MyFox
 

KellyJ's Blog

by KellyJ from Lake Mary, FL

Last Post 16 days, 4 hours Ago


A lot of communities in central Florida have homeowners associations.  A lot of people appreciate them, others find them over-zealous.

What do you think?

35 Comments |  Add a Comment

Member Comments Total Comments: 35
Page 1 of 2
1
Last
Ericjhach read my blog view my photos
May 21, 2008 | 5:01 AM

HOAs cannot force someone to violate the law or county ordanances. The people control the asociation and if the officiers overstep their boundries they can be replaced.

rexsmom read my blog view my photos
May 21, 2008 | 7:13 AM

Ours is absolutely awful. They selectively enforce as they see fit. I will NEVER EVER buy in a neighborhood with ANY KIND of HOA again in my life.

candyaquino read my blog view my photos
May 21, 2008 | 7:32 AM

I was a Board Member for two years..as much as I wanted to help my community I felt like I was fighting a losing battled because if one makes a motion and the others denied......YOU ARE OUT.......I can say this a lot of these HOA are doing NOTHING FOR THE COMMUNITY EXCEPT THINKING THEY HAVE THE ALMIGHTY POWER OF WHAT???? I have been researching these HOA's..and found out that most of them for the most part have plain residents acting as the landscapers and then HOA sending notices YOUR GRASS IS DEAD NEEDS REPLACEMENT....well guess what....I found two families including myself DEAD WRONG - IT WAS [...] (don't know how to spell that) bugs.....and with a bit OF true green helps.....right back IF I WOULD HAVE DONE WHAT WAS ORDERED AS WELL AS THE OTHER NEIGHBORS WE WOULD HAVE SPENT HUNDREDS REPLACING SOMETHING THAT DID NOT NEED REPLACING...I pray that all my efforts don't fall into def ears..because I will be fighting this cause.

candyaquino read my blog view my photos
May 21, 2008 | 7:33 AM

and personally I truly think they are a waste as they don't benefit the community NO ONE absolutely no one should BE ORDERED WHAT COLOR PAINT TO PAINT THEIR HOMES.........and this is something THAT THEY ARE NOT TELLING BUYERS EITHER.....they make the HOA appears as heaven sent organization for the sake of keeping the community CLEAN...........BUNCH OF LOSERS AND BUNCH OF BS.........

BornToBeWild read my blog view my photos
May 21, 2008 | 8:07 AM

They all knew it before they bought their homes so deal with the headaches that come with it! People chose to live like this so quit complaining about something that was understood and agreed to upon purchase!

You make your own bed so lie in it! It was a battle they took on by their own choice! When the rules were made, without certain conditions included the rules are quite clear and must be abidded by or else! Kind of like what our own lawmakers do! Without specifics, your stuck with it!

Gammies61 read my blog view my photos
May 21, 2008 | 9:04 AM

Yeah, I won't be signing anything which take away my rights on my property. I'll paint my house what ever color I want, and you can't tell me, I can't hang my clothes on a line in my own yard. Among other assinying rules the HOAs have. I do understand why some sign into these things. They want to have their yards all look the same. It's good for them.

TAllen read my blog view my photos
May 21, 2008 | 9:47 AM

Well said Born! As part of every closing you are required to read and UNDERSTAND and agree too the conditions of the by-laws for your HOA. If you don't like them don't sign off.

BUT...and that is a big but...just because you choose to live in a restricted community doesn't mean you no longer have a voice either. HOA tradtitonally operate by threats of lawsuits to control the community. Yes they CAN sue but to do so is a very difficult thing. By Florida Law, the only real recourse any HOA has is to place a lien on property for "NON PAYMENT OF DUES" as it views the contract as a private business contract between the HOA and each individual which grants them the right to seek restitution much as any other business might for non payment. This is a double edged sword as well, but cause being viewed this way, the homeowner can opt out if they can prove that the HOA is not enforcing the very by-laws they object to because it is a "breech of contract" on the HOA'S part and when that happens it makes the "contract" null and void. This is why HOA'S threaten lawsuit they know they can't win. If you don't want an HOA in a commuity that has one now then you can take legal steps to have it removed but it requires that more than 85% of the homeowners agree. Thats a hard number to hit for most of them because while people may bitch and complain they also don't participate and the HOA's know that as well.

We choose a restricted community not because we like HOA but because the land we wanted to build on was in that community. So far my HOA has threatened me 3 times with a lawsuit, o

TAllen read my blog view my photos
May 21, 2008 | 9:48 AM

once for parking what they said was a work vehicle in my drive way (it my husbands work truck but it does not have commercial tags nor any ad on it and is covered under personal insurance), once for a dead lawn that was the result of a bad lawn care company and once for planting plants they didn't like. All three times I told them the same thing...SUE ME and I WILL bankrupt this HOA then sell! See bottom line, if they sue EVERY MEMEBER in the community is responsible for the bills they incur and they know that chances are they won't win so they are going to have more problems pursuing it than if they just back off. Your not powerless as a homeowner you just have to make sure the power stays where it belong, with those that paid for their house and pay their taxes and NOT with a small group of people on an power trip.

candyaquino read my blog view my photos
May 21, 2008 | 10:02 AM

Tallen hi there....glad you're back..Well i read everything.....IT DIDN'T SAY in there that I have to paint my house THEIR colors, it also said......A PROFESSIONAL company checks to make sure all landscaping was up to par NOT FREAKING volunteers in the hood......SO I guess once again My english must be messed up and Yes Boo I will have to live with it and I wasn't complaining I was simply pointing certain things out......but like OBAMA SAYS.."ITS TIME FOR A CHANGE" and that will come sooner than later....when the day OF HOA will be over.......thanks though for the information.

candyaquino read my blog view my photos
May 21, 2008 | 10:04 AM

I will say this I continue to help neighbors so this year not too many letters or harrassments of any type....like Tallen mentioned they know about the suing procedure is a no win situation......so there's hope.

rexsmom read my blog view my photos
May 21, 2008 | 10:21 AM

I did not fully understand what HOAs were at the time. I'm not blaming anyone but myself. I realize that I will have to bide my time and deal with them until the housing market turns around and my husband is vested in his retirement. After that I will never put myself in such a stupid bind again in my life.

TAllen read my blog view my photos
May 21, 2008 | 10:28 AM

Candy ~ no one was pointing at you. This is a large problem that affect thousands here in Florida and I would venture a guess that at least 75% of them NEVER read the by-laws just signed them. As for your by-laws and painting, I would suggest that you double check them to see if there is a stipulation that requires you to paint within a certain color scheme. I know here it states they have to be withing "neutral earth tones". That is a pretty broad choice of colors when you really think about it. As for your landscaping...well if your by-law dictate it has to be "professionals" and the HOA is using community volunteers then I would challeng that, but be aware that it could end up costing everyone a raise in dues. Is it possible that the HOA is trying to "save" money by using these volunteers. I know ours pays in excess of $9000.00 a year for the company they use and all they do is mow 4 little circles in the cul-de-sacs. That to me is criminal, but we don't have any volunteers that will do it for free so our dues are crazy and they go up every year. This year it was $850.00.

It takes educating the community and a willingness to stand your ground. Like I said the power needs to stay with those that paid for their homes and not the idiots running rough-shod over them.

candyaquino read my blog view my photos
May 21, 2008 | 10:33 AM

Rexsmom..don't worry I felt the same way..and I am also not blaming anyone but lets say..they were not clear LIKE YOU DON'T HAVE ALL THE TIME IN THE world to sit there and read THE MASSIVE AMOUNTS OF PAPERWORK...what I gather afterwards and during my tenure that this is all one big BS...Hoa are formed corporation FROM THE SAME GREEDY DEVELOPER that built the community..wELL i BE DARN......money money money...BUT like you, I will never get into an HOA EVER......and I am trying to get them off.....the map sort of speak..it may take a while...but I have gathered enough information in two years and already hooked up with some lawyers that are in the business......just pray that I can manage this...it wont be an easy road but I have faith in what I can accomplish. I am also going to make sure that anyone buying into these subdivisions are fully advised, as they really don't paint the entire picture..so please do not feel bad AND TRUST ME you are not alone.....in the last 3 years I have gathered many signatures.....and together we will work through this......hang in there...

YBSRobin read my blog
May 21, 2008 | 10:34 AM

Not too many people know exactly what an HOA does, and this information may be helpful to some experiencing problems. Unfortunately, when one buys a home agreeing to the HOA rules, it's very difficult to break or change them. Because the HOA lawyers have a contract signed by the buyers that they agree to all of the conditions before moving in. Because sometimes, buyers don't read the small print, these contracts, such as one buying a home, should also be reviewed by the buyer's lawyer's as well before purchase of the house. Then to keep from any changes occuring, one will have to go to every meeting to oppose what changes are wanting to be made in order to show proof to your lawyer that a disagreement took place. But because the buyer signs a binding contract, unfortunately, 9 out of 10 times, they loose.

(Quote):

Most HOAs are corporations established under the Not-for-Profit Corporation Law. An HOA is similar to other corporations -- it is governed by a board of directors elected by the members and a set of rules called by-laws. Books and records of financial transactions must be kept, taxes paid, and certain services provided to members. Usually the board has an annual budget prepared to estimate expenses, and then assesses each member a share of the costs.

HOAs vary greatly in the services which they provide. The developer establishes the scope of the association initially by setting out the services and expenses in the association's budget. The declaration provides the means by which the association can enforce the members' obligations and the by-laws set f

YBSRobin read my blog
May 21, 2008 | 10:35 AM

cont'd

set forth the procedures for running the association. Generally, the developer controls the association at first and relinquishes control to the individual owners some years later.

