I hate Homeowners Associations.......

sarettah · 09-12-2003

http://www.sun-sentinel.com/news/local/sou...-home-headlines

Jupiter homeowner faces foreclosure for flying U.S. flag
By Peter Franceschina
Staff Writer
Posted September 11 2003

Defiant flag flier George Andres once again is facing the prospect of losing his Jupiter home after a Palm Beach County judge ruled Wednesday that his homeowners association could go forward with a foreclosure sale next month to collect legal fees.

Andres, a Marine veteran, said he was worried about losing his home, but he vowed to appeal the latest ruling in a legal saga that has spanned more than two years.

"We are going to fight," Andres said.

It is the second time in recent months that Andres' home has moved toward the auction block. He was granted a reprieve in May when Circuit Judge Edward Fine agreed to reconsider his order authorizing the foreclosure.

The Florida Attorney General's Office stepped in and argued that Andres' home was constitutionally protected under the state's homestead law from foreclosure by a homeowners association attempting to collect a legal debt.

Andres' homeowners association prohibits flagpoles, and Andres has a 12-foot flagpole in his front yard. Another judge ruled that Andres didn't have a right to put up the flagpole, and the association filed a lien on the property to collect roughly $21,000 in attorneys' fees and legal costs expended in winning the case.

Fine rejected the argument from the Attorney General's Office and issued a ruling Wednesday that found the association's right to file a lien against the property was established in 1982, when its covenants and bylaws were recorded in land records, six years before Andres purchased his home.

Last edited by sarettah at Sep 12 2003, 06:04 AM

Opti · 09-12-2003

This sounds like something that might happen in the Florida retirement village Everyone Loves Raymond's parents live in!

SykkBoy · 09-12-2003

HOA's are the work of the Devil..and not in the fun way.........

kath · 09-12-2003

That sucks! :grrr:

My parents are battling their HOA out here in California - a seniors park that has now decided to allow under 55s to move in.... the first house opened up was sold to a family with 8 kids. 8 kids in a 3 bedroom??? Needless to say they are making the lives of these seniors HELL and are tearing up the once beautiful retirement village.

They also won't allow satellite dishes - including the mini Dish Network deals and such... too many rules, too much bullshit - but I'm sorry, forbidding FLAGS??? That's just ridiculous.

:angry:

ulfie · 09-12-2003

My aunt lives in a plan called Laurelwood, I call it the peoples republic of Laurelwood. Her youngest daughter is a really talented artist so she bought her a bunch of driveway chalk and she drew a really cool mural on the driveway. Someone complained to the HOA and my aunt got fined. My aunt bought a bunch of hanging planters and put flowers in them and hung them from the front porch. Fined again. She put up christmas decorations outside and they were deemed "excessive". Fined again. Some people really need to get a life and mind their own business.

TheHarvMan · 09-12-2003

Sorry to hear that man HOA's are a bitch and always will be. Not much you can do.

Peaches · 09-12-2003

I have to admit, the only thing I don't like about my HOA is the current gate issue.

Every other "rule" they've implemented has been good for the community. There aren't any strict rules on your home except a minimum heated space size (which is only 850 sq ft), no mobile homes, 200 feet from the water (this is actually a county law), and no structures less than 10 feet inside all property lines. We don't have mailboxes, and people have flags all over the place.

Of course one guy's flag and flagpole were stolen a couple of weeks ago....probably by someone that snuck into the "gate".

SykkBoy · 09-12-2003

My best friend has this gate on the side of his house that leds to his backyard. It was fading and a bit weather beaten, so the HOA sent him a notice to get it painted white. Well, he hired a contractor to come out and before the contractor made it, the HOA had hired their own contractr and sent him to paint it. They sent my friend the bill for $800. He could have probably painted it himself for cost of paint. The othercontractor was going to do it for $150.

Well, he fell on some hard times and wasn't able to pay the $800. After two months, the HOA sent it to collections with interest so the bill came to over $1100. (not sure how they justified charging $300 interest in two months).

They then decided they were going to put a lein on his house.

I loaned him the cash to get it paid and luckily he avoided them forclosing on his house.

While I understand the importance of having an HOA, I think they are just gateways to abuse.

Whenever my friend drives past the house of the rpesident of the HOA he does a seig heil salute.

kath · 09-12-2003

Wow... that sucks....

All those fines - all those stupid rules....

I agree - HOAs are just not worth it. I need to get my parents in a better retirement park.

