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Some of these HOA's sound like governments . . . like the one with 3800 homes' owners protesting with yellow mailboxes. Most towns are actually incorporated entities, so they are effectively large HOA's. It gets even worse at the state and federal level: as sovereign entities, they can be sued in the relevant courts only if they consent to be sued. Notice, those HOA governing boards maintain that they are "democratically elected."
Some of these HOA's sound like governments . . . like the one with 3800 homes' owners protesting with yellow mailboxes. Most towns are actually incorporated entities, so they are effectively large HOA's. It gets even worse at the state and federal level: as sovereign entities, they can be sued in the relevant courts only if they consent to be sued. Notice, those HOA governing boards maintain that they are "democratically elected."
We are not a democracy. We are a Democratic Republic. The rights of the individual is supposed to be protected over the desires of the majority.
Some of these HOA's sound like governments . . . like the one with 3800 homes' owners protesting with yellow mailboxes. Most towns are actually incorporated entities, so they are effectively large HOA's. It gets even worse at the state and federal level: as sovereign entities, they can be sued in the relevant courts only if they consent to be sued. Notice, those HOA governing boards maintain that they are "democratically elected."
We are not a democracy. We are a Democratic Republic. The rights of the individual is supposed to be protected over the desires of the majority.
You are of course correct. Individuals have inalienable rights that do not disappear on a government/HOA say-so. That's a concept that decades of public schooling and central planning have yet to expunge.
Never buy any house associated with an HOA. You never actually own the house if you do. You rent it forever and it can be taken away far too easily. Agreeing to obey the HOA is the modern day equivalent of indentured servitude.
As far as I'm concerned, any house under HOA authority has a capped value of $20 regardless of how big it is. The one good thing about the housing bust is the HOA having to foreclose on houses worth less than the mortgage. Fuck them all.
APOCALYPSEFUCKisShostikovitch says
HOAs can easily be handled. They fuck with you, pile 20 tires on your lawn, soak them with gasoline and light 'em up. They stop fucking with you. You put the fire out. They'll learn after a while.
Uh, you didn't think this one through. Once the fire starts everyone in the county will use your front lawn as a landfill. That 20 tires will be 200 in a heartbeat. Then come the tailgaiters. In two days you'll have NASCAR and Larry the Cable Guy and every toothless demented bropappy squatting in the hoe-down that used to be your house. And they will all be packin', so think twice about bustin' out the gatling.
So you've been to Florida, then?
"We are not a democracy. We are a Democratic Republic. "
uh NO.
Constitutional Republic. Ring any bells ?
http://www.stopthenorthamericanunion.com/NotDemocracy.html
Another new P-Net low water mark.
HOAs ARE governments. They can make any rules they want by majority vote as long as it does not conflict with City laws and ordinances, County laws and ordinances, State laws and ordinances or Federal laws etc.
If you want to defeat a HOA, just find a law from one of those that contradicts or disallows the HOA rule, otherwise, you are out of luck.
Wrong.
We are a Republican Demographic.
"We are not a democracy. We are a Democratic Republic. "
APOCALYPSEFUCKisShostikovitch says
HOAs can easily be handled. They fuck with you, pile 20 tires on your lawn, soak them with gasoline and light 'em up. They stop fucking with you. You put the fire out. They'll learn after a while.
Uh, you didn't think this one through. Once the fire starts everyone in the county will use your front lawn as a landfill. That 20 tires will be 200 in a heartbeat. Then come the tailgaiters. In two days you'll have NASCAR and Larry the Cable Guy and every toothless demented bropappy squatting in the hoe-down that used to be your house. And they will all be packin', so think twice about bustin' out the gatling.
So you've been to Florida, then?
Yeah, this wouldn't really go down in, say, Orlando or Jacksonville. Although, trek to the wilds of Bithlo or Plant City and you may just find you some trash burners yet, though those areas don't really have what you'd rightly call an HOA, or even a neighborhood. . . .
And who are these power hungry people that make up these HOA boards? Some of them are quite the characters.
And who are these power hungry people that make up these HOA boards? Some of them are quite the characters.
I ran for an HOA board once, because the guy running for president was so obviously batshit power-mad that I was terrified of not being on the board.
His philosophy was "If it works, change it."
Seriously: we had an infinitesimal dues-delinquency rate - the lowest our advisor had ever seen - so the president pushed to implement hefty late fees.
