Imagine if they could void the HOA portion of the contract and keep the house, how sweet would that be! That would start a good revolt to toss out the HOA board and dissolve it
We lived in an HOA community in Norfolk, VA. All was good for about seven years then an election brought in new Board members and everything changed. The new board members paid themselves out of general funds and began doing projects for themselves and their friends. Our monthly fees increased almost 100% in two years. They refused multiple requests for financials and I finally had to sue to get financials and to stop that behavior. We won, but was painful and we sold our home. This experience taught us that no matter how good things may be, you are ALWAYS one election from tyranny.
My wife and I have "been there" the HOA was bankrupted after a new board was voted in and "began paying itself" out of general funds...The president was arrested on fraud, the five remaining board members agreed to refunding the homeowners...Only problem with that you say ?! There was no money to refund...The charges were dropped and she freaking came back. We sold and moved...never f'ing again is all I can say!
My old HOA contract not only had rules on such elections, it also detailed how the HOA contract could be changed and even discarded. Changing the contract I was in was a homeowner vote. The leadership couldn't stop a vote to change the contract. It only required a 3/4 vote of owners. It is possible to fix the contract.
@@frpgplayer Yep mine has an auto renewal of the covenants every 10 years without a 2/3rds vote to abolish. Unfortunately plenty of cultish personalities have bought into the disproven value of HOAs. New research shows non-HOAs increase more in value.
That should void the contract and the buyer's signature with the HOA. The buyer has a perfect case that they now do not belong to the HOA. And do not owe them a dime in assessments.
It should; seems like the best move is to get the title company involved. With several title companies from several purchases getting involved; shearing the properties out of the HOA might become plausible.
Smaller problems than this are grounds for either voiding the purchase or massive price decrease here in Finland. As an example there's often news about a home that was sold as not having water damages having those and the seller losing in court.
The problem is that the encumberment of the property being in the HOA is recorded on the deed itself and is not just a contract between parties. Like an easement, about the only party who can break that is whoever has the encumberment- in this case the HOA, as we know they are not going to do that. Nor can they be forced to. I would take a different approach and instead of specific monetary damages, I'd ask a Court to issue a permanent injunction against the HOA charging me for any debts incurred before the time of purchase as you have enough evidence to prove they did not disclose at least one debt to you, therefore trust has been broken and you cannot know that this is the only error in disclosure. If the injunction was denied would I then go after monetary damages, and I'd hold that over the head of the HOA as leverage to have them agree with the injunction since that would cost them less.
@@georgiapatriot4575 Rick: How can you close me up? On what grounds? Captain Renault: I'm shocked! Shocked to find that gambling is going on in here. [a croupier hands Renault a pile of money] Croupier: Your winnings, sir. Captain Renault: [sotto voce] Oh, thank you very much. [aloud] Captain Renault: Everybody out at once.
Imagine suing your HOA and then having to pay for the HOA's costs with fighting your lawsuit against them. This seems like the definition of a lose-lose.
You have to make it clear _in the lawsuit_ that damages cannot be fed back on the victim, or victims. In some cases, you can go after the HOA and the specific officers in question.
"Leverage power?" You think the HOA prez or board created this situation? They have a management company and attorneys who advise them on how to act and what is a legal position to hold. It's never as simple as "just blame those guys!"
@@rapid13 It is indeed as simple as putting blame on those guys. You don't sit there as President and hold zero accountability. The Board failed to disclose and as such should be sued for it. Not the HOA itself, but the leadership who was responsible for making sure all the information was accurate.
@@rapid13 The HOA did in fact create this situation. Just because they hire out the creation of the disclosure statement does not absolve the HOA from reading what was created and ensuring that it was in fact correct before signing. I do believe that creating some sort of contract between the HOA and the affected homebuyers freezing their HOA dues and any future buyer of said property at current levels in perpetuity cold be a viable remedy.
@@TrackerRoo And if the Management company was the original cause of the lie the HOA board can THEN go after THEM for damages. Its how our legal system works(or is supposed to work).
@@JJ-jn5lr AFAIK no- there has never been a removal as that is part of the property deed. But you could ask to be exempted from any part of the undisclosed debt and any expenses it incurred or incurs including all legal costs.
@@fposmith Yes, but that could be harming an innocent party- the seller, who may not have been aware of the error, or might now even have been aware of the lawsuit at all. I don't give a rat's heiny about the real estate agent; they're leeches who add no value but make lots of money for doing it. I do care about the seller who is doing the right thing getting rid of an HOA-encumbered property.
@@P_RO_ The seller would then sue the HOA for withholding information, assuming the seller could prove they were never told about the litigation. This is how our system works. You sue who directly wronged you and they sue who ever directly wrong them and so forth and so on.
I’ve never lived in an HOA. They never appealed to me because I could not imagine buying a home, paying the mortgage and then pay another hefty payment for the pleasure of telling me what I can and cannot do on the property I own. 😂😂 Not to mention, every single person I know that lived in one absolutely hated it. My one friend had a very beautiful, large home in an HOA. She complained all the time. When her kids got older and she was downsizing, she had a hard time selling it because it was in an HOA.
@@kellidinit3725Agree, the only thing you own in an HOA is the air inside the walls. The actual owner of the "your home" is the Corporation which is the true boss. Why? Well, the city/county found a way to make people pay for more and therefore have less responsibility over all. Such as? Water/sewer lines, the city stops right at the HOA line. Don't believe me? Do your own research, you'll be amazed...
@@HTCM8FLY oh, I already know. My guys nephew just spent two years looking for house because of that. He did finally find one that is a fixer upper. He changed realtors because they kept showing him homes and when he was ready to put his bid in, they told him about the HOA. It’s hilarious, because they actually try to make you excited about it being in an HOA. He flat out told the second realtor if she showed him one house in an HOA he would take his business elsewhere.
The Power Ranch Community in Gilbert AZ, in case anyone is interested. This also isn't the first time they've had problems. They not only are not telling new prospective residents about the lawsuits (yea, there's more than one) , they didn't tell the current residents either.
@@living2day617 They may not be on the board on the day you buy, but over the course of 20 - 40 years of ownership you can be sure the Kevin and Karen will eventually be on the board, often simultaneously and once there will never give up.
A ton of condo associations in Florida are engaged in this right now. They're claiming tens of millions of dollars in hurricane damage and are not disclosing this to people buying condos there. Instead the real estate ads claim no damage, beautiful condition. It's a giant scheme going on right now.
Lot of HOAs in Florida have been jacking their rates the last few years. One lady said hers increased 300% from last year to now. Lot of the retirement crowd is now being priced out of the HOA paradises they helped establish. When they can just decide to increase rates without a vote by the residents you know that isn't something you want to live in.
@@TrackerRoo , it's happening largely because far too many condo associations totally mis-managed themselves for decades! By failing to properly fund their reserves and deferring important maintenance, they dug themselves quite a hole. Now it's time to pay the piper. Combine that with absolutely out-of-control insurance costs, and Florida condo owners are now facing a perfect storm.