Kittyfuzz · 09-12-2003

I am just so over my HOA. I think they are all just on a big ass power trip cause their dicks are too small, or their tits aren't big enough!

Mine won't allow ANY type of sporting equipment....We put in a basketball hoop for the kids, and they were going to fine us for it. So, we bought a portable one, they saw it out once when they kids were playing with it, guess what? We saw another letter a few days later. They won't build a park in the neighborhood, nor a community pool, but, they will spend thousands of dollars on a pretty neighborhood sign and paving the mailbox area! But, we aren't allowed to have basketball hoops to entertain the kids!

I just wish they would grow a little balls and instead of hiding behind paper and ink, come up to my house and tell me to take my shit down. Then let's see what has to go..... :grrr:

Sharpie · 09-12-2003

I have mixed feelings about them. They protect property values, which can be important. Some are run by pompous asses, who don't have good sense. I am in one in Florida, (it is a small association) my girlfriend didn't like some of the rules, so she got involved. She is in her second term as President. I am very happy with this association, as they have taken care of problems from time to time, brought on by people who didn't give a damn what clutter they had around their homes, or various other nusiances. Put a 'for sale sign up on your home and then you are very interested what the neighborhood looks like.

Most associations do the landscaping, and this keeps a neighborhood looking nice. Unkept or shitty lawns - affect property values. Naples is one of the most well- kept cities I have ever been in, and it is because of the 'associations and their penchant for good landscaping and well kept neighborhoods. I made an offer on a house in Cape Coral on the water today - this is a big investment and one of my concerns is that the neighborhood doesn't get run down looking. It is not in an association, so I could be at the mercy of the guy next door or accross the street who desides to paint his house shartrose or let weeds grow up around the house. My resale value would be down the tubes.

One of the important things is to READ the association rules - and make sure you know what they are and can live with them, BEFORE you buy. Changes llater could always be a problem. Most over 55 communities allow 20% under that age, but they usually also include how many can occupy a home.

It is a catche 22.

Peaches · 09-12-2003

One thing I need to point out is that in our county, there really aren't any zoning laws. That was one thing about looking at property outside a subdivision for me - my next door neighbors could move in 10 trailers and rent them out and/or start a chicken farm.

My contract was contingent on my acceptance of the bylaws and IMHO, they're fine. It's mostly retirees and 2nd homes here, so they're not very strict about decorating inside/outside/etc. In fact, there's a blue log house on the top of the ridge - the Smurf house - owned by a couple of gay guys.

In a resort area, you get away with a lot more - the fake deer become cute kitsch here, but wouldn't be so cute in a neighborhood where all your lawns had to be planted with the same type of grass (and yes, there are MANY HOA's in the Atlanta 'burbs that have that requirement).

The subdivision I lived in when we were in Marietta didn't have a formal HOA, but they had "rules". Simple ones - like don't leave a dumptruck parked outside your house for more than a week

- but since there was no HOA, there was zero way to enforce anything. I like this better.

Our bylaws are basic common sense, put there for those that lack it and like Fay said, it helps with the property values.

CG · 09-12-2003

Quote:

Originally posted by Sharpie@Sep 12 2003, 07:37 PM
I made an offer on a house in Cape Coral on the water today - this is a big investment and one of my concerns is that the neighborhood doesn't get run down looking. It is not in an association, so I could be at the mercy of the guy next door or accross the street who desides to paint his house shartrose or let weeds grow up around the house.

Some areas of the Cape are still worth investing in, some aren't.

I hope your investing in the SW area ?

One upside is the city has ordinances set to help avoid neighborhoods
from looking like shit.

good example: no commercial vehicles are allowed to be parked overnight
in residential neighborhoods.

bad example: (though not fully enforced) you are not allowed to leave
your garage door fully open for more than 1 hour.

The biggest downside to the Cape is the push for low income housing.
(no need to go into what that brings to a city)

BTW does the house have city sewer and water already ?
If not your looking at an additional 16-18k when it comes to your neighborhood.

Lived there 12yrs .... glad I got out when I did, seen alot of changes in
the Cape ..... and not all for the best.

sarettah · 09-13-2003

Quote:

Originally posted by Sharpie@Sep 12 2003, 07:37 PM
I made an offer on a house in Cape Coral on the water today - this is a big investment and one of my concerns is that the neighborhood doesn't get run down looking. It is not in an association

A couple of years back we were looking on that side of the river... Cape Coral seems to have enough rules with any Has from what I could tell...

some nice houses there on the water....

