighborhood. The developer has all of his undeveloped lots as voting lots. He just put all of his friends on the board and now he dictates every rule. Glad for your brother, but sucks for me.
@@slightlyevolved Condo HoA boards typically do hire management companies that manage shared services and handle the billing, and in theory have no "say on things." I say 'in theory' because the management company personnel are usually more knowledgeable than board members so their advice generally is followed. Also, I think, but I don't know for sure, that there is no getting round the requirement for a homeowners association because 'common interest developments' are complex and are heavily regulated. If you tried to disband you'd be breaking the law. However, let's say you were able to do it. How would you pick your management company? By a vote of all the members? Who will approach the various management companies to get bids and proposals? A couple of volunteers, yes? Would you perhaps have to vote on who these volunteers should be? A bit like HoA board members, eh. So then the management company that the volunteers have chosen and you've all voted on asks you what are the rules and regulations that the management company should use to manage the property. Who will sign the checks on behalf of the owners? The company will ask what the dues should be. They can probably come up with a reasonable budget estimate for ongoing operating expenses, but then they'll ask what you'd like for your reserve allocation to pay for future replacement or repair of capital items. When you shrug your shoulders they will probably suggest that you should follow the requirements laid out in the various statutes that govern the administration of common interest developments, i.e. HoAs. I suppose the point of all this is simply - it ain't as easy as it sounds. Really, the only way to make a HoA work is to vote in board members you trust, and hold them accountable.
I’m thinking it will weigh less on his mind that he is out $300k than the fact that he would be governed by an HOA, and having peace of mind is priceless.
300k is a lot of money. I would rather buy a rental that makes more than 200. However, this could be an entertainment expense. You can invest 50 bucks or go out to dinner for 2
HOAs are literally my only No Go with regard to buying a house. I will not deal with an organization that's effectively a government, but one that doesn't have to play by a set of rules.
Once I bought a building lot in a small sub-division with an HOA. Since the private owner of that sub-division had to pay HOA fees for all unsold lots, he got a court permission to dissolve the HOA. I didn't pay a dime. Since then, I avoided HOA properties like a plaque.
Actually, they do have to play by several sets of rules including local laws and regulations plus the CC&R's. If you are too stupid and lazy to read the CC&R's prior to purchase, if you are too dumb to request the financials, board minutes, reserve study, and talk to other owners prior, your too stupid anyway. It's called due diligence and a smart person would do this in a non-HOA as well...make sure your neighbors are not nitwits (like you), make sure the city code compliance is not a fascist, etc. BTW, unlike an HOA who can only foreclose for non-payment of dues, a city can take your house for non-payment of their fines / violations. Also, whereas an HOA will fine you $50 or $100, the cities typically start at $500 - $1,000 and give you 10 days to cure.
My situation is very close to his.....my property is the only one in my development that doesn't say anything about an HOA or any restrictive covenants at the time of closing.....6 years later they filed an amended instrument that included my property.....to make matters worse the developer didn't follow state law as set forth under the planned communities act of North Carolina and had to incorporate as a nonprofit organization.....meaning that anyone who doesn't want to be a member doesn't have to join because you can't become an automatic member of a nonprofit organization.....talk about screwed up.....thankfully I only had to spend 300 dollars for a cease and desist letter
@@jordancobb509 Youve missed a big part! Rental properties. Imagine a world where you own multiple homes in an HOA, I dont have to monitor them. The HOA babysits them for me. HOA absolutely stabilizes property values. HOA also substantiate eviction processes through violation documents. Eliminates a ton of hassel.
nick T No, if you own multiple properties with tenants renting them, and you’re too lazy to manage them yourself, then hire a property management firm or start your own management company.
@@preachers4135 It isnt only my properties that the hoa babysits. they babysit all of the properties around mine as well as mine. Thus stabilizing the value of the entire neighborhood, not simply my properties. Also this particular hoa provides a water park, 3 pools..a restaurant.. dog park...a game area, multiple tennis courts basketball courts... These things are all hoa maintained for my tenants which helps ensure the homes are rented by families with kids.. All of these things stabilize the values of all of the properties. Conversely all of the prices rise and fall together.