The primary purpose of the association is to protect and preserve the value of the privately and commonly used property. In furtherance of that goal there may be restrictions concerning pets; requirements as to fence height; or limitations on the number of cars allowed in the driveways. These rules often conflict with the desires of an individual owner but exist for the general good of the entire community. In addition, the association may have the responsibility to repair and maintain portions of the community, such as roads, roofs, and recreation facilities.

(End Quote)

candyaquino read my blog view my photos
May 21, 2008 | 10:39 AM

Wow..Tallen maybe this is something we can work together........really. As you are aware many are affected and many were very unclear. In my situation, I was just told how nice it was to have one..it maintains the community nice and yes...what I said is true and what you said is also true..that's why I am taking my time and fully have everything in writing. Because I was a member I also have 2 years worth of back and forth and there's clear negligence as per the attorneys, I guess right now in my life I am going through a lot with my ailing husband and everything else..but as soon as everything settles I will not deterred from this project..Personally, I don't thing you nor me nor anyone living in a subdivision needs to be told WHEN TO MAWN your lawn...ya think??? It is abusive; someone is making big bucks and I have not doubt some embezzling is in order.......which of course, hard evidence will be needed. For the most part, I think I have enough to go on..and maybe that's why they don't bother me anymore. I can tell you this..we have a small sub..I fought for two years and questioned why we were paying a landscaper 3,000 a month......conveniently its been changed but I have notice is the same person under different business name and his fees are back up..THANKS YOU THOUGH..HEARING THAT FROM SOMEONE WHO HAS LIVED HERE..I MUST ASK THIS IS A PROJECT THAT NEEDS BIG TIME addressing and we need people.....maybe in some near future this is something WE CAN MAKE HAPPEN for ourselves and our communities......

YBSRobin read my blog
May 21, 2008 | 10:46 AM

For those who are having a major problem and would like to know more, I really recommend this site, it is very helpful.

http://www.oag.state.ny.us/realestate/home_prob.html

YBSRobin read my blog
May 21, 2008 | 10:48 AM

Even though it's a NY State Page, it can still direct you to the State's page of information needed. The information is excellent.

candyaquino read my blog view my photos
May 21, 2008 | 10:55 AM

thanks Ybsrobin...I will keep that in my favorites. Here's a thought. I think there are many good people on these blogs with great ideas and knowledge. I am in Orange County but think of the possibilities of taken a few of us from each County to work these issues the great justice we can do together in resolving some of these issues. WE NEED VOICE and obviously I learn that FLORIDA is keen on signatures......so with a good few on teams from each County working together..WE CAN MAKE CHANGES.......Real changes that would work..perhaps I am a dreamer but I have done this too often to let it go and though its challenging because this is a different state and I must learn the laws of it which for the most part it has been very educational in the last couple of years just imagine the possibilities Tallen you - you have a voice and you have knowledge. YBSRobin and Boo and all of us here......WE NEED TO stop bickering on nonsense and get together for one another......again, perhaps is a big dream but to me its not impossible and one day I will, if God's willing, Get out and make it a reality..just as soon as my personal life settles a bit. I can say this, this has hardly been our dream of retirement MORE LIKE A SCENE FROM FREDDY KROUGER.......lol

candyaquino read my blog view my photos
May 21, 2008 | 11:05 AM

LOL.....YBSROBIN in your quote:

The primary purpose of the association is to protect and preserve the value of the privately and commonly used property. In furtherance of that goal there may be restrictions concerning pets; requirements as to fence height; or limitations on the number of cars allowed in the driveways. These rules often conflict with the desires of an individual owner but exist for the general good of the entire community. In addition, the association may have the responsibility to repair and maintain portions of the community, such as roads, roofs, and recreation facilities.

YEP THAT'S WHAT I THOUGHT...until I myself was a member and saw it was a different ball game. For the most part, THEY JUST DON'T CARE...just collect the money and make people miserable. I have witnessed it first hand and also documented it...which that's another thing. The Minutes were supposed to be documented as public records and the last time I checked many were not in there...just an example...

Page 1 of 2
1
Last


Write your comment below:




KellyJ

I'm a reporter for FOX 35 News. I moved here January 2006 from cold Milwaukee, Wisconsin. It's been an exciting new adventure. I still feel as if every weekend is a vacation. Beaches, theme parks, pools. It's all new to me. When friends from up north make wise cracks about the hurricanes I remind them of the 20 below temperatures they have to endure every winter. It's so cold reporters have to use markers instead of ballpoint pens when covering an outdoor story because the ink freezes. Ha. I'm happy to be here and excited to cover the news that matters most to you.

Member Since: 8/4/2006