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Martyr or Maniac? Georgia Tech Edition.
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<blockquote data-quote="JDjacket" data-source="post: 565621" data-attributes="member: 1091"><p>In a list of things HOA's can't do</p><p></p><p>"</p><p><span style="font-size: 18px"><strong>3. Fine you for fun</strong></span></p><p>Fines are the lifeblood of a malicious HOA—and we cannot, unfortunately, tell you that they're blatantly illegal. But they "must be set forth in the association's rules and bylaws," says <a href="http://www.dinsmore.com/barbara-j-jordan-p-e-s-i/" target="_blank"><strong>Barbara Jordan</strong></a>, a real estate lawyer in Columbus, OH.</p><p></p><p>Are threatening letters making an appearance in your mailbox, telling you to trim that rosebush or face a fine? Check the community's CC&Rs before complying. If that fine isn't listed, you might not need to pay.</p><p></p><p>Of course, that doesn't mean your HOA board will roll over, either; you might need to appeal the fine. If so, first scrutinize those CC&Rs to make sure you have standing. Then, gather all the evidence you have and present it at the next board meeting. (Your HOA may have specific instructions for this process—make sure you follow them!) If your argument is sound, they could pull back the charges.</p><p></p><p><span style="font-size: 18px"><strong>4. Make decisions on the fly</strong></span></p><p>Your community's HOA treasurer can't suddenly decide she hates pink mailboxes. Next time Shirley Homeowner comes over complaining, practice these magic words: "Is that mentioned in the CC&Rs?"</p><p></p><p>And slipping rules in under the cover of darkness is an HOA no-no. The regulations for how <em>new</em> rules can be enacted should be outlined in your CC&R—and if the HOA isn't following its own stipulations, you have a valid complaint for any secret swashbuckling.</p><p></p><p>If you do suspect something shady is afoot, start requesting documents and attending public meetings."</p><p></p><p>So yea as [USER=2897]@bwelbo[/USER] said, check the actual rules and see if it's written in there or if it's actually been voted on.</p><p>Bottom line is I think HOA's telling people what they can and can't do to their property is absolutely stupid. I understand that there's circumstances where an extreme cases may lower surrounding property value, but I would say mailbox flag color is probably pretty negligible when it comes to affecting surrounding property value and sale price.</p></blockquote><p></p>
[QUOTE="JDjacket, post: 565621, member: 1091"] In a list of things HOA's can't do " [SIZE=5][B]3. Fine you for fun[/B][/SIZE] Fines are the lifeblood of a malicious HOA—and we cannot, unfortunately, tell you that they're blatantly illegal. But they "must be set forth in the association's rules and bylaws," says [URL='http://www.dinsmore.com/barbara-j-jordan-p-e-s-i/'][B]Barbara Jordan[/B][/URL], a real estate lawyer in Columbus, OH. Are threatening letters making an appearance in your mailbox, telling you to trim that rosebush or face a fine? Check the community's CC&Rs before complying. If that fine isn't listed, you might not need to pay. Of course, that doesn't mean your HOA board will roll over, either; you might need to appeal the fine. If so, first scrutinize those CC&Rs to make sure you have standing. Then, gather all the evidence you have and present it at the next board meeting. (Your HOA may have specific instructions for this process—make sure you follow them!) If your argument is sound, they could pull back the charges. [SIZE=5][B]4. Make decisions on the fly[/B][/SIZE] Your community's HOA treasurer can't suddenly decide she hates pink mailboxes. Next time Shirley Homeowner comes over complaining, practice these magic words: "Is that mentioned in the CC&Rs?" And slipping rules in under the cover of darkness is an HOA no-no. The regulations for how [I]new[/I] rules can be enacted should be outlined in your CC&R—and if the HOA isn't following its own stipulations, you have a valid complaint for any secret swashbuckling. If you do suspect something shady is afoot, start requesting documents and attending public meetings." So yea as [USER=2897]@bwelbo[/USER] said, check the actual rules and see if it's written in there or if it's actually been voted on. Bottom line is I think HOA's telling people what they can and can't do to their property is absolutely stupid. I understand that there's circumstances where an extreme cases may lower surrounding property value, but I would say mailbox flag color is probably pretty negligible when it comes to affecting surrounding property value and sale price. [/QUOTE]
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