There`s a video of this on RU-vid with the banners and pink flamingoes ...his house looks fantastic and must have cost him a lot and its kinda fricking huge,ive a feeling that though to me $300,000 is a hell of a lot of money to him its not...
Not the personal property of the HOA president or the board. What would happen is that the HOA could be required (by a court order) to pay. Then, the HOA member will be on the hook most likely via a special assessment.
Why the hell would anyone want to pay others to just make up rules that they have to abide by? People need to stop buying houses in HOAs and they'll go away.
If you live outside city limits, you might not be able to rely on the county to enforce things like noise ordinances and other quality of life issues. What if your neighbor decides to start a cabinet making business in his garage and run power tools until the legal cut-off of 10pm 5 nights a week, and he sprays varnish in his front driveway making an awful stink. The county won't do anything so without an HOA you have to move or live with it, or maybe spend a bunch of money to see if you can sue him for violating zoning laws. There are many things a neighbor could do that would reduce the value of your land.
contentioushackery oh you mean the neighbor that bought and paid for his property doing things he wants with it. You’re right, that’s terrible. Some people believe in live and let live, even if it’s not always perfect. Those people love it in the county where no one has their thumb on them. Others want the illusion of perfection and need to be told what to do. HOA’s and city zoning is for them. There is always something for everyone.
There's good and bad things about HOA's. But perhaps any HOA community should have their rules and regulations easy to access for new perspective owners to look through. Also realtors should really give that information upfront to clients looking into buying the property instead of trying to make a buck. Should allow home owners the ability to sue those realtors if they don't fully disclose the rules and regulations.
The core reason for having an HOA is that your property's value depends on the appearance of your neighbors' properties. An HOA is an agreement wherein everyone agrees to maintain their properties to a certain standard, or else. Some careless people don't like the "or else, some money-hungry people love it, and some power-hungry people can't resist it. The latter join the HOA board.
*add a clause in any agreement that IF a HOA is formed at any time after you house or property is purchased you have the right to tell them to get stuffed if they tell you you are obligated to join*
Usually the declaration give each owner a vote. Homeowners association and Condominium association have different rules and power with the later been able to control your dreams. Most of the time they can be dissolved with 75% to 100% of members vote required. Older Hoa required less votes vs new Hoa. Also some states, I am in Florida, world capital of HOAs and COAs they had to create laws to protect owner since some investors would buy a majority of the units to be able to dissolve the Hoa and buy the other units and a fraction of the cost. Now this tactic is mostly illegal.
Quasi-HOA (more of a deed-restriction enforcement org) in my neighborhood sued itself out of existence. (Side note...Deed restrictions aren't too bad; mainly to ensure setbacks are enforced and only single family or duplexes are part of the neighborhood. No nonsense about paint colors/gardening/stuff in the backyard, etc. I actually liked the setup.) Tried to cite someone for building a 2nd garage, but owner contested it due to selective enforcement. Local court agreed it was a violation, but the selective enforcement of the deed restrictions made it unenforceable. HOA appealed to state supreme court. State supreme court concurred with the courts ruling, and also said the HOA formation was not legal. 2nd court case in 5 years lost in state supreme court after initial loss and stupidly appealed. At the end of it all, lawyers/board pushed the HOA into Chapter 7 bankruptcy! Only people who won were the lawyers and the people that didn't want a deed-restriction enforcement.
I just got an HOA letter today. The violation was for having a trash can at the curb on trash day. The funny part is it was next to my neighbors driveway and about 20ft from my driveway. It was obviously my neighbors trash can and yet they wrote me a violation. HOAs should be illegal.
It should be illegal to make excessive rules. Just limit HOA to basic rules like no loud noise, no rainbow colored houses of houses painted with a middle finger, and no parking your car in front of other people’s houses. And no mosquito 🦟 swamps.
Same thing happened to my dad. He bought a house in a development that was built in two stages. The first 20 homes were HOA free, the next 100 were in the HOA. They tried to tell my Dad he was in the HOA. He asked them to show him any paperwork he signed stating he was a part of the HOA. They couldn’t produce anything. This upset the actual HOA members. Since they couldn’t force my Dad or the other 19 homeowners in the development to pay HOA fees or abide by HOA rules, they voted to disband the HOA all together.
