Homeowner Associations - A Great Evil on our Land

I have come to the conclusion that Homeowner’s Associations are one of the most evil institutes in America. The reason I posted this in General Conspiracies is because it is one, probably the largest, non-talked about conspiracy in this country. In different states, there is documented proof of collusion between HOA Boards, management companies, lawyers, and judges to profit on the foreclosure of homes in covenanted communities. The worst states, currently, are California, Arizona, Texas, and Florida.

If you have never been involved in a HOA dispute, you might not realize what you have given away if you live in a covenanted community. Because you have signed a legal contract with a corporation (usually non-profit), you have signed away all of your constitutionally protected property rights, as any dispute is now a contract dispute. If you live in one of these communities, you are living in a private government with no checks and balances. Most homeowners are not aware that they are one Board election away from disaster; you are truly living in a politically unstable country!

Some major issues with HOAs:

1. NO due process, the Boards can issue a violation against a homeowner and be the one that settles the dispute
   
2. Most boards have a lawyer on retainer that they pay for with homeowner yearly dues; if you get in a legal dispute, they are using your money to fight against you and can usually get you to pay any additional legal fees if you fail in court
   
3. Covenants are design with the HOA in mind and provide little or no homeowner recourse
   
4. Boards, because you are living in a non-profit corporation, can meet in executive session, thus can legislate and plot in private
   
5. Covenants are usually drafted by a lawyer and are usually written with excessive obfuscatory technical jargon
   
6. Covenants do not specify penalties against board members, managers and lawyers who violate the Covenants
   
7. Covenants do not give homeowners the right for access to the financial books and records of the association
   
8. When buying a home, the Covenants are presented, but the true intent of them are not stated. If you have never been in a HOA dispute, you do not realize what you are giving away
   
9. Association elections can be rigged and the vote count can be done in private
   
10. There are usually no term limits for board members
    
11. Currently management companies are not bonded in favor of the homeowners
    
12. Audits are not mandated, and if they happen, are usually perfunctory and meaningless
    
13. Boards can use non-judicial foreclosure to collect delinquent assessments; there are stories in California that Boards have foreclosed for as little as $400 in fees
    
14. Currently, Boards can change rules, restrict enjoyment of common areas, and force desired behavior with fines (even if the desired behavior is not listed in the Covenants)
    
    
    As I live in Georgia, I am most familiar with Georgia law. The Georgia Property Owners Association Act (OCGA 44-3-220 through OCGA 44-3-235) governs Georgia HOAs. Most homeowners are unaware of this act and their covenants merely reference the act, it is seven pages of additional law that govern their home that they are unaware of even exist. As an example, Title 44, Chapter 3, Section 232, Subsection C talks about the right of the Association to foreclose on homes:
    
    OCGA 44-3-232-C
    

    
    
    Not less than ten days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property. The notice shall specify the amount of the assessments then due and payable together with authorized late charges and interest accrued thereon. Unless prohibited by the instrument, the association shall have the power to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, which first become due and payable more than three years prior to the date upon which the notice contemplated in this subsection is given or more than three years prior to the institution of an action therefore if an action is not instituted within 90 days after the giving of the notice.
    

    
    
    The bolded/underlined section above gives a governing body the right to be the accuser, judge, and jury on your home. They can start foreclosing proceedings for “excessive” fines (as little as $2,500) and buy the house on the courthouse steps out from underneath you. While this might not be a wise move on a house that is underwater, homes that are paid off or close to being paid off would be ripe for the picking.
    
    Furthermore, Covenants can contain some unsettling language as well, such as giving the Board power to decide if a family pet is a danger to the community and taking steps to remedy the situation (such as forcibly removing the pet and putting it down), egress into your home for any safety (as determined by the Board) situation.
    
    I understand that it is difficult to get motivated on something as mundane as a HOA, but I urge everyone to fully read their covenants and by-laws, you might be surprised at what you actually “bought”.
    
    [edit on 10/14/2009 by Finalized]

All governing entities share the same corruption whether it's the federal government your state government your town government or your home owners association.

To a degree we can choose which town and state governments to live under. We can't do much about the federal government without getting us killed or tossed in prison and we're all pretty much free to avoid that extra layer of tyranny that is an association.

Sucks for those who assumed good things before getting suckered by their associations but they should have known better. Hopefully they work to spread the word and by mass exodus or revolt the associations crumble.
Then we can work up the ladder.

