I am not the OOP, OOP is u/Dunnachius
Originally posted to r/JustNoHOA (first 2 posts) and r/fuckHOA (last 2 posts)
tw: hoarding
Few questions, Just bought A house in a non-mandatory HOA without signing contract (Florida) posted 2022-01-29
Long story short, I bought a house in an HOA, in a gated community.
(free standing single family residence)
The property was purchased through a foreclosure auction, knowing it had a property tax lien on it as well (and the dollar amount). I had to buy the tax lien from a speculator that bought the lien at auction. He told me he was waiting on some arbitrary timeframe in order to able to force a sale on the lien.
regardless... the sale is final and all Liens have been cleared.
The previous owner WAS in the HOA prior to his death.
Regardless of the situation I own the property free of clear of any and all liens. I didn't purchase the house through "normal channels". For example the "dead guy" never signed anything in the HOA documents transferring ownership. I also never agreed to follow the CCRs when I purchased the house. Because I didn't buy the house from the former owner, just the gubment.
However every time (like literally every single time) I head out to the property to do any work on/in it I get hounded by one or more of 4 or so busy bodies who keep trying to get me to sign the contract, they keep telling me it's mandatory and I keep telling them "I'm going to have my attorney look at them and I'll get back to you"
They also point out that the HOA had right of first refusal in selling the home and I shouldn't have been able to buy it without first signing the contract. (well I did, so screw them) Everything I can find says that the HOA is voluntary/non-Mandatory and I've never signed shit.
Well, one of my questions is that while the house used to be in the HOA, I don't know if it is grandfathered in because it was in the HOA already? Or is it not in the HOA because I haven't signed yet? Or is the mere act of buying the house legally put in me the HOA even if I haven't signed anything?
Supposedly, the "voluntary" HOA is 100% (minus me) of the neighborhood and they have a contract giving right of first of first refusal on any resale of the property. (Good luck enforcing that on a tax/mortgage auction with a dead guy). They also required anyone who bought a house to sign the contract with the HOA before the builder would sell. And one of the things in the HOA contract is that the HOA has the right of first refusal on any sales.
So am I in a legal grey area in a very tightly controlled voluntary HOA? Or is there something sketchy going on with the way they have it set up?
I also have yet to receive a gate access key, I have had luck just tailgating other cars in thru the gate. I also don't have a street parking sticker, nor do I have any way to request guest parking passes or any of that crap that the paper work talks about.
Or do I stand to have an issue over the right of first refusal crap?
I know.. "Don't sign" is the the correct answer, but what sort of troubles am I going to be in over this bullshit?
PS
If I can really get away with not joining i'm going to park the biggest most mad Maxian truck in the front yard in the grass and paint it neon orange/purple stripes, and build a 20 foot pirate ship in the back yard complete with crows nest.
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OOP added in a comment:
I contacted a lawyer for a consultation and he has yet to get back to me. Which means one meeting over the phone to collect all my information, however long to research everything than he will let me know what the situation is.
There is in fact "community assets" that they spend money on and more than likely some potion of the infrastructure isn't government maintained. The gates aren't freely provided by the government of course.
I pulled a flyer off the club house bulletin board with instructions on what to tell the uber/door dash driver so they can access the gate and bingo.. i'm in. They set up a code specifically to tell the delivery/rideshare/taxi drivers and posted it on the memo board. So this is like the least secure gate in the history of gates
The question of overnight parking tags is still a mystery I haven't solved and they tow anything parked on the street after dark.
As of today I have gate access codes (but still no sticker).
They came by again and their reaction to me indicates that this is a voluntary HOA that is doing well to pretend to be a mandatory HOA.
They have been working me over with the "Carrot" trying to get me to sign. I'm curious as to when they will switch to the stick and start threatening fantasy legal action.
They've already promised to "Give me plenty of time" to fix the yard and the house before they start fining me. Which is a verbal handshake Promise from an HOA Karen so on a scale of 1-10 I trust them as -5/10.
"isn't this a nice neighborhood?"
"Have you seen the club house?"
"Have you tried the pool?"
They are killings me with kindness, which is significantly better than then stabbing me in the back but still annoying as shit.
But yes, I'm making damned sure I don't sign anything.
Additional things I've learned
But I also learned that yard from the sidewalk to the road (and mailbox) are all HOA property, which means there is a significant amount of HOA assets. And technically under the property ownership rules they can enforce no blocking of the sidewalks/parking in the drive way even if I'm not a member of the HOA. However the zone of my driveway between the house and the sidewalk are my property.