What a great story. I live in a neighborhood with an HOA but am one of 8 out of 500 homes that were grandfathered and are not a part of the association. They call us the chartered members. Every stinking year I have to fight with the HOA because I have not payed the dues. 17 years and counting.
What is disgusting is how much it costs to do anything in the legal system. The USA has laws, but from what I have seen, the US legal system is only for the rich when one hopes to pursue a legal case even if you have been wronged and are 110% in the right. Groups like HOA's know that the average person can not afford to hire a lawyer and they prey on that fact.
I would never live in an HOA. 1) I live in a state in which a man was jailed because he couldn’t afford to replace his entire lawn at the demand of the HOA. 2) My father lived in an HOA in which he got a notice from the HOA because his driveway was wet after he just washed it off because the wet driveway didn’t look uniform with the other dry driveways. They said he had to fix it because apparently they didn’t understand how water works. 🤦♂️ 3) I knew of a guy that was told by the HOA he had to park his truck in his garage even though the truck was too long to fit. 4) My sister painter her house but the color she was approved for by the HOA didn’t turn out how they wanted so she was forced to paint her house a different color. If I had to live in an HOA, it would have five rules or less that would not interfere with my life. I do not want some tyrant telling me what color to paint my house or what kind of landscaping I must have or how often I have to buy a new car or how quickly water must evaporate from my driveway.
Concerning your item #1, if a HOA ordered a homeowner to do something and the homeowner did not comply, the HOA could issue fines, put liens on the property, and take civil legal action. However, HOAs are not government agencies and therefore not following their rules is a civil, not criminal, matter. Therefore, I do not see how someone not replacing a lawn or failing to follow any other HOA demands can result in jail.
Being able to put pink flamingos in your yard, in the middle of a guarded & gated HOA community with no consequences is Priceless!!! I'd park a rusty, I mean well patina'd street legal rat-rod in the driveway too 🤣
Now his neighbors in that section of the development should follow suit and sue for return of any fees they have paid ti this HOA? Wouldn't they all be exempt from the HOA as well?
That depends on how stupid they were when they bought their houses, and whether they agreed voluntarily to be in it. I'm familiar with that neighborhood (I'm from Vegas originally) and that's about a 40-50 year old million dollar home neighborhood, so there are a lot of wealthy but not very real-estate savvy people living there.
He was the only exception, he was between the two development The second development was built approximately 10 years after the first his land wasn’t included in either Hué development
My brother in law lived in a HOA. They allowed a certain sized shed in the backyard, but it has to match house colors. His friend down the street wanted to paint his red like a barn. So next election cycle, his friend was the HOA President, and changed the restriction.
My ex-landlord owned quite a bit of farmland he sold to builder, it was adjacent to the property he kept for himself and he had already built a home. A few years after the neighborhood was built around his home, the HOA tried to start make him pay dues and tried to gig him for non-conformance. Fortunately it never had to make it to court, he disagreed and the HOA stopped pursuing after a consult with the HOA attorneys. Apparently HOAs cannot annex peoples homes involuntarily in Indiana.
@@erica1957 Are you implying there are other countries with strictly "justice" systems? Otherwise I'm not sure what the hell "In America" has to do with it.
@R Cruz? None of the houses I have bought were in a HOA. The only land I even considered buying with a HOA was a very simple one that had a shared well as the only paragraph in the agreement.
Hardly... They will offset the cost to the rest of the homeowners of their community by increasing the dues. The only way to kick them out, is to turn the community against them.
I'd rather live in a cardboard box under an overpass than live under an HOA. I have never heard one resident, who was not an insider on the board, who liked living under them.
@@suzanh7777 I've never had any problem with the HOA in either of my houses that were in them. The first one was very simple and just maintained the entrance to the neighborhood so the fees were only like $25/month. My current house has lots of community parks, pools, buildings and gyms so it's more expensive. I think you have selection bias where you are only hearing from people that complain; most people never have to think about their HOA. One of the houses I grew up in also had a community pool and another one was in a gated community and my parents never had a problem with them.