I've confused or shocked many realtors by shutting the door on them for suggesting properties anywhere near associations. I just like what little freedom I do have and am not eager to lose any of it.

The basic idea was sound but like many other things these associations have warped into something else entirely.

Around here we call em 'Yard Nazis.'

The sad thing is, if everyone decided that they wanted to live in a non-covenanted community, there isn't enough inventory in non-HOA neighborhoods for them to move to.

I agree, you should be aware of what you are signing away, I wasn't and it has haunted me these last few years. I'll chalk it up to me being younger when I bought this home and the lawyer putting a 30 minute timer on the table to get us through closing, all the documents were given to me with little explanation as to what I was signing (outside the mortgage papers). Obviously, a lesson learned and a mistake I won't ever make again.

To the OP. While I agree with you on some of your points, I don't agree with them all
I am currently VP of my HOA. We try very hard to maintain our HOA for the good of all. There are some people here who refuse to play by the rules. Keeping your yard mowed, weeds killed, house painted, dues paid etc.
There will always be some who want to fight "city hall" there are others that could get a S***.
For the last several yearly HOA meeting we couldn't even get a majority of member to attend.
While I understand your frustration, Why no get involved? I did. I bought the philosphy of make this a place where people want to move to rather than move out of.
Our HOA for awhile was bad, now we are trying our hardest to make it nice place and rules that protect everyones property value.

Great Info! S+F.
I've never lived in a HOA, but I've heard the horror stories of people who made the mistake of ever joining one! (Yeah i'm biased)
This HOA is definitely NOT for everyone, and people still do not read before they sign!

Originally posted by starwatcher1
To the OP. While I agree with you on some of your points, I don't agree with them all
I am currently VP of my HOA. We try very hard to maintain our HOA for the good of all. There are some people here who refuse to play by the rules. Keeping your yard mowed, weeds killed, house painted, dues paid etc.
There will always be some who want to fight "city hall" there are others that could get a S***.
For the last several yearly HOA meeting we couldn't even get a majority of member to attend.
While I understand your frustration, Why no get involved? I did. I bought the philosphy of make this a place where people want to move to rather than move out of.
Our HOA for awhile was bad, now we are trying our hardest to make it nice place and rules that protect everyones property value.

I am involved, have been for years, but until recently, was the lone wolf in the night and was shut out by TPTB. That's recently changed and I think the more liberty minded of us are getting ready to take the neighborhood back. First order of business if we take the board is to completely change the covenants to one that is more homeowner friendly and make it virtually impossible for a future board to modify them for their gain.

I understand there are good and bad HOAs, but that, and your post above, just proves my point.... you are one election away from disaster and living in a dictatorship.

Let me ask you a question, do you think that a HOA, for any reason, should be able to foreclose on a home?


[edit on 10/14/2009 by Finalized]

reply to post by Finalized


No, not under any circumstance should the HOA be allowed that power!! We here, and our HOA is small.. about 125 homes have had, like many other place several forclosed on homes. In many if not all the case the members where thousands of dollars in the rears with back HOA fees. We in some cases where in 3rd or even 4th position to get paid back, but we did after the house sold.

Casa Grande HOA stripped of powers over accusations of theft and fraud

Perfect example of the fraud that can go on in a HOA if you have a "bad board".

reply to post by Finalized


Only way not to have a bad board, is to get involved. are you? The HOA is only made up of homeowners.
Our meetings are public knowledge and we get 0 none zip homeowners that come. Much less have anyone that wants to join. I guess it's put up or shut up? GET INVOLVED! that is the only way you can change things

reply to post by starwatcher1


See my post above, I am involved, go to all the board meetings, walk the neighborhood to try and educate my neighbors. Until this board recently tried an overly-abusive power grab, no one cared.

They, the current board, did a good job of keeping us divided for years. Until I started walking the neighborhood, I didn't realize how many people had been abused.

I heard one story of where the board raided someone's checking account and left her with $1..... she couldn't feed her kids that week.... this was someone who had broken their back and hadn't worked in over a year.

She recently tried to get current on her dues and sent in a check for $900, the board REFUSED THE CHECK because it was $200 short and sent it back, and tacked on fines.

Anyway, I don't want to make this about MY bad HOA experience, I wanted to call people's attention to a REAL WORLD conspiracy going on behind their backs and something that people are getting away with, this should be a call to action to get to know your covenants and neighbors, tyranny is encroaching at the local level and we need to stop it.