Well honestly, if you buy property in Florida, in the long run you're setting your money on fire. The state is going to be underwater decades from now, sooner for some areas. It's not like anyone with any sense would think that property is a good investement.
@@martenkahr3365Eh, it just means you have to be more picky. I bought my home in 2022 with no HOA, and yeah only about 15% of the homes in my area could be considered, but you only need one to live in 😊
Speaking of "technical glitches," I worked for many years in the reimbursement end of medicine (insurance, compliance, etc). Over the years, change after change happened, requiring us to adjust our procedures to keep up. Interestingly ::cough:: EVERY SINGLE CHANGE was to the advantage of the reimbursement entities. Never ever EVER did a change come that favored the providers (doctors, hospitals). How very interesting.
When I purchased my first home (townhouse/condo) my VERY WISE lender suggested the first question to ask the selling agent was “is this complex in any litigation?”. This saved me MANY headaches and time. The complex I eventually purchased in was awesome and took great care of OUR investment.
Always, value an HOA house at one cent on the dollar. That was my experience in Virginia in the 90s. Complaints on flowers color of drapes not in rules either. They would come in the yard and complain about things not visible except from the yard such as the patio chairs and table
Supposedly HOA's are supposed to increase home value, but I refuse to believe it. I've yet to find anyone who refuses to buy a home that's not in an HOA, but know tons of people who refuse to buy a home that's a part of an HOA. That has to make a difference in what kind of a price you can get for the home.
@@shadowninja6689 I got family land and built a house. I being in the country had no trouble finding property, but the neighbors were too close. 5 acres of wooded land works for me.
No laws anywhere that force HOAs to exist within reason. Pretty much as long as the Karen in charge isn't actively breaking a law, she's free to do whatever she wants and you signed an agreement allowing it. HOAs need to be banned, nothing good comes from them
@@TrackerRooNot quite. In VA a house on very low acreage is normally in an HOA which has unbuildable acreage to make the acreage meet the average required by building code. No, I’m not defending HOAs just pointing out that in areas with high land costs they are often all someone can afford.
@@TrackerRoo Great comment, concur. The state has to patticularly create laws targeting in order maintain a good system. Without these laws, the HOA runs amock and no one can stop it. Think about it, is a private organization, with private individuals. Go ask you local polititians and city admin if they live in HOA. They ain't dumb enough.
I bought into a townhouse community with HOA. Within 2 weeks i was falsely accused of destroying the compactor and they levied a $1700 fine against me AND sent me a scolding letter about "responsibility to the greater community." ( I served this nation during time of war, in uniform, overseas, I sort of get it. None of the HOA board members ever served) I had to join the board to combat this sort of crap. I managed to get the BS fine waived. Within a year the garbage board members were voted out and gone and our current board is made up of sane, NON Napoleons who aren't running around making other folk's lives miserable.
The EASIEST and cleanest way out is to make the "Management Company" liable for ALL fee increases for EVERY home buyer affected from the last 18 months. HOA is covered, homeowners are covered, the responsible party PAYS!
It's all in the documents you sign to join that HOA. You give up your right to ownership if you don't follow the rules. HOAs are nothing but a criminal operation aimed at the elderly and stupid yuppies.
@@phillipsusi1791 This is very true. However the city/county doesn't tend to take your home from you for painting your house an ugly shade of yellow. Washing your car in the drive way. Or putting up 70's era curtains.
@@TryssemTavern They have been known to seize people's homes for having cars up on blocks in the driveway ( and doing so for years and refusing to remove them or pay the fines ). A friend of mine got a letter from the City that she had to pressure wash the mold off of her fence. I'm just saying, all of this hate for HOAs is totally irrational and it isn't like you don't have to still follow other rules without an HOA. It seems like it is coming from these "sovereign citizen" types.
Correct, the only thing you own under mortgage is the AIR between the walls. The "corporation" owns the land and all the real estate. In HOA you just get an exclusive license to reside, mainatin and sell.... Do not do it.
I'm surprised that someone in the legal realm finally said aloud that an HOA is a form of government. It's well past time to admit that an HOA **is** part of the government of the homeowners within it, and that HOAs get held to the same constitutional constraints as all other levels of government, most especially the due process clause of the 5th Amendment.
Don't forget the 4th Amendment Protection against Unwarranted Search of your Property... That would stop all the HOA Busy Bodies in their tracks when they want to walk into your back yard looking for Violations...
@@HappilyHomicidalHooligan That's already covered under trespass laws which have more tangible consequences since the individuals involved can face criminal charges.
Negative, the "corporation" is a private entity, when you buy HOA is buying under a private local goverment, yes controlled by all common laws and ordinances but ANYTHING not address in law, well, is up to the private goverment to discern and apply... Do not buy HOA, you'll regret it.
Probably the Queen Karen and done intentionally. You cant collect dues from the new neighbor until they sign into the HOA. And if she told them there was a legal claim against the HOA no one would want to move to their little "community." Karens will do whatever it takes to save face and manipulate others.
I'm not accusing an HOA board of hiding behind passive phrasing to escape legal accountability for deceptive practices, and duty to correct them. But "technical glitch" is the new term for "mistakes were made."
I'll never be in an HOA again. After dealing with a neighbor from hell that had nothing to do but walk the neighborhood watching everyone and looking for violations all day 7 days a week. No more of the letters on my door "It has been brought to our attention...." 😡
Red Flag 1: The home is IN a Homeowner's Association. Red Flag 2: She was NOT told about the lawsuit. Red Flag 3: The paperwork did NOT mention the lawsuit. Any ONE of those would be a dealbreaker for me, and yet we have all THREE in this case.
AZ law allows (forces) buyers to pay $500.00 in escrow for a copy of the CC&R's. I bought 2 houses in HOA's cheap because the owners were being harassed and just wanted out. My nightmare started with those fees and continued for the year that I owned them.........FHOA's
They ought to be able to buy a home anywhere in the US and not be subject to the HOA. HOA are parasites that attach themselves to your wallet and do nothing for the homeowner.
So their only recourse is to sue in civil court? Sue who? The HOA? The HOA that they now pay dues into? The HOA that if it loses the case will just increase the dues so the person who 'won' the case ends up having to pay themselves?? How can this possibly be so one sided? If it were the other way they'd put a lien on your house and sell it out from under your feet
I can't help feeling that media is doing a PR campaign to get public support to remove squatter's rights, which are constitutional btw. I can't help suspecting that the massive propaganda campaign to blackwash squatters to be something evil in the eyes of the public are being bankrolled by bankers, IRS, and HOAs who are the main beneficiaries of such draconian laws. HOAs can, will, and do sell people's homes out from under them, while they are still living there. New laws are aimed at calling homeowners 'squatters,' and removing them in ways designed to traumatize the children involved (read sheriffs in the middle of the night). That's right, to allow squatter rights to be removed may prove to be the only protections you and your family may one day have. Especially if you live in an HOA. Do your own research, you may be shocked to learn the definition of who is a squatter. You may find that anyone who has a dispute with their HOA, or with the IRS over taxes, etc. are defined to be squatters from day one of that dispute, and only squatter's rights allow them the ability to stay in their house until after litigation is over. Whatever you find out, just know that media-driven PR campaigns are never in your favor.