I've represented myself in Lawsuit against an HOA for 13 years. HOA side has expended approximately $400,000 in fees & costs. They had 3 Attorneys at a 2-wk jury trial. I had no law school, not even jury experience. I won, although I got only a fraction of what the jury wanted to award because I missed a discovery deadline. I am now suing them for malicious prosecution. Wish me luck! I do not recommend this for everyone. As an attorney told me, "you need deep pockets and the stomach of a goat." Representing myself has taken 1000s of hours vs. their $100,000s. They started it. I intend to finish it. BTW, seek legal advice. Good Luck!
I remember discussing with someone once how I never want to be in an HOA, he asked me how else I would stop the neighbors from starting a pig farm next door? Well, I don't think the pigs and chickens in my own backyard would mind!
Where I live in NJ you can have chickens but no roosters (noise levels). A man in my neighboorhood had 3 chickens. They stayed in his backyard, and I couldn't smell them while my window was open. More power too him. Id love to pet a 🐖
I get suggestions from Quora and get ones about HOAs. Usually the question is " I moved into a house next to an HOA. They send me letters about X, what should I do." Everyone including the lawyers that post say if you didn't get a notice at closing that there was an HOA "ignore them" :)
Former HOA president here. This type of dispute is incredibly common, but it's one that - if the parties at either end were remotely rational - would've been resolved immediately upon discovery that the property wasn't under the HOA's jurisdiction. 1. The homeowner is at fault for not conducting adequate due diligence when buying the property. 2. The homeowner's real estate agent and closing attorney are at fault for not conducting adequate due diligence prior to closing. 3. The HOA is at fault for not understanding its plats, and knowing the boundaries of its jurisdiction. With rational people involved, this gets settled simply with a settlement: the HOA kicks back all dues paid to the homeowner, perhaps plus reasonable interest, dating back to the day he purchased the property, in exchange for dropping the suit and indemnifying the HOA going forward. The fact that this went to the Nevada Supreme Court merely tells you that the people involved decided they'd rather trade "**** you's" than resolve their dispute reasonably. I wouldn't want to be this guy's next door neighbor nor part of this HOA; in fact if I were a member of it, I'd consider suing its board members for malfeasance, for letting this get this far out of hand.
I spent 350 dollars back in the 80’s for a 35.00 traffic ticket. Two days before court the ticket was dismissed. I later ended up working with the a-hole and was there when he was fired. I had never forgotten him or the ticket so it was sweet watching him walk out the door.
It stinks the man can't get the 300k back but I would think he could put a lien against the HOA for the 15k.Nobody in the HOA would be allowed to sell until he got his money.
@@BrianDaleNeeley what's really screwed up about the United States is that even when you fight something like the homeowners association and win, they don't have to cover your legal fees. And what's worse if you're actually still part of the HOA, you'll be paying increased fees for what they spent fighting you in court!!!
Greetings Steve, This story bring a tear to my eyes. You probably are too busy to read my story but it's a good one and it would do me much good to get a reaction from you. My name is Joseph Emery. I will promise on my honor, not to create or exaggerate any claims here. I am a 100% disabled veteran from the 82nd Airborne division. I moved into a nice house in an HOA in Oregon. The president of the HOA was also a popular police officer in the same city. I had come to Oregon to study Medical Marijuana. As such, I obtained an instructor and the proper legal paperwork and permits to grow my plants as it was insisted on by my instructed as that same officer was my neighbor. I believed this to be a good move as his location would discourage thief's and force me to follow the letter of the law. Thing went well for about a year until there was an election. My neighbor was so popular that he had political parties at his house while I had 50 pot plants in my back yard. I was aware that he was anti pot but I just ignored that and kept up to date on the rules. Then something happened,....I was evicted for no reason other than that the homeowner needed to move back into their home. I was disappointed but accepted it and moved out. About a month later I was informed that my landlord did not move back into the house. My cop neighbors daughter did. I was furious and decided to try to get a lawyer on principal even if I had to pay. I spoke to every lawyer in town about it and got the same answer. Thew believed he broke the law however, thew would not take on the police department or the HOA from fear. As a result I have been homeless ever since. Thanks for your time.