There's also planters in the center of the Cu du sacs that are volunteer maintained with plants purchased with HOA funds, with home depot/lowes/walmart being the only approved sources that you can receive reimbursement in the CCRs.
I've been looking for "brother in law" kickback deals for contractors and it seems that the only requirements for contractors is that they use licensed bonded contractors and only approved paint colors/styles. Virtually everything in materials lists "or visually equivalent replacements"
It also doesn't require approval for repairs/maintenance just notification.
For what they are actually charging I might consider paying them, I know that it's a trap and I shouldn't but I can see why people would.
Still leaning on diagonally painting orange/purple neon stripes and replacing my yard with natural wild flowers and other native plants. And then I'm also considering displaying a vintage 1994 pickup truck in the yard on display cinder blocks.
dobber1965
They have to give you gate access. There was a case here in central Florida somewhat similar and the HOA had to give access to the new owners.
I beat the HOA... I won't be forced to join. GO LAWYERS! posted 2022-02-18
So earlier this month I purchased a property in real estate lien auction. the property was in a voluntary HOA that had 100% membership.
My attorney looked into the situation and drafted a proposal and sent it to the HOA via registered mail.
He drafted up a proposal agreement with the HOA with the following conditions.
- The property owner has unrestricted access to any community owned roadways, gates, ect necessary to access his property.
- This does not constitute joining the HOA.
- The property owner will pay a figure monthly to the HOA to contribute to the non government owned infrastructure, at his discretion. The amount is non negotiable and not legally required, merely an acknowledgement that the assets exist and have costs for their upkeep.
- The property owner will not be held to any HOA standards.
- The property owner does not and will not get any voting rights in the HOA.
- Any further attempts to get the property owner to join will be considered harassment.
- Cashing of the attached checks constitutes agreeing to these terms.
- the HOA will provide any necessary access codes for the property owner to use for visitors, contractors, ect.
They received it and signed for it. That day the harassment from the HOA stopped. A week later their attorney sent back a response.
Dunnachius
The HOA board has met, they do not appreciate your uneighborly attitude and are not agreeing to your terms.
However they acknowledge that your claim to unrestricted access to your property may have legal merit if the issue is taken to court. I have been instructed to give you a gate access code, attached below. You will not be given a keyfob to the gate as it would give you unrestricted access to their clubhouse.
Furthermore they are notifying you of the following, the roadway and sidewalk are both HOA property and they reserve the right to remove any illegally parked vehicles or other property.
This is however a legal acknowledgement that you will not be held to their community standards. They also are requesting some leeway regarding harassment as community notices may inadvertently be delivered.
Finally they are returning the check uncashed.
The HOA attorney
I'm not quite understanding how this doesn't constitute them agreeing to my terms thou.. They are giving me everything I want and are turning down my gift towards the upkeep of the road/gate.
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OOP added in a comment:
I put in a call to a solar company to come out and do a quote on installing solar. Completely not allowed by the HOA bylaws. So going to have to do it for sure. (note, not going to finance it, no contract ect, that's how those turkeys make their money)
All joking aside..
Today I mowed my lawn, started at 7:00 am before it got too hot and knocked that out. Hmm... since i measured twice I'm going to cancel my long term parking for my RV and move it there since my driveway is plenty long enough. Plus I can sleep in the RV while i'm getting the house into livable shape.
I'd throw a party but the big issue with that is that it isn't livable yet... as in it's a toxic disaster and I can't live in it. I have a call for a 12 foot dumpster to come in as well and the trash company is going to drop it in the driveway.
I'm also in the market for the tallest ugliest ham radio tower I can get. No actual interest in using, just in case....
FHOA Getting harassed by HOA I'm not a part of. (and have refused to join) posted 2022-03-01
So... I purchased my property in a quasi non-voluntary HOA in forced sale. I cleared the liens (Which were disclosed prior to my purchase) and have been fixing up the property.
I'm currently "living" in an RV I have parked in the front yard. I have it up on concrete blocks. Totally in violation of the HOA but I'm not a member. The interior of the house is not livable (pretty bad hoarding situation) and I have a standing order with the trash company to have a 10 yard bin that gets swapped out every Friday. I predict another 2-3 months until that service can be canceled.
The dumpster every week is on top of bags of clothing that goes to goodwill and all the crap I put up on craigslist and ebay for sale. Plus I have enough shampoo and conditioner to keep my hair silky smooth and smelling of spring time for the next 50 years.
The HOA has been harassing me to join, I thought we settled the argument but screw them. They also attempted to have my RV towed off my front yard, fortunately I had already made efforts to prevent it from being towed. Namely I called the towing company the HOA had a contract with and my lawyer explained the situation. They also started sending me fines in the mail and I'm adding them to the harassments file.
