Evil Hoa
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Have you ever gotten into a disagreement with your HOA? HOA’s are tyranny at home and are an integral part of the police state. Run by moral people, they can do good, run by amoral people, they are the tip of the spear for the police state. 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 and are in reality living in a tin pot dictatorship.
Some major issues with HOAs:
- NO due process, the Boards can issue a violation against a homeowner and be the one that settles the dispute
- 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
- Covenants are design with the HOA in mind and provide little or no homeowner recourse
- Boards, because you are living in a non-profit corporation, can meet in executive session, thus can legislate and plot in private
- Covenants are usually drafted by a lawyer and are usually written with excessive obfuscatory technical jargon
- Covenants do not specify penalties against board members, managers and lawyers who violate the Covenants
- Covenants do not give homeowners the right for access to the financial books and records of the association
- 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
- Association elections can be rigged and the vote count can be done in private
- There are usually no term limits for board members
- Currently management companies are not bonded in favor of the homeowners
- Audits are not mandated, and if they happen, are usually perfunctory and meaningless
- 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
- 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
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”.
My past neighborhood, that I moved out of due to a dispute with an evil board, tried to modify the covenants to submit us to the Georgia POA code and get the following in in the new covenants. Luckily, my wife and I were in dispute and were paying attention. We walked the streets, recruited street captains and knocked on every door of our 900+ home neighborhood. Here are some of the gems they were trying to get passed:
They tried to pass default approval of homeowner non-votes, the exact text was:
They tried including language granting the Board or agents of the Board easement onto any lot, the exact text was:
- Including language granting the Board the power to approve/deny lease language between a homeowner and a potential renter and evict said renter for violations
- Including language to grant the power of self-help (enforcing provisions) without notice to homeowner and charging homeowner for self-help
Prior to the Board attempting to submit our old neighborhood to the POA, there were already several examples of abuse of power
- A neighbor had $500 of unpaid dues, she was unable to pay due to medical reasons, the Board and the HOA attorney assessed an additional $800 fees. The neighbor attempted to pay, because she was $200 short, the HOA garnished her wages, leaving her with $1 in her checking account and no way to pay for food for her children. The current amount she owes the HOA is over $5000. This all began with $500, the rest are penalties and attorneys fees.
- A house was struck by lightening and partially destroyed. During the rehab of the house, the homeowners added on an additional room in the attic, because they didn’t seek prior approval, the Board extorted $5,000 from the homeowners by threatening a lawsuit
What to do? Call your state representative and urge them to pass a Homeowner Bill of Rights in your state.
If you live in GA, and I’m assuming other states are the similar, according to GA code Title 44, Chapter 5, Section 60, Subsection 2, you could work to terminate your Covenant. “..at least 51 percent of the persons owning plots affected by such covenant shall execute a document containing a legal description of the entire area affected by the covenant…Such document shall be recorded…within two years prior to the expiration of the initial 20 year period or any subsequent 20 year period. The clerk of the superior court shall index the document under the name of each record owner appearing in the document”