Does qualified immunity pertain to HOA board members? If not, perhaps they're personally held liable? Or can you get a judgement to put some kind of hold or garnishment on incoming fees to pay the legal costs?
Ju M An HOA is basically a corporation, to go often the individuals directly you would need to find cause that would permit piercing the corporate veil (a corporate officer’s version of individual qualified immunity). Piercing the veil to get at an officer individually isn’t a trivial thing to achieve but it can be done if certain conditions are, or are not, met.
@@ethanpoole3443 I am thinking that Fraud might be cause to pierce that corporate veil. They did commit a fraudulent foreclosure hear by trying to foreclose on his house when he was not part of the HOA. if the people on the board of the HOA knew he was not part of the HOA, and for all account it sounds like they did, then they would be personally liable. to me this also seems like malpractice on the part of the HOA attorneys. they would have seen the documents about him not being part of the HOA during the discovery process, and they should have informed their client that they were in the wrong, and maybe they did and the HOA pushed it anyway.
I was in an HOA once. They sent me a letter saying it was against the rules to have a doormat at my front door. Also I was sent a letter because I had a bucket in front of my car. You talk about some weird people.
I rented a condo in California a long time ago and the HOA sent out a letter to clear the back patio (deck) so they could do some repairs on day "X." Well day "X" came and went with no repairs done, so we gave it another week before we put our patio furniture back out on the deck. Two weeks after that, I get a knock on the door at 7 AM on a Saturday by some random woman sternly telling me to get the stuff off my deck like I was told to do so by the letter. I told her that the date was 3 weeks ago and that if she wanted the stuff to be moved, that she can do it herself, but if anything is broken, I would sue her....Later that day, a nice worker came to my door and asked if they could move the stuff off my deck so they could do repairs....lol They were very gentle with my stuff.
It will only take about 120 years to recoup his legal expenses. His neighbors on his side of the line need to sue the HOA as well, and then throw this guy a parade or something.
Ow God I live in a little naiborhood with no hoa....a few years ago a new development was built next to us...our privet road was re routed to the hoa road....a very nice paved two lane compared to out old dirt road... Same easement to the state road..... They have been telling us for years that we are part of the h HOA bacauae our easement runs thure their development.... Nope. I have the right to drive thure their roads to reach the state road ... We injore their letters. The sheriff where call so many time for trespassing completea they they told the hoa president that they would arrest him if they where called again.... They have even tryed chaining the road. We cut it with the sheriff blessing .... The cause. We are about 20 property with small houses or trailers whial they are 500,000$ home.....offer me enough money and I will be happy to sell my land to the hoa
Robert Z if I were in your situation I would install a device called a header dump on my truck that with a flick of a switch bypasses the exhaust system while traveling through that neighborhood.
@@sirstephen9825 90 % of the residents are okay. If a few members of the board that can't stand us driving thure their naiborhood..... They think since we use their road then we should pay the up keep too......they know this when they built the development..... But I can't complain. I get payed to store two rv on my property
If you can document this, you should sue them for harassment. I would start at $750k. If you can unify your neighborhood, you can enter into a class action.
@@sirstephen9825 No; there was nothing wrong with his title. The wrong was with the HOA telling him he owed money when the easement is right there in their ( the HOA's ) deed clear as day and says they have to provide access to the road.
NEVER would I buy a house with an established HOA. You as a new home owner don't know these people...and your FORCED to deal with them just because they own property near you. BITE ME!!!!!! I bought a home...I didn't buy into a collective hivemind...HOA are the Star Trek equivalent to The Borg
Steve you say the homeowner won but at a cost of $320K. What I’m curious about is what did the HOA have to pay for this litigation which seems like it should be a bankrupting amount of $$$! I wonder how all the members of this HOA feel about sharing towards this costly defeat?! I think this homeowner is reveling in his costly revenge!!! Rich
$200 per month adds up quickly when you're assessing it against dozens of properties. $200 x 12 mon = $2400 x 100 properties = $240,000 per year. That's an impressive legal fund, and that's just one year. Of course, that's before the HOA Board Members compensation.