Steve, you didn't address the possibility of voiding the purchase. Guessing that since you didn't, not isn't possible, but would be nice to hear the explanation on that topic. Thanks.
We purchased a bank owned home in a HOA that had been in a litigation and there was a special assessment that was due. So we got to wait until the bank paid the special assessment, because no one would lend on the property and we were kinda keen to not be the one to have to pay it. Fun times. We moved onto a non HOA home for a quiet life.
I moved to HOA 3 weeks later special assessment $2 k for roof repair. I asked Realtor and she didn’t know. No one know anything. The plan to repair the roof was done in 3 years ago.
When a company is caught in a lie, and compounds it with another lie, this should become a criminal offense on the part of the person pushing the second lie. Whomever at the management company blamed the issue on a technical glitch should be facing jail time.
One of the primary stated reasons why HOA's exist is that the HOA somehow preserves and enhances the value of the properties in the HOA. The more stories like this the more I foresee a time when membership in an HOA actually devalues a home (It already does for me, but I'm a curmudgeon so I'm probably not in the majority ... yet). When that happens, since HOA's are ostensibly about preserving and enhancing property values, will the fact that they do the opposite be a legitimate pretext for home owners to sue to dissolve their HOAs?
I saw on another RUclips video that there has now been some study done somewhere , that showed that Houses in HOAs are now starting to be less valued than those with a clear title without HOA conditions baked in. So yes you are correct, in that, HOAs now have so much bad press, nationally throughout 'Merica, and so many horror stories, that financially speaking, people may be better off buying elsewhere.
As a real estate broker, I am begging, pleading, and groveling to everyone out there not to purchasing a home involved in a HOA. You will be putting your livelihood into a “prison cell”. My real estate company will never sell a property that is part of a HOA! It’s your land and one should have 100% full rights on what to do on your own land.
Know a guy who was about to buy into an HOA when he spoke to a guy who was a pipe fitter. The pipe fitter said that the HOA was told by his employer that they needed to replace the entire aging water and sewer system. The HOA decided not to do it, even though the repairs had to be made. For some reason, the HOA had a quite a few houses for sale. Expecting at least a 25k bill for each house.
Mr. Lehto, perhaps you should start making occasional videos advising folks to stear clear of home purchases involving HOA's like you do with purchasing RV's. It is obvious that there is the same level of problematic issues when doing so. We decided over a decade ago to never buy a home within the confines of an HOA because of this.
the VERY first thing I asked my realtor when I looked at my home, was "Is it HOA"? because I refuse to live in or near one! even 20 years ago I knew, "HOA BAD"!!
They broke the contract. Once the very first person manages to have bought an HOA house AND to get out of the HOA while staying in the house -- which if they broke the contract, that's what should happen -- then there will be a damn-bursting flood of people leaving HOAs and staying in their home. RID THE NATION OF HOAs. They had HOA-type tyranny back in Germany 1930-40s.
I owned a condo in a HOA with management who were not enforcing the CC&Rs. People were treating community areas like their personal space. I found it very easy to file a small claims case against the HOA and they settled immediately. No more condo HOAs for me.
I once had an apartment charge me a higher fee than what was stated in the lease agreement. The apartment said it was a system error and that I knew what the fee actually was. I told them it doesn't matter what I know or don't know what matters is what is in the lease. Not only did they create the lease but also signed the lease. They had two chances to discover any errors. I basically paid the amount that was in the lease and each time a note saying I am paying this amount as per my lease and documenting it as per my lawyer's advise. Eventually the apartment realized they weren't going to bully me and started charging me the proper amount per the lease. Funny thing is the person who signed the lease didn't work there much longer and even shortly after that the property was bought by another management company.
They count on people not reading the contracts. I rented a condo recently and the lease said that I was in charge of mowing the lawn. I asked them how much of the courtyard each unit has to mow, and they removed that from the contact.
Another quantifiable damage would be the new homeowners' portion of the legal expenses the HOA has paid since the home was purchased. Even if the dues don't increase, the loss of money to pay legal fees is an opportunity cost preventing their HOA from making other improvements with those funds.
It was a happy day when I moved from a house in an HOA community to one without an HOA. Last thing the HOA pulled that raised my eyebrows was the special assessment to replace the wooden gazebo that got hit by a drunk driver. Drunk driver's insurance didn't cover the full replacement. It was in the bylaws, and it was only $20. Not a big deal, but... They built a much bigger brick gazebo that was now lighted. Hold on now, who approved that?
HOA's are a big problem here in Toronto and the GTA. We recently had a resident here go on a murder rampage of board members, within his building and killed off several board members. As it turns out, a couple of board members still had financial connections to the developer long after the HOA took over.
News articles said he ha MH issues that was filing lawsuits against the board for his inability to breathe in the electromagnetic radiation because his condo was beside the electrical room
That management company should see serious legal ramifications, up to and including its desolving and the executive board being on the hook for the whatever damages the defrauded homeowners have incurred and barred from ever being an executive in that industry again
what they should do is sue the hoa management company and request a void of the hoa contract due to potential future liabilities that they purchased under the home-buyers under false pretenses without complete information on the contract they were signing. win-win.
There are actually two types of damages here. The diminution of value of the house, AND the exposure to future fees and assessments due to the lawsuit. The buyers need to be made whole for both torts.
One of the other possible issues is that the developer is renting units within the HOA (the subject of the lawsuit). There's usually a minimum number of units that have to be sold before the ownership/control of the HOA transfers from the developer to the homeowners. For example, in Florida it's 90%. If the developer is holding onto and renting out enough units (over 10% in the Florida example), he then keeps full ownership and control of the HOA, and the homeowners and residents in the community get no representation on the board at all. So, yes, it still functions as a miniature government, but as a dictatorship under the full control of the developer, not a democracy where anyone else gets a vote. I suspect this is at least part of the reason the HOA is being sued in the first place.
Since I used to work for one of the people in my home state that was a realtor shooting for the HOA rules and laws here, I feel confident telling you that HOA"s were and are a scam, concocted by real estate purveyors to sell you property that you do not actually own. Understand that most of the larger city councils in the US have some to many real estate people on them will aid your thinking .
It still baffles me that HOA's madeup rules and regulations apparently can supersede local, state and especially federal laws regarding homeowner's rights. Only the US allows this level of insanity to thrive.
Some rights can be ceded, it's completely ordinary. The issue with banning HOAs is you'd effectively have to ban contracts and liens, since people voluntarily agree to belong to these organizations and place their property in it.
No one is forced to buy a home in an HOA, and every buyer has an opportunity to review the association's governing documents and financial records prior to purchase. They can also review state laws pertaining to HOAs Clearly, it's all too complicated for you to understand.
