Hey FUD, in my state a lien like that is not valid unless you are first sued and given an opportunity to defend yourself in court. If a judgment is THEN rendered against you, the lien can be filed. I don't think a lien can be validly filed out of the blue, even when the plaintiff is the homeowner's association, but of course the answer is to consult with a real estate attorney in your area!
FUD's Homeowner's Association, part II
- Thread starter Futo Inu
- Start date
A previous owner of my home erected a solid picket fence around the yard and received several notices to remove the fence from the HOA. He ignored the notices. When he went to sell the house he found a lein recorded against the property. He removed every other picket and the lien was removed.
HOA's can stop you from selling your property for association code violations.
MY HOA seems to be compaint driven.
If no one complains, there is not usually a problem. They do occassionally send someone arround with a clip board looking for problems though.
I gather the ivy that grew over my picket fence making it a solid green wall is not a problem.
dZ
HOA's can stop you from selling your property for association code violations.
MY HOA seems to be compaint driven.
If no one complains, there is not usually a problem. They do occassionally send someone arround with a clip board looking for problems though.
I gather the ivy that grew over my picket fence making it a solid green wall is not a problem.
dZ
In light of the stricter enforcement of TFL's policies, I wasn't going to continue this topic (and hesitant about bringing up others), but since someone else brought it up ...
Let me first say that I appreciate everyone's concern, suggestions or offers of assistance that I've received both publicly here on TFL and privately via e-mail. [That's one of the things I've come to love about TFL -- it was more that just another 'gun board' -- through the sharing of personal experiences, I feel as if I know a lot of people even though I have never met them or seen them or even heard their voice -- gonna miss that]
I have met with a lawyer. Telephone calls have been made. Documents are being reviewed and letters are being written. It looks like I'm going to have to pay the $588 fine and chalk it up to a lesson being learned (another concern is that even if the fine is paid, the lien might not be removed due to clerical error/delay and the foreclosure might still continue -- thus complicating things and bringing additional expense into the picture). This will mean that we'll have to carry a balance on some of our other credit cards which we now will not be able to pay off for a few months and that .357mag that I was going to pick up at the end of this month will now be delayed until next year some time.
Again, let me say that I appreciate everyone's concern & support. If this thread remains open, I'll post updates as they develope. Regards, FUD.
Let me first say that I appreciate everyone's concern, suggestions or offers of assistance that I've received both publicly here on TFL and privately via e-mail. [That's one of the things I've come to love about TFL -- it was more that just another 'gun board' -- through the sharing of personal experiences, I feel as if I know a lot of people even though I have never met them or seen them or even heard their voice -- gonna miss that]
I have met with a lawyer. Telephone calls have been made. Documents are being reviewed and letters are being written. It looks like I'm going to have to pay the $588 fine and chalk it up to a lesson being learned (another concern is that even if the fine is paid, the lien might not be removed due to clerical error/delay and the foreclosure might still continue -- thus complicating things and bringing additional expense into the picture). This will mean that we'll have to carry a balance on some of our other credit cards which we now will not be able to pay off for a few months and that .357mag that I was going to pick up at the end of this month will now be delayed until next year some time.
Again, let me say that I appreciate everyone's concern & support. If this thread remains open, I'll post updates as they develope. Regards, FUD.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Bogie: ... Organize some HOA civil disobedience ...[/quote]Doing something like that might cause them to forget about removing the lien -- leading to more complications. Best for me to let the smoke settle and lie low for a couple of months before doing something annoying but which isn't prohibitted by the by-laws -- otherwise, they'll just hit me with another fine/lien.
Ok, I get the part where if you violate the rule you get a lein till you pay the fine but I don't get the part about the "foreclosure"
On a separate note, where I live the city inspectors don't seem to want to enforce ANY violations. I live next to a house that was a dump when people lived in it, with car parts and tires in the back yard, not that you could see much of the junk cause it was so grown up, and is a dump now that the people are gone. I've taken to cleaning up what I can myself.
But those are more relevant violations than flying a flag. I would make a big stink about it also. Maybe bring it up during a meeting, I'll bet a lot of the other residents wouldn't agree with that and it could be changed.
On a separate note, where I live the city inspectors don't seem to want to enforce ANY violations. I live next to a house that was a dump when people lived in it, with car parts and tires in the back yard, not that you could see much of the junk cause it was so grown up, and is a dump now that the people are gone. I've taken to cleaning up what I can myself.
But those are more relevant violations than flying a flag. I would make a big stink about it also. Maybe bring it up during a meeting, I'll bet a lot of the other residents wouldn't agree with that and it could be changed.
FUD, as a HOA condo board member, I've seen leins placed for non-payment of late fees, fines, etc. These will stand (and accumluate) until closing on sale by the owner, where he will need to settle up with us to close the sale. Never have I heard of FORECLOSURE proceedings on a $500 debt. Residents have owed the association thousands of dollars of maintenece fees & fines, and we just wait until they try to sell, or sue them for it outright.
I agree with jcoyoung - next time fly the Culpeppper or Gadsen standard !
..., and, since you've bared your secrets to all of us, you've opened yourself up to some hopefully constructive criticism. Please take it as only that.---- If a $588 payment is going to put you in credit card jeapardy, and financial straits for a few months ... you really need to asees your finances and put your house in order before you consider spending money on another toy, of whatever caliber. Unless you have an absolute immediate NEED, for the job or home protection, that sounds like money you are not in a position to spend on hobbies.
Take it FWIW, just trying to help out a former Jerseyite.
I agree with jcoyoung - next time fly the Culpeppper or Gadsen standard !
..., and, since you've bared your secrets to all of us, you've opened yourself up to some hopefully constructive criticism. Please take it as only that.---- If a $588 payment is going to put you in credit card jeapardy, and financial straits for a few months ... you really need to asees your finances and put your house in order before you consider spending money on another toy, of whatever caliber. Unless you have an absolute immediate NEED, for the job or home protection, that sounds like money you are not in a position to spend on hobbies.
Take it FWIW, just trying to help out a former Jerseyite.
Is it just me??
I would not live where i could not hoist my American flag for my countries birthday!!
Where is this placewhere you live at Fud?? Russia, Iran, China?? It sure ain"t the good ole U -S- of A!!!
I Have two flags i normally display in front of my residence. One is a standard American flag and the other is a POW - MIA flag. I have this right - so should you - too bad you don"t..
I would not live where i could not hoist my American flag for my countries birthday!!
Where is this placewhere you live at Fud?? Russia, Iran, China?? It sure ain"t the good ole U -S- of A!!!
I Have two flags i normally display in front of my residence. One is a standard American flag and the other is a POW - MIA flag. I have this right - so should you - too bad you don"t..
RH, thank you for the financial advise. just to clarify things ... paying the fine will not put us in "credit card jeapardy" but will mean that we'll have to carry a balance which we normally don't do. You are correct in your statement about "needing to asees your finances and put your house in order ...". We purchased a new house several months ago and we tried to put down as big of a deposit as we could so that it would reduce the amount we had to borrow and the amount of interested that we would have to pay over the life of the loan but there were several things that we did not consider (window treatment, roll-down storm shutters, new car because the old one died, etc.) which has put us into a tight financial squeeze during the past several months. Things are tighter than we are normally use to.
12-34hom, this is over in Bonadventure, Florida ...
[This message has been edited by FUD (edited September 13, 2000).]
12-34hom, this is over in Bonadventure, Florida ...
[This message has been edited by FUD (edited September 13, 2000).]
Mike Irwin
Staff
Fud,
While you have the lawyer's ear, get him to review how the HOA is set up and how elections are run. I'm still of the contention that this thing is damned close to being illegal.
------------------
Beware the man with the S&W .357 Mag.
Chances are he knows how to use it.
While you have the lawyer's ear, get him to review how the HOA is set up and how elections are run. I'm still of the contention that this thing is damned close to being illegal.
------------------
Beware the man with the S&W .357 Mag.
Chances are he knows how to use it.
Gunslinger
Moderator
FUD, I'd still call the media. If anything a little media attention would take the heat off.....not add to it.
When you do get in a position to get out of there I'm sure you will have no shortage of volunteers here at TFL to help you locate a good local.
When you do get in a position to get out of there I'm sure you will have no shortage of volunteers here at TFL to help you locate a good local.
... And that is why I Refuse to live in an area that is run by the PC nazies. Many people (not here) have said that I sound like an isolationist. I live in a house, surrounded by the city, but in the country (hard to explain that one). I don't fall under any of the city rules (like keeping the weeds down if'n I don't want too 
). I can dang well fly ANY flag I wish. I can spit in my own yard, I can paint my house yellow and pink if I decide it's best for me (I wouldn't, just making a point). I can have the biggest, meanist dog that barks 24/7 and no one can do anything about it. I can have a junkyard and no one can do anything about it. I don't do all these things (besides fly the Flag 24/7/52/365; and yes, it's an all weather flag properly illuminated) but the point is.... I'm FREE to do whatever I wish in MY paid for and owned house/yard.
FUD, when you move bud, please read the fine print for the new house/area. Sure, you may need to drive an extra couple of miles but the freedom is worth it.
USP45usp
). I can dang well fly ANY flag I wish. I can spit in my own yard, I can paint my house yellow and pink if I decide it's best for me (I wouldn't, just making a point). I can have the biggest, meanist dog that barks 24/7 and no one can do anything about it. I can have a junkyard and no one can do anything about it. I don't do all these things (besides fly the Flag 24/7/52/365; and yes, it's an all weather flag properly illuminated) but the point is.... I'm FREE to do whatever I wish in MY paid for and owned house/yard. FUD, when you move bud, please read the fine print for the new house/area. Sure, you may need to drive an extra couple of miles but the freedom is worth it.
USP45usp
FUD, those "little incidentals" after you move sure do add up, eh ?
At least you won't have to worry about skyrocketing heating oil prices they're predicting for this winter.
Your experience is further evidence for my position of :
- I live in a condo because it was a deal I could not refuse, I'm building equity, and I am very grateful for it. However...
- I am on the board to protect my interests and make sure we are not living under a frivilous spending board or draconian rules
- I am busily payinmg down the mortgage and hoping the housing market will fall so I can but a real home for my family.
FUD, Good luck with everything. Get on that board, or at least make your presence known at all the meetings.
At least you won't have to worry about skyrocketing heating oil prices they're predicting for this winter.
Your experience is further evidence for my position of :
- I live in a condo because it was a deal I could not refuse, I'm building equity, and I am very grateful for it. However...
- I am on the board to protect my interests and make sure we are not living under a frivilous spending board or draconian rules
- I am busily payinmg down the mortgage and hoping the housing market will fall so I can but a real home for my family.
FUD, Good luck with everything. Get on that board, or at least make your presence known at all the meetings.