We have a condo in fort myers about halfway between town and the beach, along McGregor...... Once we get down there permanent (after my daughter is just a few years older) we will be looking for something on the river or on the beach....

although Jen likes the idea of living on a boat....

cant wait

ThrobX · 09-13-2003

Sorry, I have to disagree with this guy. When you move into a neighborhood that has an association and a covenant, and you sign said covenant, you have just entered into a legal agreement. If you don't like it afterwards, tough luck. It's there for a reason. I read our covenant to the letter before I signed it. And I'm going to stick by my side of the agreement.

If changes to the covenant are proposed at a later date by the association, read the proposed changes and open your mouth if you don't like them (or if you do).

But holy crap, the GOVERNOR coming and personally helping you break a legal agreement? People think he's being discriminated against because he can't wave the flag, and he's a veteran, yadda yadda. Put a flag holder on your porch and put a flag in it, like your covenant allows.

And all the people up in arms about this need to clean the cobwebs out of their head and use a brain cell or two. If the guy wanted to have a car up on blocks in his front yard, you wouldn't see all the support, but the issue is 100% the same. He wants to break a legal agreement that he's bound to, simple as that.

If I offended anyone, so be it, but seems cut and dried to me. The guy doesn't have a legal leg to stand on, at least in a country that makes sense. :grrr:

09-12-2003	#1
sarettah Stay Out Of The Box Want to see your own Advertising Here! Join Date: Oct 2002 Location: Lost in the ozone Posts: 10,318	http://www.sun-sentinel.com/news/local/sou...-home-headlines Jupiter homeowner faces foreclosure for flying U.S. flag By Peter Franceschina Staff Writer Posted September 11 2003 Defiant flag flier George Andres once again is facing the prospect of losing his Jupiter home after a Palm Beach County judge ruled Wednesday that his homeowners association could go forward with a foreclosure sale next month to collect legal fees. Andres, a Marine veteran, said he was worried about losing his home, but he vowed to appeal the latest ruling in a legal saga that has spanned more than two years. "We are going to fight," Andres said. It is the second time in recent months that Andres' home has moved toward the auction block. He was granted a reprieve in May when Circuit Judge Edward Fine agreed to reconsider his order authorizing the foreclosure. The Florida Attorney General's Office stepped in and argued that Andres' home was constitutionally protected under the state's homestead law from foreclosure by a homeowners association attempting to collect a legal debt. Andres' homeowners association prohibits flagpoles, and Andres has a 12-foot flagpole in his front yard. Another judge ruled that Andres didn't have a right to put up the flagpole, and the association filed a lien on the property to collect roughly $21,000 in attorneys' fees and legal costs expended in winning the case. Fine rejected the argument from the Attorney General's Office and issued a ruling Wednesday that found the association's right to file a lien against the property was established in 1982, when its covenants and bylaws were recorded in land records, six years before Andres purchased his home. Last edited by sarettah at Sep 12 2003, 06:04 AM __________________ Free Adult Webcams

09-12-2003	#3
SykkBoy Polishing the Chrome on Bishops Motorcycle $100 for every ImLive sign-up Join Date: Oct 2002 Location: Hell: Bowels : Level 9 Posts: 4,153	HOA's are the work of the Devil..and not in the fun way......... __________________ ADULT PAYMASTER - All Site Access - Paying $70 October 5th! "Love your enemies...just in case your friends turn out to be bastards." - unknown

09-12-2003	#5
ulfie Members Join Date: Oct 2002 Posts: 1,143	My aunt lives in a plan called Laurelwood, I call it the peoples republic of Laurelwood. Her youngest daughter is a really talented artist so she bought her a bunch of driveway chalk and she drew a really cool mural on the driveway. Someone complained to the HOA and my aunt got fined. My aunt bought a bunch of hanging planters and put flowers in them and hung them from the front porch. Fined again. She put up christmas decorations outside and they were deemed "excessive". Fined again. Some people really need to get a life and mind their own business. __________________

09-12-2003	#6
TheHarvMan Members Join Date: May 2003 Posts: 31	Sorry to hear that man HOA's are a bitch and always will be. Not much you can do. __________________ TheHarvMan ICQ#150092593

09-12-2003	#7
Peaches Members Want to see your own Advertising Here! Join Date: Oct 2002 Location: Hills of N. GA Posts: 10,823	I have to admit, the only thing I don't like about my HOA is the current gate issue. Every other "rule" they've implemented has been good for the community. There aren't any strict rules on your home except a minimum heated space size (which is only 850 sq ft), no mobile homes, 200 feet from the water (this is actually a county law), and no structures less than 10 feet inside all property lines. We don't have mailboxes, and people have flags all over the place. Of course one guy's flag and flagpole were stolen a couple of weeks ago....probably by someone that snuck into the "gate". __________________ Peaches@onlinebeach.com ICQ# 36734533

09-12-2003	#2
Opti Members Join Date: Oct 2002 Posts: 1,205	This sounds like something that might happen in the Florida retirement village Everyone Loves Raymond's parents live in!