I bought a home that stated there was a “shared” driveway with the neighbor. That turned out to be false. There was no easement & the neighbor owned the land. I was totally screwed by the realty company. It was a nightmare dealing with the neighbor & wound up moving.
@@nicwelch Michigan is one. I was on a COA board. COA is about 20% the cost of HOA licenses. So everyone owned a house in a condo association. When Michigan started mandating it to developers it stabilized the road commission budgets. Association is responsible from existing road through the association and by law must maintain all roads to emergency vehicle standards of use. Trash pickup is also mandated by the state as it is a health issue. Water is given options but also must meet state mandates for public water. I got out when the board wanted to spend money on stuff the state wasn't mandating us to provide or do. If the board has the philosophy that we're going to follow the bylaws as the state requires and nothing more, associations are not bad. From experience, the ability to control others goes to people's head and they want control and to spend others money.
@@trekie30122I'm sure the residents wished you had stayed and voted against all their nonsense. And maybe requested the other board members commit woodchipper Sudoku.
I’m currently selling my home and the disclosure form was extremely long and detailed. One of the questions asked specifically if I was in an HOA (I’m not) and another asked if me or my property was under any litigation (also no). After the litigation question, if marked yes, it asked for a myriad of details.
I’m in the mortgage business and that is part of our questionnaire we send to the HOA. Any competent buyer’s attorney would have asked (assuming the buyer didn’t cheap out and not use an attorney).
My house was sold to me with an undisclosed lawsuit. The seller dropped the lawsuit so I could buy the house and then reopened the lawsuit a year later. The psychopath actually wanted me to join his defense to help him sue somebody else.
@@roflchopter11 That’s why I no longer live in the city or suburbs. Amenities in a community can be provided without restrictions. But that’s not how most work. The amenities are essentially bait. Read the regs. Get a lawyer to evaluate them. But remember the rules can be changed. Me, I choose to not roll the dice.
@@oldjarhead386 Your call. Not everyone has bad HOA experiences. An HOA is a true democracy. Every home gets a vote on major decisions, including who shall be on the board. Most people who I've heard of complaining on their HOA were people who knew the rules (or should have) when they bought/built their home, voted on an issue, and were in the minority. The board or management company in this case was negligent, and most likely have insurance to cover their negligence. Good luck.
The car comparison makes me think of a tweet It was a guy who said he worked for a mechanic, and they were talking to a guy who just got his duelly truck (the trucks with 4 rear wheels) after 2 years of waiting due to chip shortage, but they stepped out and it was crashed in the parking lot (he had a picture of this). Later CCTV footage revealed it the porter, who smashed the side of it by accident, walked in the door to call out as sick, and never came back.
The first red flag should have been ‘this home is within a HOA’
Unfortunately in more and more areas you really have no choice, HOAs are a plague that's taking over the whole country.
Imagine if they could void the HOA portion of the contract and keep the house, how sweet would that be! That would start a good revolt to toss out the HOA board and dissolve it
...or an ARC - the HOA's nasty little cousin.
@@redlogicsquareWhat does ARC stand for?
It's almost impossible to buy a home without an HOA anymore.
Remember, even if you have a great HOA you love, you are always one election away from this situation.
We lived in an HOA community in Norfolk, VA. All was good for about seven years then an election brought in new Board members and everything changed. The new board members paid themselves out of general funds and began doing projects for themselves and their friends. Our monthly fees increased almost 100% in two years. They refused multiple requests for financials and I finally had to sue to get financials and to stop that behavior. We won, but was painful and we sold our home. This experience taught us that no matter how good things may be, you are ALWAYS one election from tyranny.
Works that way in the good, ol' US of A, too. Just look at the last four years 😤
My wife and I have "been there" the HOA was bankrupted after a new board was voted in and "began paying itself" out of general funds...The president was arrested on fraud, the five remaining board members agreed to refunding the homeowners...Only problem with that you say ?! There was no money to refund...The charges were dropped and she freaking came back. We sold and moved...never f'ing again is all I can say!
My old HOA contract not only had rules on such elections, it also detailed how the HOA contract could be changed and even discarded.
Changing the contract I was in was a homeowner vote. The leadership couldn't stop a vote to change the contract. It only required a 3/4 vote of owners.
It is possible to fix the contract.
@@frpgplayer
Yep mine has an auto renewal of the covenants every 10 years without a 2/3rds vote to abolish. Unfortunately plenty of cultish personalities have bought into the disproven value of HOAs. New research shows non-HOAs increase more in value.
That should void the contract and the buyer's signature with the HOA. The buyer has a perfect case that they now do not belong to the HOA. And do not owe them a dime in assessments.
It should; seems like the best move is to get the title company involved. With several title companies from several purchases getting involved; shearing the properties out of the HOA might become plausible.
Dream On!!!
At least in costs to the hoa to support the lawsuit
Smaller problems than this are grounds for either voiding the purchase or massive price decrease here in Finland. As an example there's often news about a home that was sold as not having water damages having those and the seller losing in court.
The problem is that the encumberment of the property being in the HOA is recorded on the deed itself and is not just a contract between parties. Like an easement, about the only party who can break that is whoever has the encumberment- in this case the HOA, as we know they are not going to do that. Nor can they be forced to.
I would take a different approach and instead of specific monetary damages, I'd ask a Court to issue a permanent injunction against the HOA charging me for any debts incurred before the time of purchase as you have enough evidence to prove they did not disclose at least one debt to you, therefore trust has been broken and you cannot know that this is the only error in disclosure. If the injunction was denied would I then go after monetary damages, and I'd hold that over the head of the HOA as leverage to have them agree with the injunction since that would cost them less.
HOA that lies? I'm shocked
shocked, shocked I say... well, not that shocked.
@@georgiapatriot4575
Rick: How can you close me up? On what grounds?
Captain Renault: I'm shocked! Shocked to find that gambling is going on in here.
[a croupier hands Renault a pile of money]
Croupier: Your winnings, sir.
Captain Renault: [sotto voce] Oh, thank you very much.
[aloud]
Captain Renault: Everybody out at once.
Imagine suing your HOA and then having to pay for the HOA's costs with fighting your lawsuit against them. This seems like the definition of a lose-lose.
Great comment. Don't do it
You have to make it clear _in the lawsuit_ that damages cannot be fed back on the victim, or victims. In some cases, you can go after the HOA and the specific officers in question.
Dangerous Arizona Snakes 🐍: 1) Rattlesnakes 2) King snakes 3) HOA Constrictors
& POS Police Departments throughout the State where the word "No" = The smell of weed. FACTS!
King Snakes are NOT dangerous. Sidewinders are.
@@barto6577 Thanks! I almost wrote this on my Veterinary license exam 😱
@@barto6577
Tell that to the critters they eat. 😅
@@TryssemTavern To rodents, lizards, and Rattlesnakes yes, Humans no. They do make decent pets though.
0:58 no red flags? It has an HOA! That’s a gigantic red flag!
Make the HOA president/leadership personally liable. They shouldn't be able to leverage power but then shirk responsibility.
"Leverage power?" You think the HOA prez or board created this situation? They have a management company and attorneys who advise them on how to act and what is a legal position to hold. It's never as simple as "just blame those guys!"
@@rapid13 It is indeed as simple as putting blame on those guys. You don't sit there as President and hold zero accountability. The Board failed to disclose and as such should be sued for it. Not the HOA itself, but the leadership who was responsible for making sure all the information was accurate.
@@rapid13 The HOA did in fact create this situation. Just because they hire out the creation of the disclosure statement does not absolve the HOA from reading what was created and ensuring that it was in fact correct before signing. I do believe that creating some sort of contract between the HOA and the affected homebuyers freezing their HOA dues and any future buyer of said property at current levels in perpetuity cold be a viable remedy.
There's usually an immunity clause involved among all the paperwork you signed and thus agreed to when you bought in. Welcome to the world of HOAs.
@@TrackerRoo And if the Management company was the original cause of the lie the HOA board can THEN go after THEM for damages. Its how our legal system works(or is supposed to work).
This is a serious fraud to the home buyer the defrauded owner should be exempted from any judgment.
@@JJ-jn5lr AFAIK no- there has never been a removal as that is part of the property deed. But you could ask to be exempted from any part of the undisclosed debt and any expenses it incurred or incurs including all legal costs.
Non disclosure can void the contract. Real Estate agent and seller liable for all expenses plus damages !
@@fposmith Yes, but that could be harming an innocent party- the seller, who may not have been aware of the error, or might now even have been aware of the lawsuit at all. I don't give a rat's heiny about the real estate agent; they're leeches who add no value but make lots of money for doing it. I do care about the seller who is doing the right thing getting rid of an HOA-encumbered property.
@@P_RO_ The seller would then sue the HOA for withholding information, assuming the seller could prove they were never told about the litigation. This is how our system works. You sue who directly wronged you and they sue who ever directly wrong them and so forth and so on.
@@fposmith What if the real estate agent didn't know about it either? They were probably in the dark about it as well if they weren't told.
I'm so glad I live in the country now. I lived in a HOA for many years. I'll never do it again.
I’ve never lived in an HOA. They never appealed to me because I could not imagine buying a home, paying the mortgage and then pay another hefty payment for the pleasure of telling me what I can and cannot do on the property I own. 😂😂 Not to mention, every single person I know that lived in one absolutely hated it. My one friend had a very beautiful, large home in an HOA. She complained all the time. When her kids got older and she was downsizing, she had a hard time selling it because it was in an HOA.
Don't need an HOA if you have tons of acreage buffering you from neighbors.
@@kellidinit3725Agree, the only thing you own in an HOA is the air inside the walls. The actual owner of the "your home" is the Corporation which is the true boss. Why? Well, the city/county found a way to make people pay for more and therefore have less responsibility over all. Such as? Water/sewer lines, the city stops right at the HOA line. Don't believe me? Do your own research, you'll be amazed...
@@HTCM8FLY oh, I already know. My guys nephew just spent two years looking for house because of that. He did finally find one that is a fixer upper. He changed realtors because they kept showing him homes and when he was ready to put his bid in, they told him about the HOA. It’s hilarious, because they actually try to make you excited about it being in an HOA. He flat out told the second realtor if she showed him one house in an HOA he would take his business elsewhere.
The Power Ranch Community in Gilbert AZ, in case anyone is interested. This also isn't the first time they've had problems. They not only are not telling new prospective residents about the lawsuits (yea, there's more than one) , they didn't tell the current residents either.
Thanks, fascinating reading up about it from the UK
Do not buy in a HOA
@@living2day617 They may not be on the board on the day you buy, but over the course of 20 - 40 years of ownership you can be sure the Kevin and Karen will eventually be on the board, often simultaneously and once there will never give up.
People who buy in an hour are the same idiots who buy time shares
In Florida, you don’t have much of a choice otherwise.
It’s just about impossible to avoid HOAs when buying property in Arizona.
@@AlanTheBeast100 We Kevin's do not associate with Karens.
the biggest red flag is if the house is part of an HOA
A ton of condo associations in Florida are engaged in this right now. They're claiming tens of millions of dollars in hurricane damage and are not disclosing this to people buying condos there. Instead the real estate ads claim no damage, beautiful condition. It's a giant scheme going on right now.
Lot of HOAs in Florida have been jacking their rates the last few years. One lady said hers increased 300% from last year to now. Lot of the retirement crowd is now being priced out of the HOA paradises they helped establish. When they can just decide to increase rates without a vote by the residents you know that isn't something you want to live in.
It's Florida- what did you expect?
@@TrackerRoo , it's happening largely because far too many condo associations totally mis-managed themselves for decades! By failing to properly fund their reserves and deferring important maintenance, they dug themselves quite a hole. Now it's time to pay the piper. Combine that with absolutely out-of-control insurance costs, and Florida condo owners are now facing a perfect storm.
In Florida, for years they have been called "The Condo Commandos" !
Well honestly, if you buy property in Florida, in the long run you're setting your money on fire. The state is going to be underwater decades from now, sooner for some areas. It's not like anyone with any sense would think that property is a good investement.
HOAs are a prime example of "It's a great idea, with the best of intentions, what could possibly go wrong?"
The road to hell is paved with good intentions.
If the HOA is a little government, then I have qualified immunity.
qualified immunity is the c hypocrites like joe bedin way of life
Yeah, it’s like a little communist government
You meet the nicest people in a HOA said no one ever.
NEVER buy where there is an HOA.
@@martenkahr3365Eh, it just means you have to be more picky. I bought my home in 2022 with no HOA, and yeah only about 15% of the homes in my area could be considered, but you only need one to live in 😊
John - Never.
@@martenkahr3365 north east US, it’s very rare to find one.
@@martenkahr3365 Any lender that mandates HOA membership should lose its charter.
You would be better off @@martenkahr3365
Speaking of "technical glitches," I worked for many years in the reimbursement end of medicine (insurance, compliance, etc). Over the years, change after change happened, requiring us to adjust our procedures to keep up. Interestingly ::cough:: EVERY SINGLE CHANGE was to the advantage of the reimbursement entities. Never ever EVER did a change come that favored the providers (doctors, hospitals). How very interesting.
When I purchased my first home (townhouse/condo) my VERY WISE lender suggested the first question to ask the selling agent was “is this complex in any litigation?”. This saved me MANY headaches and time. The complex I eventually purchased in was awesome and took great care of OUR investment.
"Technical glitch" is just the grown up version of "dog ate my homework." _Someone_ checked that box "no."
Always, value an HOA house at one cent on the dollar. That was my experience in Virginia in the 90s. Complaints on flowers color of drapes not in rules either. They would come in the yard and complain about things not visible except from the yard such as the patio chairs and table
Supposedly HOA's are supposed to increase home value, but I refuse to believe it. I've yet to find anyone who refuses to buy a home that's not in an HOA, but know tons of people who refuse to buy a home that's a part of an HOA. That has to make a difference in what kind of a price you can get for the home.
