First of all, this article is written from a California resident's point of view. Many of the information presented here relate to other states, but you need to check the laws of your country and make sure they are the same or similar.
For most people buying a new home today in the United States, home owners' organizations called "HOA" usually have an essential membership. These organizations are essentially mini-governments with the authority to enact and implement the law, including the right to mortgage family homes, townhouses or condominiums.
The original intention in the creation of the HOA envisaged active participation by all the members. A close knitting community where common problems were handled by community members through HOA's office.
Reality is not like a vision.
Today, in most cases, the HOA is very few people actively holding the authority of HOA, their hands only. Normally, these situations are thought to be due to lack of participation by a majority of HOA members.
There is a certain rationality for the Board of Directors to interpret the indifference of other members as a reason why members' participation is insufficient and the authority of HOA must be delegated to themselves. The community is divided into people who control the board and other people.
For all others, HOA is usually not easy to deal with. They seize houses, have the power to impose a sharp fine, and often manage aspects of community members. A typical American believes that while playing in his backyard it is a private right of a precious homeowner like your child can do.
Housing owners often find themselves in a contest with HOA for these rights. Can I park my car in the car? No, as HOA says, there are a few aggressive members who have passed the law that they can not park their cars on their roads unless you use the car every day.
Can my children play basketball in our backyard? No, we say HOA because we passed the law saying that a basketball court where a few active members can see from the street is not allowed. By the way, as there are few active members who passed the law that we have the right to see your backyard, you can cover that open fence to limit your visibility to your backyard can not.
Can you paint my window? No, Hua says ... because you get the picture.
I am reading the part you have found. How do you beat your HOA?
First of all, we need to pay HOA membership fee. Most homeowners who hit the battle against HOA on issues such as backyard activities, rules restricting the use of private cars and garages, refusal of planned housing improvement projects are often angry and paying membership fees I will quit.
This is a mistake. Pay dues. However, usually you can not pay late fee or fine. In California, HOA can not exclude your home based on accumulated late fee, fine, and other expenses such as collection costs. Unpaid late fee and fine.
The lawsuit will be huge as it will pay attorney fees in small-scale lawsuits or even on the limited courts of the upper courts. But the resulting justification does not override the existing mortgage, which means that the HOA has to pay a mortgage to live at home using the judgment ruling, (California At the moment of losing such a lawsuit, I will go to the State Bar and request Fee Mediation.HAA's attorneys will claim like a first-class attorney, but as in the first year I will charge to customers I will.
But that should not keep it away, is that so? There are some basic rules when dealing with your HOA.
In the HOA, normally there is no properly elected board of directors. As soon as you receive an annoying letter that will stop children from playing in the backyard, please send us a copy of all the operational documents.
Hopefully, HOA denies or ignores this request.
They can not refuse or ignore requests for copies of managed documents.
Please obtain copies of all administrative documents and check the composition of appropriately elected board of directors. In a community where committee participation is limited to a small number of people who want to be a member of the board, there was never a "quorum" achieved to properly select the executive board.
Therefore, the board usually sits by default.
The default board has limited scope of authority, in some cases no authority.
Always reminds you of not being appropriately elected to the Board in all your correspondence.
Please follow the basic procedure below.
1. Discuss the problem by discussing with members of the Board seeking "encounter and appeal". HOA can not deny your encounter or appeal request. Record videos in the conference.
2. Request a hearing before the executive board. Record videos in the conference.
3. Appeal the decision of the Board. Recording an appeal hearing in a video.
4. Requests mediation after the council affirms the previous decision at appeal trial.
Normally, members of the HOA Executive Board members are not familiar with the laws governing the operation of the HOA. Many are familiar with the relevant mortgage law part and of course keep in mind the HOA rules and regulations.
However, I learned that I am often unfamiliar with the requirement for the board of directors to meet and consent in good faith. Therefore, members of the Board of Directors who are supposed to be present meet, but it is common not to attend. In good answer to your question sincerity is necessary to make the kind of answer provided by typical HOA Board members proper.
For example; you have received a letter saying that you have to travel the 1966 Ford Mustang from your driveway as you are not driven every day. That's right, you say, "What is the proof that it does not move everyday?"
We will reply to HOA Board members "We have anonymous hints from other homeowners."
But what is the proof that the Mustang does not move everyday? Simple complaints are not proofs and will not rise to the level of violation. The complaint was a fact or a mere opinion. So, what kind of evidence do you have? "
It is very likely that "allegating members" were not other members of the board of directors who discussed your Mustang at the last meeting. Therefore, there is no evidence.
Please write a summary of the meeting and tell me. It states that there is no evidence of violation by members of the Board and therefore there is no export of violation.
When the HOA sends you the next letter, if there is a threat to move the Mustang normally or a threatening to face a sudden fine, please send a letter to condemn you for a violation. Remember that they are not properly elected and that the conference results and consultation are advantageous to you rather than HOA.
HOA is provided to set up a hearing in case evidence of your violation is presented and to control the evidence and testimony provided at the hearing. Please request such a hearing and confirm that you are present. We recommend you to record the meeting on video.
Not surprisingly, the HOA will agree, even if there is evidence to prove that a violation has not occurred, or if there is no evidence to prove that the violation was experienced.
Confirm that you are presently seeking an appeal, yes, record it in a video. In the appellate trial, we point out that there are no facts that the board members are not properly elected and support the previous decision.
When the Board confirms previous judgment, it requests mediation.
In arbitration, the Board of Directors is not appropriately elected, met in good faith, pointed to an arbitrator who consults sincerely, conducts a disciplinary hearing without evidence that a violation has occurred, and the opposition evidence and / or evidence In spite of their lack, they supported their ruling.
The mediator only wants to break the problem into two. If you are fined $ 1000, you will encourage $ 500.
refuse.
Your next step is the most important. The HOA expects to pay the highest court lawsuits to force operational documents or in the most illegal circumstances.
Instead, I will submit what is called "writing of obligation". This is an appropriate venue to challenge the Board's ruling.
This will cost a lawyer, but that is victory. HOA and its attorneys are usually not familiar with this particular judicial option and are completely thoroughly out of control when they face the execution enforcement order.
However, the written court amuses you because it is appealing to administrative agencies that are obliged to accept and adjudicate according to the evidence and testimony presented. And they can not rule over evidence and can be revoked at the next High Court. In California, the next High Court on HOA's appellate trial is the judge of the upper court.
If you carefully edit the above evidence, you are likely to win. Fines will be canceled, late fees etc will be invalid and your lawyer will be paid by HOA.
Then HOA blindly looks at your Mustang, or your child's backyard basketball court, looking for easier victims.
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