I don't know about there, but my mom's HOA for a bunch of condo buildings decided that a million dollars worth of repairs need to be done to some of the buildings. First, they won't say which ones. It's all hush hush. But what they have done is assessed and an additional fee of about $8000 per unit to the owners for the year. On the one hand if there is structural damage that needs to be repaired due to water run off, which is what they are claiming, then I guess you can't just let those buildings collapse. On the other hand there are a lot of older people in the association and I'm sure most of them don't have an extra $8000 just sitting around. The point is, depending on their HOA rules and Nevada law the HOA may be able to assess each member a share of the legal costs. Which may really tick off the additional people that weren't supposed to be in the HOA to begin with.
gatesmw50 It’s possible liability insurance might cover the HOA for being sued for damages by the homeowner, but I suspect it was the HOA that initiated this harassment litigation against this homeowner to bully the homeowner into compliance on what they mistakenly thought was their correctness of their position. Rich
@@stephen3164 Depends on the HOA. I'm renting in an HOA. I'd wager half of the units in here are rentals. If half of the home owners are land lords, of course the HOA is going to allow rentals. Mind you, I wouldn't be surprised if 1/3-1/2 of the houses within 2 miles of the university campus are rentals.
$320k might actually be worth it in the long haul when you start adding in the petty fines and stuff they can levy up to and including making you tear down things you've built on your property or repainting your house because you didn't buy the paint from the right vendor...
The HOA where I currently live in Virginia, a former board member decided to raise everyone's rates, but then secretly pocketed the funds from those rate increases over a period of several years, until the missing funds were noticed by an outside auditor. The HOA filed a criminal complaint on behalf of the members, but as far as that missing money, we as members aren't going to be reimbursed. Instead, whatever money that is recovered, will simply be given to the HOA for them to spend on whatever they wish. Still, better than the Condo Owners Association that my sister has (she has both an HOA and COA), which drags its feet on everything. The HOA is open about what it spends the funds from members on, while the COA says that such matters are private and not available to the members. But yeah, there was a spigot outside her condo that burst, and flooded her condo. COA was responsible as it was an outside spigot of theirs, and they took almost 7 months to get a contractor to come in and repair her condo because they kept arguing about what damages they would pay for, and then when my sister said that the old insulation for the outside wall in the spare room had not been replaced (so the room gets hot in the summer and cold in the winter), the COA said "If you want new insulation, you buy and install it yourself." That was back in 2014. Last September however, the a/c unit for her upstairs neighbor, had an electrical fire at the fuse, to which the fire department had to break into my sister's condo in order to ensure that the fire hadn't entered her condo, and damaged the door frame in the process. One COA member told her that the association would cover the damages, while another board member than told her that they would not be paying for the damages. Only to then have a 3rd member of the board tell her that they would pay for the damages. So a few weeks later, the door frame was replaced at cost to the association. However, all they have done to where the fire had burned the siding and such, is put a tarp over the wall. That was last September, with nothing having been done since then.
@@floydlooney6837 Usually insurance isn't brought in unless it's 100% catastrophic. They will attempt to use their own funding pool. Using the insurance company raises rates and if they get so many claims, the insurance company can drop them as a client when the term of the policy comes due. Plus they figure they can play 'drag ass' and draw the claim out to the point they hope the home owner simply gives up and pays for it themselves.
UPDATE: March 2020, a Nevada judge awarded Friedrich $188,118.51 - a big chunk of the money the homeowner has spent on the case since 2014. Incredibly, Friedrich says he spent even more money to ward off the HOA he wan’t obligated to pay. As of December 2019, the homeowner estimated he had spent about $273,000 fighting Rancho Bel Air in court.
Once on a HOA board, our management company replied verbally to a homeowner with a complaint who threatened legal action: "Our pockets are deeper than yours!"
Kudos to the man!! Now, how about all the rest of the homeowners in section #1? are they entitled to stop paying the fees? and can they sue the HOA for their money back as well?