@@shadowninja6689 I got family land and built a house. I being in the country had no trouble finding property, but the neighbors were too close. 5 acres of wooded land works for me.
Checking the box NO, should clear the buyer of any litigation obligations. ❤
HOAs can certainly get out of hand without some sort of checks-and-balances. My wife and I have been looking for a home that is not in an HOA
No laws anywhere that force HOAs to exist within reason. Pretty much as long as the Karen in charge isn't actively breaking a law, she's free to do whatever she wants and you signed an agreement allowing it. HOAs need to be banned, nothing good comes from them
@@TrackerRooNot quite. In VA a house on very low acreage is normally in an HOA which has unbuildable acreage to make the acreage meet the average required by building code.
No, I’m not defending HOAs just pointing out that in areas with high land costs they are often all someone can afford.
@@TrackerRoothat's false. The HOA by-laws explicitly list the rules of the HOA. A random "Karen" cannot unilaterally change the by-laws, lol.
@@TrackerRoo Great comment, concur. The state has to patticularly create laws targeting in order maintain a good system. Without these laws, the HOA runs amock and no one can stop it. Think about it, is a private organization, with private individuals. Go ask you local polititians and city admin if they live in HOA. They ain't dumb enough.
I bought into a townhouse community with HOA. Within 2 weeks i was falsely accused of destroying the compactor and they levied a $1700 fine against me AND sent me a scolding letter about "responsibility to the greater community." ( I served this nation during time of war, in uniform, overseas, I sort of get it. None of the HOA board members ever served) I had to join the board to combat this sort of crap. I managed to get the BS fine waived. Within a year the garbage board members were voted out and gone and our current board is made up of sane, NON Napoleons who aren't running around making other folk's lives miserable.
Did you ever find out how long before you moved in they had broken the compactor?
The EASIEST and cleanest way out is to make the "Management Company" liable for ALL fee increases for EVERY home buyer affected from the last 18 months. HOA is covered, homeowners are covered, the responsible party PAYS!
If a house is in a HOA to me it's worth nothing. They can find a way to steal your house, and do this somewhere all the time. No thanks.
It's all in the documents you sign to join that HOA. You give up your right to ownership if you don't follow the rules. HOAs are nothing but a criminal operation aimed at the elderly and stupid yuppies.
You realize that if you don't pay the city or county taxes, they will also take your house right?
@@phillipsusi1791
This is very true.
However the city/county doesn't tend to take your home from you for painting your house an ugly shade of yellow. Washing your car in the drive way. Or putting up 70's era curtains.
@@TryssemTavern They have been known to seize people's homes for having cars up on blocks in the driveway ( and doing so for years and refusing to remove them or pay the fines ). A friend of mine got a letter from the City that she had to pressure wash the mold off of her fence. I'm just saying, all of this hate for HOAs is totally irrational and it isn't like you don't have to still follow other rules without an HOA. It seems like it is coming from these "sovereign citizen" types.
Correct, the only thing you own under mortgage is the AIR between the walls. The "corporation" owns the land and all the real estate. In HOA you just get an exclusive license to reside, mainatin and sell.... Do not do it.
I'm surprised that someone in the legal realm finally said aloud that an HOA is a form of government. It's well past time to admit that an HOA **is** part of the government of the homeowners within it, and that HOAs get held to the same constitutional constraints as all other levels of government, most especially the due process clause of the 5th Amendment.
Don't forget the 4th Amendment Protection against Unwarranted Search of your Property...
That would stop all the HOA Busy Bodies in their tracks when they want to walk into your back yard looking for Violations...
it's government but more of the private kind.
@@HappilyHomicidalHooligan That's already covered under trespass laws which have more tangible consequences since the individuals involved can face criminal charges.
Negative, the "corporation" is a private entity, when you buy HOA is buying under a private local goverment, yes controlled by all common laws and ordinances but ANYTHING not address in law, well, is up to the private goverment to discern and apply... Do not buy HOA, you'll regret it.
Technical glitch = someone was photocopying the form and never bothered to review the data on it.
That someone should be individually liable as well as their employer and they should be licensed so that there's no debating the fact their liable.
Probably the Queen Karen and done intentionally. You cant collect dues from the new neighbor until they sign into the HOA. And if she told them there was a legal claim against the HOA no one would want to move to their little "community." Karens will do whatever it takes to save face and manipulate others.
dingdingding. Reviewing the form probably wasn’t their job. It was probably one of the “it’s everyone’s job so it’s nobody’s job”
I'm not accusing an HOA board of hiding behind passive phrasing to escape legal accountability for deceptive practices, and duty to correct them. But "technical glitch" is the new term for "mistakes were made."
Yep, disclosure forms have a zillion obscure questions. After a dozen your eyes go blurry. Almost all are irrelevant. _Almost all._
I'll never be in an HOA again. After dealing with a neighbor from hell that had nothing to do but walk the neighborhood watching everyone and looking for violations all day 7 days a week. No more of the letters on my door "It has been brought to our attention...." 😡
Totally understand. Hopefully other believe you vice buying and figuring out.
Always remember: HOA, Walk Away. No HOAs, ever.
Don't walk, run.
Red Flag 1: The home is IN a Homeowner's Association.
Red Flag 2: She was NOT told about the lawsuit.
Red Flag 3: The paperwork did NOT mention the lawsuit.
Any ONE of those would be a dealbreaker for me, and yet we have all THREE in this case.
AZ law allows (forces) buyers to pay $500.00 in escrow for a copy of the CC&R's. I bought 2 houses in HOA's cheap because the owners were being harassed and just wanted out. My nightmare started with those fees and continued for the year that I owned them.........FHOA's
That's infuriating. They should be free to walk away from those homes with no penalty. Of course the difference between right and legal is too great.
Of course they can walk. After they pay off the mortgage to the bank.
They ought to be able to buy a home anywhere in the US and not be subject to the HOA. HOA are parasites that attach themselves to your wallet and do nothing for the homeowner.
For some reason I feel like HOA stories are like Hertz stories. We aren't doing another one, oh wait just got another last HOA story...
LOL.
Serious props to the lady for reading her paperwork 😊
So their only recourse is to sue in civil court? Sue who? The HOA? The HOA that they now pay dues into? The HOA that if it loses the case will just increase the dues so the person who 'won' the case ends up having to pay themselves?? How can this possibly be so one sided? If it were the other way they'd put a lien on your house and sell it out from under your feet
I can't help feeling that media is doing a PR campaign to get public support to remove squatter's rights, which are constitutional btw. I can't help suspecting that the massive propaganda campaign to blackwash squatters to be something evil in the eyes of the public are being bankrolled by bankers, IRS, and HOAs who are the main beneficiaries of such draconian laws. HOAs can, will, and do sell people's homes out from under them, while they are still living there. New laws are aimed at calling homeowners 'squatters,' and removing them in ways designed to traumatize the children involved (read sheriffs in the middle of the night). That's right, to allow squatter rights to be removed may prove to be the only protections you and your family may one day have. Especially if you live in an HOA. Do your own research, you may be shocked to learn the definition of who is a squatter. You may find that anyone who has a dispute with their HOA, or with the IRS over taxes, etc. are defined to be squatters from day one of that dispute, and only squatter's rights allow them the ability to stay in their house until after litigation is over. Whatever you find out, just know that media-driven PR campaigns are never in your favor.