09-12-2003	#4
kath Members Join Date: Jan 2003 Location: California, USA Posts: 1,340	That sucks! :grrr: My parents are battling their HOA out here in California - a seniors park that has now decided to allow under 55s to move in.... the first house opened up was sold to a family with 8 kids. 8 kids in a 3 bedroom??? Needless to say they are making the lives of these seniors HELL and are tearing up the once beautiful retirement village. They also won't allow satellite dishes - including the mini Dish Network deals and such... too many rules, too much bullshit - but I'm sorry, forbidding FLAGS??? That's just ridiculous. :angry:

09-12-2003	#10
Kittyfuzz Members Join Date: Jul 2003 Posts: 123	I am just so over my HOA. I think they are all just on a big ass power trip cause their dicks are too small, or their tits aren't big enough! Mine won't allow ANY type of sporting equipment....We put in a basketball hoop for the kids, and they were going to fine us for it. So, we bought a portable one, they saw it out once when they kids were playing with it, guess what? We saw another letter a few days later. They won't build a park in the neighborhood, nor a community pool, but, they will spend thousands of dollars on a pretty neighborhood sign and paving the mailbox area! But, we aren't allowed to have basketball hoops to entertain the kids! I just wish they would grow a little balls and instead of hiding behind paper and ink, come up to my house and tell me to take my shit down. Then let's see what has to go..... :grrr: __________________ Get it at Pleasurelabs Pink, purple or flesh?

09-12-2003	#11
Sharpie Members Join Date: Oct 2002 Posts: 747	I have mixed feelings about them. They protect property values, which can be important. Some are run by pompous asses, who don't have good sense. I am in one in Florida, (it is a small association) my girlfriend didn't like some of the rules, so she got involved. She is in her second term as President. I am very happy with this association, as they have taken care of problems from time to time, brought on by people who didn't give a damn what clutter they had around their homes, or various other nusiances. Put a 'for sale sign up on your home and then you are very interested what the neighborhood looks like. Most associations do the landscaping, and this keeps a neighborhood looking nice. Unkept or shitty lawns - affect property values. Naples is one of the most well- kept cities I have ever been in, and it is because of the 'associations and their penchant for good landscaping and well kept neighborhoods. I made an offer on a house in Cape Coral on the water today - this is a big investment and one of my concerns is that the neighborhood doesn't get run down looking. It is not in an association, so I could be at the mercy of the guy next door or accross the street who desides to paint his house shartrose or let weeds grow up around the house. My resale value would be down the tubes. One of the important things is to READ the association rules - and make sure you know what they are and can live with them, BEFORE you buy. Changes llater could always be a problem. Most over 55 communities allow 20% under that age, but they usually also include how many can occupy a home. It is a catche 22.

09-13-2003	#15
ThrobX Members Join Date: Dec 2002 Posts: 431	Sorry, I have to disagree with this guy. When you move into a neighborhood that has an association and a covenant, and you sign said covenant, you have just entered into a legal agreement. If you don't like it afterwards, tough luck. It's there for a reason. I read our covenant to the letter before I signed it. And I'm going to stick by my side of the agreement. If changes to the covenant are proposed at a later date by the association, read the proposed changes and open your mouth if you don't like them (or if you do). But holy crap, the GOVERNOR coming and personally helping you break a legal agreement? People think he's being discriminated against because he can't wave the flag, and he's a veteran, yadda yadda. Put a flag holder on your porch and put a flag in it, like your covenant allows. And all the people up in arms about this need to clean the cobwebs out of their head and use a brain cell or two. If the guy wanted to have a car up on blocks in his front yard, you wouldn't see all the support, but the issue is 100% the same. He wants to break a legal agreement that he's bound to, simple as that. If I offended anyone, so be it, but seems cut and dried to me. The guy doesn't have a legal leg to stand on, at least in a country that makes sense. :grrr: