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Rumor Mill News Reading Room, Current Archive

Reader: "Without suing, owner is locked in a losing battle with HOA board"

Posted By: hobie
Date: Sunday, 30-Aug-2015 03:17:01
www.rumormill.news/26341

(Thanks, C. :)

Reader C. writes and sends us:

=====

This column should be required reading for every HOA homeowner and home buyer! Don't ever think "these things happen to everyone else," or "they must have done something wrong to deserve this, or have this happen to them in/by the HOA." Nothing is further from the truth and the HOA horrors, homeowner abuses and theft of innocent HOA homeowners homes and equity is across America!

Many HOAs appear to be the worst scams and traps in America today. Even, if contractual responsibilities are defined and recorded in your deed, good luck getting anyone to enforce them and even in many courts the laws and HOA homeowners rights will not be upheld. I believe this injustice is planned and those involved in any of the HOA board, judicial and/or legal criminality, or injustices should be charged, prosecuted, sentenced and their victims rectified. No matter who these people are, their positions, or who they know. These abusive HOAs are predators for property, equity and their victims finances. Some abusive HOA groups and their syndicates target, frame, slapp, etc. the most vulnerable populations in our society and and those unknowingly vulnerable and unsuspecting for these terrible injustices and property thefts!

Thank you Donie Vanitzian for another great, factual and educational HOA column!

----

Without suing, owner is locked in a losing battle with HOA board
http://www.latimes.com/business/la-fi-associations-20150830-story.html

Question: Eleven years ago, I bought the perfect town home. I read all governing documents, attended board meetings, talked to owners, then closed escrow. After I moved in, the board fined me for something preposterous. I paid it to get them off my back.

Since then, reserve accounts have been depleted and special assessments reign. There's perpetual maintenance going on, but nothing gets fixed. I'm acting as my own attorney in a dispute with the board, which stays in power because of inertia and a complicit management company.

My home has become a paper jungle of file cabinets, faxes, copy machines and chalkboards. All my savings have been spent fighting this association, and I lost my job because of it. I want to sue the board but can't afford it. How did I get in this mess and what can I do about it?

Answer: Perhaps you were too focused on the perfect town home and not enough on pre-purchase diligence about the homeowner association's functioning. Concentrating on tenure of the board, management, accounts payable and receivable, turnover sales, maintenance issues or the lack thereof might have proved more valuable in making a decision on whether to buy.

Before committing to a purchase, buyers need to realize that nothing stays the same. Governing documents could change during escrow or after purchase and nothing prevents owners from being fined after newly moving in.

Upon realizing there were problems, you should have catalyzed joint action with like-minded titleholders to effect meaningful change without litigation. If self-help efforts don't work, regroup and try again. This is usually impossible once you get into the court system, making litigation a riskier option.

When a lawsuit is contemplated, effective litigation starts strategically: ...

Read more:

http://www.latimes.com/business/la-fi-associations-20150830-story.html

*************************************************************************



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AN EXPLANATION OF THE FACTIONS