Of course, he proclaimed himself a small-government conservative as he strived to implement ever more rules, do's & don't's, and fines.
If you want to know a man's character, give him power.
If you want to defeat a HOA, just find a law from one of those that contradicts or disallows the HOA rule, otherwise, you are out of luck.
There are other ways, but it requires litigating. As an example, in that article, there were a few cases where the HOA hadn't enforced one of the regulations historically, so you may have a good defense in some cases.
If I ran into one of those cases, I'd sue the shit out of the HOA and get attorney's fees, regardless of whether it pissed off my neighbors -- they should know then to vote those assholes out of power.
HOAs are organizations that have become somewhat infamous for imposing arbitrary fines and liens on unpopular or "rogue" homeowners, making shit up as they go along, treating people unfairly, enforcing strict adherence to their rules, collecting fees, and acting irrationally or illegally.
The people who sit on their boards are often petty, vindictive, utterly incompetent, and/or control-freakish.
HOAs are organizations that have become somewhat infamous for imposing arbitrary fines and liens on unpopular or "rogue" homeowners, making shit up as they go along, treating people unfairly, enforcing strict adherence to their rules, collecting fees, and acting irrationally or illegally.
The people who sit on their boards are often petty, vindictive, utterly incompetent, and/or control-freakish.
How do you go about putting them in their place, besides burning tires on your front lawn?
It's best to be on the HOA board yourself, so that you can determine the maximum number of Gatling guns each household is allowed to own.
APOCALYPSEFUCKisShostikovitch says
Correction: throw burning tires into the chimneys of all the other houses and have spouse at a good vantage point to bead on the the HOA squirrels when they run from the flames and smoke. Once the HOA is depopulated, you can elect yourself HOA emperor for life and replace the bylaws with a picture of your gonads.
Much better
HOAs are organizations that have become somewhat infamous for imposing arbitrary fines and liens on unpopular or "rogue" homeowners, making shit up as they go along, treating people unfairly, enforcing strict adherence to their rules, collecting fees, and acting irrationally or illegally.
The people who sit on their boards are often petty, vindictive, utterly incompetent, and/or control-freakish.
How do you go about putting them in their place, besides burning tires on your front lawn?
Make sure there are no cameras or witness, and then use physical force
We are a Democratic Republic.
What the fuck is a non-democratic republic?
The bottom line is that democracy and republics are antithetical governments. One puts its trust in the people while the other distrusts the people so much it requires representatives.
Personally, I have found little evidence in American history to support the hypothesis that republics are better than democracies because the representatives are smarter, more honest, and less corrupt than the common man. However, I have found tons of evidence in our history to refute that hypothesis.
And who are these power hungry people that make up these HOA boards? Some of them are quite the characters.
They are mostly old women with nothing better to do than snoop on their neighbors. Typically the few old men on the HOA board don't give a crap about what you do with your property and just want to read the newspaper in piece but a nagging wife or old woman on the board is bugging him to vote to send a reprimand about it to the home owner.
Boca is full of old women who haven't been fucked since the Nixon administration. They are bored, restless, and have nothing to do. So they spend all their time on HOA boards making life miserable for everyone else.
The only people who are qualified to be on an HOA board are the ones who don't want to be on it because they have other things to do.
Shit, this applies to being in Congress or the White House, too.
If you want to defeat a HOA, just find a law from one of those that contradicts or disallows the HOA rule, otherwise, you are out of luck.
There are other ways, but it requires litigating. As an example, in that article, there were a few cases where the HOA hadn't enforced one of the regulations historically, so you may have a good defense in some cases.
If I ran into one of those cases, I'd sue the shit out of the HOA and get attorney's fees, regardless of whether it pissed off my neighbors -- they should know then to vote those assholes out of power.
Yup, HOA are not supposed to do malicious, selective, retroactive or invidious enforcement. Also, if you notoriously break a rule without the HOA placing you on notice for a year, you can claim to be effectively grandfathered.
They can try to enforce the same rule on newcomers, but the newcomers might then try to cite selective enforcement.
If you find somebody breaking the rules notoriously without repercussion, and the HOA tries to enforce the same rule on you, you can state they are selectively enforcing.
Sometimes HOAs lose their enforcement status due to lax or non-uniform application of their own rules.
http://gawker.com/5830257/the-horror-of-homeowners-associations