I lived in a house where the HOA enforced nothing and the neighborhood went down hill very bad and very fast. Everyone who lived there the past twenty years had to move out, including me. My next neighborhood HOA was very strict and did not back down from anyone for anything. The people on the board did a good job. They never tried to step outside the rules but they did enforce the rules. I’ll will always take a strong HOA.
I don't know about NV, but some (many?) States award the winner the legal fees on top of the original amount sought. That's how it is in my State. That sould put that $320k burden onto the HOA on top of the $15k original amount.
Legal fees and cost s are not the default in America. they're generally has to be something above and beyond or a specific enabling statute to get fee shifting.
I might be in the minority, but I've lived in 2 HOA run neighborhoods, and had pretty good experiences. The most I've ever been asked to do is paint a mailbox, and I know other neighbors who had horrible looking yards were required to fix them. There definitely are power hungry people who try to influence the HOA though. Recently a lady reported a neighbor who was having food trucks in her driveway during the pandemic when restaurants were closed. At least that person didn't have any power, and the food trucks are still bringing delicious food.
Hooray for him! I live in a huge condo community that consists of numerous HOAs, depending on the unit you live in. Every HOA pays the same amount of money to the same trash service, no matter where they live. The nearest dumpster to me is just across the street from my unit, but it is owned by a different HOA. Our dumpster is a rather lengthy walk down the street. I have owned my condo for three years. On two separate occasions, I was approached by condo commandos telling me that I was using the wrong dumpster. One was from the other HOA, and a couple of years later, a representative from my HOA approached me. I never got any formal reprimand in writing, but I was told that I really needed to use the dumpster that my HOA was paying for. I told my HOA rep that the whole issue was petty since everyone used the same trash company anyway, and that I was not going to walk all the way down the street to dump my trash when a dumpster near me was much closer. IT'S JUST TRASH and it GOES TO THE SAME PLACE! He wasn't too happy, so now I just take my trash to the dumpster at night, when no one can see me. Don't you just love condo commandos?
I hope his fellow Unit One members and him all SUE the HOA for fraud to reclaim the moneys paid. In the mean time those in unit one should all stop paying and help him with his leagle funds
Here's a thought. Remove the person(s) from the HOA board who wasted the money fighting this and make them pay all legal fees of both parties or foreclose on THEIR houses.
There was a case you spoke about last year where a Mr.Andy Lipka in Missouri was being threatened with foreclosure by his HOA because he parked his 1965 Ford pickup on his drive. The matter was going to court, but there doesn't seem to have been a resolution. Does anyone know what the outcome (if there has been one) is?
I live in a remote place without zoning or HOAs. I was able to build what I want without having to ask permission from any "central planning committee." Now I live in an off grid tiny house that's paid off. I have almost no Bill's and was able to retire early because I only need $500 per month to meet all my expenses. The way I live would be illegal in most places. HOAs and zoning are designed to keep everyone on a high cost treadmill for the rest of our lives. If we don't fight for our freedom, in the end we will have none. Form a group to take away the power of those who want to rule you. Do away with zoning and HOAs. You can do it. I can tell you for sure, you will be glad you did.
You ought to visit some of the non-HOA communities in Las Vegas. I was looking to purchase investment properties. One community was the home to a contractor who parked 10 F-250 work trucks on every available parking space in the small neighborhood. For every bad HOA, there are those that are pleasant to live in.
Fair enough argument. But you have no idea how bad an HOA is until you've invested hundreds of thousands of dollars into the property. God forbid if the HOA puts a lien on your house, you can't even sell it without the lien holder's approval. What happens if they say, "No," and keep screwing you. Your alternative to get out is walk away and ruin your credit for 7 years. And maybe end up living in a really subpar apartment and/or neighborhood all because a HOA ruined your credit and now your life. BTW: ruined credit can sometimes cost you a job. It depends on the job and company. There is that to think about.