I thought I would revive this thread with an article I ran across today.

Homeowner associations foreclose on residents

Not only do people have to worry about the banks foreclosing, they have to worry about HOAs foreclosing. Something is going to give and we are going to see someone go berserk soon if this type of crap doesn't stop.

The Inlet House condo complex in Fort Pierce, Fla., was once the kind of place the 55-and-older set aspired to. It was affordable. The pool and clubhouse were tidy, the lawns freshly snipped. Residents, push-carts in tow, walked to the beach, the bank, the beauty parlor, the cinema and the supermarket. In post-crash America, this was a dreamy little spot. Especially on a fixed income.

But that was Inlet House before the rats started chewing through the toilet seats in vacant units and sewage started seeping from the ceiling. Before condos that were worth $79,000 four years ago sold for as little as $3,000. And before the homeowners' association levied $6,000 assessments on everyone — and then foreclosed on seniors who couldn't pay the association bill, even if they didn't owe the bank a dime.

Normally, it's the bankers who go after delinquent homeowners. But in communities governed by the mighty homeowners' association, as the sour economy leaves more people unable to pay their fees, it's neighbor vs. neighbor.

I can't prove it, but in the last neighborhood I lived in, I'm certain fraud was going on. They were trying to modify the covenants to the point that the board could foreclose AND purchase the property. The problem is, you are "signing" a contract with a corporation when you buy into these covenanted communities, thus signing away your already limited (in post 9/11 America) property rights.

Try to understand that in this world we have people who are afriad.
These HOAs serve a purpose for those types of people.
This is really nothing more than a microchosm of the world we live in.
The people who gravitate to these types of tyrannical governments and actually DEFEND them are people
who NEED structure!!!!
They NEED to be told what to do!!!
They resent freedom and liberty and this is a way for them to live in an environment that they are comfortable with.
It may sound insane to YOU but if I were wrong then these HOAs wouldn't exist.
If I were wrong then our government wouldn't exist.
We are a race of people who are afraid.
We live our lives in fear and we need to be controlled.
We WANT to be controlled.
We BEG to be controlled.
We attack those who would try to free us from our shackles.
This is really just a view of what you can find in any country,anywhere in the world, just on a smaller scale.

I live in an HOA-run community. The board is made up of homeowners in the neighborhood with administration and oversight by a management company.

I don't always see eye-to-eye with them and yes, at times have wished to burn their offices to the ground BUT, my community has/does/is

-Maintains a high property value
-has decorative features such as perimeter fences are well-kept and not falling down
-has a community pool that is clean and well-maintained and totally invaluable on these 100+ degree days
-is actively involved with local police and emergency response groups so we get fast service and many drive-thru's which helps maintain a low crime rate
-no homes with (engine blocks/couches/cars/furniture/appliances/farm animals) in the front yard
-yards are maintained and well kept. That goes a long way to building a sense of pride in my neighborhood
-coordinates activities for kids and neighbors throughout the year

Those features and benefits might not be for everybody and many people are willing to sacrifice that so they can "do what the hell they want".

I just wanted to present an opposite side of the coin

I too lived in a neighborhood that had an HOA,in my opinion the board consists of non working people who lived a non descript life,they have nothing better to do then create drama,I finally found out how to beat the system,I made friends with the president,all of a sudden these little lame notices no longer adorned our front door,I was glad I sold place,all they are is a social click the board is comprised by a bunch of people with nothing to do,IMO they suck big time

The real solution here is to not move to the suburbs in the first place. You don't need to live in the city with all the other worker drones. Why do people want all that house and zero land anyway? I don't get it.

Originally posted by allenidaho
The real solution here is to not move to the suburbs in the first place. You don't need to live in the city with all the other worker drones. Why do people want all that house and zero land anyway? I don't get it.

I didn't grow up in the city, I grew up in the "country", yet I work in a major metropolitan area. I don't like the concrete, high-rises, city street and hustle and bustle... that's why I moved to the suburbs.

HOAs.... when I bought my first house, I didn't know that I would be signing away my property rights, I didn't know I was contracting with a non-profit company.