Steve, you didn't address the possibility of voiding the purchase. Guessing that since you didn't, not isn't possible, but would be nice to hear the explanation on that topic. Thanks.
We purchased a bank owned home in a HOA that had been in a litigation and there was a special assessment that was due. So we got to wait until the bank paid the special assessment, because no one would lend on the property and we were kinda keen to not be the one to have to pay it. Fun times. We moved onto a non HOA home for a quiet life.
Great comment
Shocking…thought thy were going to deny completing the form!
I moved to HOA 3 weeks later special assessment $2 k for roof repair. I asked Realtor and she didn’t know. No one know anything. The plan to repair the roof was done in 3 years ago.
Didn't you get the hoa documents?
When a company is caught in a lie, and compounds it with another lie, this should become a criminal offense on the part of the person pushing the second lie. Whomever at the management company blamed the issue on a technical glitch should be facing jail time.
One of the primary stated reasons why HOA's exist is that the HOA somehow preserves and enhances the value of the properties in the HOA. The more stories like this the more I foresee a time when membership in an HOA actually devalues a home (It already does for me, but I'm a curmudgeon so I'm probably not in the majority ... yet). When that happens, since HOA's are ostensibly about preserving and enhancing property values, will the fact that they do the opposite be a legitimate pretext for home owners to sue to dissolve their HOAs?
I saw on another RUclips video that there has now been some study done somewhere , that showed that Houses in HOAs are now starting to be less valued than those with a clear title without HOA conditions baked in. So yes you are correct, in that, HOAs now have so much bad press, nationally throughout 'Merica, and so many horror stories, that financially speaking, people may be better off buying elsewhere.
I've never heard of a "happy story" and the word "HOA" together in a sentence.
I'd never buy anything attached to an HOA. Crooks...
That sounds like the state's AG should investigate since it sounds like criminal negligence that caused serious damage to buyers.
As a real estate broker, I am begging, pleading, and groveling to everyone out there not to purchasing a home involved in a HOA. You will be putting your livelihood into a “prison cell”. My real estate company will never sell a property that is part of a HOA! It’s your land and one should have 100% full rights on what to do on your own land.
Know a guy who was about to buy into an HOA when he spoke to a guy who was a pipe fitter. The pipe fitter said that the HOA was told by his employer that they needed to replace the entire aging water and sewer system. The HOA decided not to do it, even though the repairs had to be made. For some reason, the HOA had a quite a few houses for sale. Expecting at least a 25k bill for each house.
Mr. Lehto, perhaps you should start making occasional videos advising folks to stear clear of home purchases involving HOA's like you do with purchasing RV's. It is obvious that there is the same level of problematic issues when doing so. We decided over a decade ago to never buy a home within the confines of an HOA because of this.
Steve, maybe a deep dive of PROs and CONs? Thank you
I worked briefly for an HOA management company. After I realized how bad it is, I ran.
Since HOA members pay for these lawsuits, HOA members should decide whether to fight or settle the suit.
the VERY first thing I asked my realtor when I looked at my home, was "Is it HOA"? because I refuse to live in or near one! even 20 years ago I knew, "HOA BAD"!!
With HOA you don't feel that you own the home, with all the restrictions
the attorneys for the HOA need to be liable
Never buy property that is in a HOA. Never.
Reader, pay attention, we are trying to save you. If you f this up, is on you. You've been warned. You're welcome.
HOA attracts lawsuits, HOA has another lawsuit with this woman, nice!
technical glitch, sue them into oblivion. out and out lie.
As a SysAdmin I assure you, you are correct. They had the wrong box checked, that isn't technical that's administrative.
They broke the contract. Once the very first person manages to have bought an HOA house AND to get out of the HOA while staying in the house -- which if they broke the contract, that's what should happen -- then there will be a damn-bursting flood of people leaving HOAs and staying in their home. RID THE NATION OF HOAs. They had HOA-type tyranny back in Germany 1930-40s.
I owned a condo in a HOA with management who were not enforcing the CC&Rs. People were treating community areas like their personal space. I found it very easy to file a small claims case against the HOA and they settled immediately. No more condo HOAs for me.
Not only were they not told, they were actually lied to.
I once had an apartment charge me a higher fee than what was stated in the lease agreement. The apartment said it was a system error and that I knew what the fee actually was. I told them it doesn't matter what I know or don't know what matters is what is in the lease. Not only did they create the lease but also signed the lease. They had two chances to discover any errors. I basically paid the amount that was in the lease and each time a note saying I am paying this amount as per my lease and documenting it as per my lawyer's advise. Eventually the apartment realized they weren't going to bully me and started charging me the proper amount per the lease. Funny thing is the person who signed the lease didn't work there much longer and even shortly after that the property was bought by another management company.
They count on people not reading the contracts. I rented a condo recently and the lease said that I was in charge of mowing the lawn. I asked them how much of the courtyard each unit has to mow, and they removed that from the contact.
Happy Memorial Day!
Another quantifiable damage would be the new homeowners' portion of the legal expenses the HOA has paid since the home was purchased. Even if the dues don't increase, the loss of money to pay legal fees is an opportunity cost preventing their HOA from making other improvements with those funds.
Dont think im ever gonna get over the lawyer dog story 😂😂
It was a happy day when I moved from a house in an HOA community to one without an HOA. Last thing the HOA pulled that raised my eyebrows was the special assessment to replace the wooden gazebo that got hit by a drunk driver. Drunk driver's insurance didn't cover the full replacement. It was in the bylaws, and it was only $20. Not a big deal, but... They built a much bigger brick gazebo that was now lighted. Hold on now, who approved that?
HOA's are a big problem here in Toronto and the GTA. We recently had a resident here go on a murder rampage of board members, within his building and killed off several board members. As it turns out, a couple of board members still had financial connections to the developer long after the HOA took over.
News articles said he ha MH issues that was filing lawsuits against the board for his inability to breathe in the electromagnetic radiation because his condo was beside the electrical room
What's his name so I can donate to his commissary? He sounds based AF.
@@DontCryAboutIt Right. Apparently he tried to sell off the unit, but no one would buy it, being located adjacent to the electrical room.
@@olivergoncalves1217i guess the market decided it was not worth the price he was asking
That sounds like a good start
That management company should see serious legal ramifications, up to and including its desolving and the executive board being on the hook for the whatever damages the defrauded homeowners have incurred and barred from ever being an executive in that industry again
These organizations need far more regulation & independent oversight.
what they should do is sue the hoa management company and request a void of the hoa contract due to potential future liabilities that they purchased under the home-buyers under false pretenses without complete information on the contract they were signing. win-win.
Friends don't let friends live in HOA's.