We don't have an HOA, just a covenant and boy we were happy for that when one of our idiot neighbors who moved into new construction so they knew the covenant decided to park their huge pull behind camper in the main road right at the entrance from a 45mph road. People were almost hit walking around it. If a car was leaving no one could enter causing a back up on the other road. They were pissed when someone dropped a copy of the covenant on their doorstep and wrote threatening letters to everyone pointing out all the infractions... infractions no one cares about because it puts no one in danger and does not cause property value to decrease. They started parking it on the edge of a drainage ditch and everytime it rains I secretly wish it would topple over into the ditch. ETA: the road into is a 1 lane for each direction with no turning lane. The subdivision is slight bigger than 2 cars.
@@Uberragen21 Complaining about a lien from the HOA is a bit like complaining about how high your bail is. Maybe you're innocent and are getting screwed, but there's a good chance you violated a rule you should have known about. The difference is that the HOA will let you fix the problem.
I just don't get why someone would pay a fee to have some one tell them how to live. My HOA consists of my wife and myself. To make sure there are no disputes she is in charge inside and I am in charge outside.
Most have community property, like a shared pool. The rules are supposed to be there to protect your property value. You don't want some jerk moving in next door who lets his yard go to hell or something, then nobody wants to live next to him so you have a hard time selling your house and/or have to drop the price.
I lived in a community with an HOA, it sucked. The first people to buy in to the neighborhood all worked at the same place (a national level investment company). The HOA started out as a builder HOA, but the transferred it to an actual owners association after all the lots were sold. The people who worked at the investment company controlled the board, and nobody else was even allowed to run for a position unless you worked there, which was a rule added after the builder left (by the people in the investment company). My wife and were glad to leave and move out to the "country" where our problems are real weasels and rats, not the human kind.
I'm in an HOA, but the dues are less than $250 per year and they are pretty hands off. I probably got lucky there You do have to get prior approval for big changes like fences or sheds, but they don't give flip if you cut down a dead tree, put stone around the flower beds or other minor changes.
I drove down a main road in Riverside, RI and happened upon a field on the side of the road, There in the field were 22 plastic flamingos wearing little football helmets lined up 11 per side with a football between them. It cracked me up. One of the funniest things I have ever seen, My sister ( who lived there) said who ever does that changes the play weekly. She also said the game changes with the season too. I can attest as on another trip I witnessed flamingos playing soccer and again later baseball. Including little baseball hats , a bat and ball. Never forget the good things in life www.flickr.com/photos/marirn/3933173212 www.flickr.com/photos/marirn/3885751770/
@@phillipsusi1791 since the road was likely built before the HOA existed, since they're part of the second phase, they likely can't stop them from using the road that goes to their property.
@@phillipsusi1791 wonder how the HOA will feel if they start using helicopters at 3AM to get to their property because the HOA won't let them use the road?
@@phillipsusi1791 They can't legally stop them from reaching their homes. Right of way doctrines stop people like that from blocking access. The same thing applies to shared driveways.
@@TwilightRage2099 Only if they have an easement attached to the property. And even if there is, all they have to do is provide dirt road around the edge of the property, not let them go through the paved part.
It was more than just the dues. It was the right to do with your property what you want without permission. All his neighbors in the first development also don’t have to pay now either. Not all hero’s wear capes. Developer #1 (where he moved into) built the homes and left. Developer #2 builds homes around the first development. It was not the same developer, company anything. Puts up a fence and then tells everyone that they are now part of an HOA. From what I can understand the man moved in during construction of development from the 2nd company. When he got the letter he was upset that his title company did not tell him it was an HOA community. I guess when told that they didn’t know either that’s when he looked into the zone lines. That’s when he found out that the 2nd developer basically abducted the first zone that he had nothing to do with and just thought he could since he built around them and put up a fence. The only good thing about an HOA is that they can keep your property taxes low. The HOA takes over maintaining and repair of the streets and sidewalks but, if developer #2 did not have that agreement with the city then what he did was also hijack city property. The man in zone 1 got stuck with HOA fees and Higher taxes.
They didn't hijack city property, they hijacked the HOA's property. They are the ones that maintain the gatehouse and private roads that this guy is using and refusing to pay for.
Wouldn't he also be entitled to recover his fees too? As a past president of a condo association I can say with total clarity that HOA's and condo associations need to be slapped down. I used to get calls in the dead of night that went: "My neighbor has purple curtains...."