I'd prefer to by even further out, but at some point, commute time outweighs more land.

christ almighty is my hoa a pain in the arse. all the same old bats that all live around pool #2 have been running the board for nearly 20 years. selling is not an option as the property has hit rock bottom where I live.

a couple weeks ago I got fine threat in the mail for $500 cause some person caught me talking to a contractor. first of all I never did that, second how the hell could you fine someone for that?? now I got a meeting with executives for being reported by a person on property as repeatedly drunk, which is funny cause I go out of my way to stay away from these people and the common outdoor areas.

one guy who woke up to seeing a group of people going around his property with clipboards one night. when he asked what they were doing, they said they were inspecting his condo. a week later the hoa slapped $20k in bogus fines against his property as a lien. he went to court and won, also winning $4000 in damage for black mold. the hoa in response had an emergency election and changed presidents, which somehow got them off in the whole matter.

they all seem to buy new cars 2-3 times a year, even though they are all old farts on scrimpy SS checks. while looking through the finance reports, they write off things like $6000 bags of charcoal for pool parties, which as far as everyone knows, never happened.

these people need to be in nursing homes, not trying to run a community.

Originally posted by Finalized
I have come to the conclusion that Homeowner’s Associations are one of the most evil institutes in America. The reason I posted this in General Conspiracies is because it is one, probably the largest, non-talked about conspiracy in this country. In different states, there is documented proof of collusion between HOA Boards, management companies, lawyers, and judges to profit on the foreclosure of homes in covenanted communities. The worst states, currently, are California, Arizona, Texas, and Florida.

If you have never been involved in a HOA dispute, you might not realize what you have given away if you live in a covenanted community. Because you have signed a legal contract with a corporation (usually non-profit), you have signed away all of your constitutionally protected property rights, as any dispute is now a contract dispute. If you live in one of these communities, you are living in a private government with no checks and balances. Most homeowners are not aware that they are one Board election away from disaster; you are truly living in a politically unstable country!

HOAs are Fascist Totalitarian Terrorist Fiefdoms. You are completely right.
I was recently in a dispute with the board of one.
I purchased a property xx years ago. Last year
their inspector claimed a certain decorative feature was illegal
and I was responsible for violating the bylaws by installing it.
That decorative feature was on the property when it was purchased.
I did not install it and they were informed of that fact which they ignored.
The boards inspector viewed the property and issued a permit for the sale
but that decorative feature was not mentioned because at that time nobody
on the board cared about it. So it was permitted and grandfathered in
as far as I know by law.
Ten years later they tell me to remove it, after arguing with them and seeing
there was no way to win I removed it, even before the board meeting that it was
scheduled to come up. After the secret meeting which I didnt bother to attend
since I knew they would not allow the feature , I was notified I was to be fined XX dollars
for something that was on the property when it was purchased. NO EVIDENCE
WAS EVER SHOWN THAT I PUT IT UP..
Further more under Calif. law an HOA cannot force compliance after 5 years. This
feature was there for 11 years.
The boards actions amount to a Conspiracy to Violate the homeowners rights.

So you would think there is some recourse. NO THERE ISNT.
Before you can go to small claims court, you must according to the by laws and
california law go through non binding arbitration where a retired judge will give his opinion,
at A COST OF 750 TO each side.
Then you would go to small claims court with its dubious justice system as there is no real
law or right of appeal there.
You other alternative is to go to Superior court which will cost you from 20 thousand dollars
to 100s of thousands of dollars as they will fight you in court as hard as they can.
And the bylaws state if they win they are entitled to their attorney fees, yet
if you win I wonder how much you would get in attorney fees.
If had 100k in attorney fees andthe judge award you 80k in fees you would still be
out 20k in fees. Almost no one has that much money to spend fight the board.
They know this and can easily intimidate anyone.

Unfortunately this is all part of the New World Order Third World Society
america has become. An interesting and important observation
is the board members are not directly paid, yet have sunk to a
psychopathic mentality in attacking their member homeowners. Just
as money corrupts power corrupts and power attracts corrupt psychopathic
people.

And the board did they same thing to another person.
They can literally terrorize you when you realize they have
absolute power unless you can afford 100s of 1000s of $
to fight them.


You get as much justice as you can afford.

I believe an HOA can evict you from your own home,
based on your personal conduct. Say they claimed
you cursed at the building inspector. The board
could vote to evict you. You would then be forced to
hire a lawyer at tens of thousands of dollars to
fight them.
Based on my experience with them completely
disregarding the law on essentially meaningless
aesthetic issues over which no one had ever
complained and acting as a criminal conspiracy
in such matters there is no reason to think
they wouldnt do such an evil thing.

You are just a legal bill to them.
They are legalized terrorists.