There are actually two types of damages here. The diminution of value of the house, AND the exposure to future fees and assessments due to the lawsuit. The buyers need to be made whole for both torts.
One of the other possible issues is that the developer is renting units within the HOA (the subject of the lawsuit). There's usually a minimum number of units that have to be sold before the ownership/control of the HOA transfers from the developer to the homeowners. For example, in Florida it's 90%. If the developer is holding onto and renting out enough units (over 10% in the Florida example), he then keeps full ownership and control of the HOA, and the homeowners and residents in the community get no representation on the board at all. So, yes, it still functions as a miniature government, but as a dictatorship under the full control of the developer, not a democracy where anyone else gets a vote. I suspect this is at least part of the reason the HOA is being sued in the first place.
Also, in order for a potential owner to get an FHA backed loan, there is a limit on how many rentals there can be in the community.
The HOA should have to buy ALL the properties that were bought since the lawsuit started.
It’s almost like suing yourself
Sue the members of the HOA board and the management company.
Maybe they can wait to see the result of the litigation and if the HOA loses they will have an actual damage amount to claim.
Since I used to work for one of the people in my home state that was a realtor shooting for the HOA rules and laws here, I feel confident telling you that HOA"s were and are a scam, concocted by real estate purveyors to sell you property that you do not actually own. Understand that most of the larger city councils in the US have some to many real estate people on them will aid your thinking .
The courts needs to disband that HOA.
That had to have upset a lot of people. When they pay ANY money to an HOA they have ever right to know where every cent goes
It still baffles me that HOA's madeup rules and regulations apparently can supersede local, state and especially federal laws regarding homeowner's rights. Only the US allows this level of insanity to thrive.
Some rights can be ceded, it's completely ordinary. The issue with banning HOAs is you'd effectively have to ban contracts and liens, since people voluntarily agree to belong to these organizations and place their property in it.
Only the US? Clearly you're unaware of British "councils" ... all the abuse of an HOA with an additional veneer of government power.
@@GamesFromSpace most HOA's are MANDATORY, which makes your statement moot, irrelevant, and just plain dumb.....
No one is forced to buy a home in an HOA, and every buyer has an opportunity to review the association's governing documents and financial records prior to purchase. They can also review state laws pertaining to HOAs Clearly, it's all too complicated for you to understand.
Ah, I see. You dont want a long contract for Halo 3 because fibre broadband is significantly cheaper. The TV add-ons were cheaper with Sky as well.
In the HOA’s defense if they’d told the new buyers it may have gotten back to the current owners they were lying to.
It sounds like seller or someone lied abt a pending lawsuit. Easy to void sales in such cases ….lack of disclosure or lying in disclosure
HOAs usually have insurance. So if they lose, insurance picks up tab. Going forward insurance costs will be HIGH!
Yet another reason to NEVER buy a home in a HOA
I bought a home that stated there was a “shared” driveway with the neighbor. That turned out to be false. There was no easement & the neighbor owned the land. I was totally screwed by the realty company. It was a nightmare dealing with the neighbor & wound up moving.
How are these things still legal!?! My website supports home sales, but I would NEVER recommend an HOA!
Government mandated to developers in some states.
@@trekie30122Really? Do you know the states?
@@nicwelch Michigan is one. I was on a COA board. COA is about 20% the cost of HOA licenses. So everyone owned a house in a condo association. When Michigan started mandating it to developers it stabilized the road commission budgets. Association is responsible from existing road through the association and by law must maintain all roads to emergency vehicle standards of use. Trash pickup is also mandated by the state as it is a health issue. Water is given options but also must meet state mandates for public water.
I got out when the board wanted to spend money on stuff the state wasn't mandating us to provide or do. If the board has the philosophy that we're going to follow the bylaws as the state requires and nothing more, associations are not bad. From experience, the ability to control others goes to people's head and they want control and to spend others money.
@@trekie30122I'm sure the residents wished you had stayed and voted against all their nonsense. And maybe requested the other board members commit woodchipper Sudoku.
@@roflchopter11 residents got what they wouldn't show up and vote against or run against.
I’m currently selling my home and the disclosure form was extremely long and detailed. One of the questions asked specifically if I was in an HOA (I’m not) and another asked if me or my property was under any litigation (also no). After the litigation question, if marked yes, it asked for a myriad of details.
Ben is tucked under a book above the LAW4NYC tag
Just the existence of an HOA would be a red flag for me. Well, more than a red flag, it would be a deal breaker.
HOA is often bad news but add a "management company" to the mix and I can guarantee there will be trouble.
Almost all HOAs have a management company. In Ohio it's required.
The answer is to never buy a home shackled by an HOA.
Ben is the filling in a book sandwich above the LAW4NYC number plate.
I’m in the mortgage business and that is part of our questionnaire we send to the HOA. Any competent buyer’s attorney would have asked (assuming the buyer didn’t cheap out and not use an attorney).
HOAs seem to be a really shady bad idea
My house was sold to me with an undisclosed lawsuit. The seller dropped the lawsuit so I could buy the house and then reopened the lawsuit a year later. The psychopath actually wanted me to join his defense to help him sue somebody else.
Everyone buys into an HOA thinking it’s gonna be sweet! Good luck with that!
Most available housing in many areas is in HOAs. People think it's not a big deal. They don't usually think it's a good thing.
My experience in a HOA has been all positive.
@@mwduck Great for you. But will it stay that way? I like my freedoms and choose to not roll the dice.
@@roflchopter11 That’s why I no longer live in the city or suburbs. Amenities in a community can be provided without restrictions. But that’s not how most work. The amenities are essentially bait. Read the regs. Get a lawyer to evaluate them. But remember the rules can be changed. Me, I choose to not roll the dice.
@@oldjarhead386 Your call. Not everyone has bad HOA experiences. An HOA is a true democracy. Every home gets a vote on major decisions, including who shall be on the board. Most people who I've heard of complaining on their HOA were people who knew the rules (or should have) when they bought/built their home, voted on an issue, and were in the minority. The board or management company in this case was negligent, and most likely have insurance to cover their negligence. Good luck.
Sounds like a perfect breach of contract that allows you to terminate your relationship with the HOA, becoming a free citizen.
Leg breakers, generally, are cheaper than lawyers....and more effective....😁
Careful, I just served a 24 hour ban for just such a suggestion ! RUclipss Censorship is becoming inexplicable !
Being from NY..."the boys with the shiny shoes" could help out...
It's no surprise how frivolously litigious a corporation can be when they're not the ones footing the bill.
Whoops, a glitch... REALLY?
😱😬😪
george
😎🤿🦈🦑🇺🇸
TEXAS
The car comparison makes me think of a tweet
It was a guy who said he worked for a mechanic, and they were talking to a guy who just got his duelly truck (the trucks with 4 rear wheels) after 2 years of waiting due to chip shortage, but they stepped out and it was crashed in the parking lot (he had a picture of this).
Later CCTV footage revealed it the porter, who smashed the side of it by accident, walked in the door to call out as sick, and never came back.