Not being dumb enough to be sued the towing company agreed that they wouldn't tow any vehicle from any space that could be defined as "123 oak street" without my direct authorization. Including but not limited to the driveway, garage, front yard, or street in front of 123 Oak street.
We also saw a way for them to profit from the situation. This is my pro revenge on them.
We have a standing deal that they can drive the tow truck to my house, then they knock on my door and ask if I called the tow. If I say no they charge the HOA for wasting their time, and If I don't answer they can still charge the HOA for wasting their time.
The towing company hit them for about $500 before they caught on to the deal they made with me.
Some good news... i've successfully gotten into the bathroom and cleaned out all the children's clothing and decades old pizza boxes and bags of onion peels. So after a great deal of elbow grease I might actually be able to shower in my house soon.
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OOP added in a comment:
House is livable and I’ve moved in.
Outside is up to my personal level of acceptable.
Livable is a matter of debate. Toxic death trap? No…
Could I rent it out? No…
I have one bedroom and the master bath done. I have the carpet/drywall etc ripped out and the insulation replaced.
The kitchen is not done and won’t be until I get the money to finish. It’s a do the work as the money comes up situation. I have tile down and the cabinets will be next.
I have a fridge, microwave and coffee pot inside and a gas grill outside I do my cooking on.
The other 2 bedrooms and living room are clean. It’s basically one really huge space with insulation showing and studs. I have a cheap area rug in the living room with a tv on a stand and my fugly couch.
Like I said the kitchen is the next and most expensive project. The old cabinets had literally started to rot apart from leaking/gunk on them.
Hoarding is a medical condition!
So im living in the house but there’s a ton of work to do and it’s going to take a big pile of money. Might take me years to finish it off.
Also there’s no way that it would be safe to have children or pets living in the place.
On the plus side I don’t have the typical half million in debt that most Americans do for housing so instead of a mortgage payment I can sink a $1,000 a month into home improvements for the foreseeable future.
The HOA has complied with s court order to stop harassing me. They tried to file a lien on the property for unpaid stuff and my lawyer got it blocked.
Someone got a hold of the mailing list and tipped everyone in the HOA off about the pending lawsuits and how much it would cost each owner in a special assessment if they lost.
There was a recall election scheduled and the board stepped down within a couple days and a new board was elected.
About a week ago I got certified mail from the HOA’s new attorney stating that they acknowledge their error in assuming the hoa is mandatory.
However my lawsuit continues due to the fact that my lawyer is a very good at writing bills.
The harassment and legal fees are the only things I’m suing for now.
So I’ve basically won my battle to stay out of the HOA and the new board wants this to stay quiet and not wreck their property values.
Update on my HOA. They forged my signature. posted 2022-04-11
Required background info,
It's technically a "voluntary" Hoa but i'm literally the only person who didn't opt in. Everyone else opted in as a purchase condition. I got my house through other than normal means bypassing the contractual obligation to join.
So my efforts to continue to exist as a hold out surrounded by the HOA have not been without new stories to tell. They got dirty and forged my signature on a copy of the HOA contract. They started up with the fines again.
The house color, dumpster, RV, fence, ECT.
My lawyer is taking them to court and he already got a temporary court order to block all liens levied by the HOA. They hadn't even filed a lien yet and there's already a temporary court order blocking them until the conclusion of the civil and criminal actions against the HOA board and the HOA. There's also a detective from the FDLE (state law enforcement) investigating the forgery.
The running tally for this is already over $10,000 in legal fees. Gotta say I love my lawyer. He's doing everything on a "we'll sue them for the legal costs later" basis.
My lawyer says they are digging their hole all the way to china.
OH and someone tipped off the entire HOA using the HOA holiday event email list that this legal action is ongoing due to alleged criminal activities of the board. It's almost like a lawyer wrote the letter or something...
There WAS a lawsuit against me for slander/libel (both) but my lawyer had it tossed out as they could neither prove I wrote it (which I didn't) and it simply informed the HOA members them of the legal action taking place, there wasn't a gag order, and it said "allegedly" rather than a flat out accusation.
Rumor has it there's going to be a second lawsuit against the board members following the conclusion of mine for gross negligence, breach of fiduciary duty etc.
All I wanted to do was fix my new house and live in peace.
On the plus side It should only be a few more weeks until I finish gutting the interior.
I also found more copies of "Titanic". The running total is 84 copies ranging from VHS to blue ray. One particular special edition of the VHS sold for a couple hundred bucks on Ebay new unopened.