The Fascist HOA and my response (link edit)
Hey everyone,
This is my lawn:
http://www.palmettovideo.com/images/lawn.jpg
Our local fascist HOA here in South Carolina stated that our yard is 'in need of maintenance, mowing and edging'. That also state that it is essential that homes 'maintain the quality and appeal of the community'. If I do not change something within 20 days, they will fine me $50 or more and if I don't pay over a period of time, I've read that other HOAs have the power to even foreclose on your home. We wouldn't live in an HOA, but in this town there isn't much else.
Here was my e-mail response to their letter - I'd love your feedback!
I recently received a notification regarding the condition of my lawn. If this was a mistake, disregard the rest of this e-mail. If it was not a mistake, please read what I have to say. I pride myself on keeping the lawn looking nice and have one of the more green lawns in the neighborhood. I mow it every week or two depending the amount of rain and growth, but the growth has never exceeded 3 inches in length. My family and I get by with my teachers salary and it is a major commitment for us to pay the $480 / year in dues to the HOA. There are several areas of common property and foreclosed properties in the Willows with overgrown weeds, disgusting driveways and trash. I have not seen one penny of my dues go to make these areas 'maintain the quality and appeal of the Community' as you all so aptly describe it. Also, the areas around our lagoon have been mowed by me and I remember that this was supposed to also be done by the HOA. After the recent graffiti on some of the stop signs, it took the HOA a very long time to repair the above mentioned. In addition to this, my wife and I have always paid our HOA dues in full. If you all have a problem with the lawn, you need to have the courtesy of knocking on the door and showing me exactly what the problem is. I will fix it without the harassment of a letter. Even the police pull you over for speeding before issuing a warning. The whole premise of the HOA is completely in violation of the state and national constitution regarding private property rights (SC: http://www.scstatehouse.gov/scconstitution/a01.htm - Section 1, 10 and 13). In addition, the separation clause in the US and SC constitution constitutes that only legislative bodies may make law, and an HOA is not a legislative body of elected officials. You have no right to step foot on my private property without my consent. I will continue to maintain the lawn in the same manner that I always have, and if you have a problem with my lawn, you will need to show the courtesy of knocking on my door and showing me the problem. I will gladly fix anything when nicely asked. If you continue to send notifications or fines without this courtesy, you can count on not receiving any further dues or any fine payments. Please try and be considerate to the homeowners who pay their mortgage, bills and dues on time instead of those that abandon their property or don't pay any HOA dues or you will lose what little support you have.
What a beautiful lawn
I think you should find a mediator before you need an attorney.
WE ARE GOING TO WIN!
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HOA's are just mini government....
full of little power hungry people who's whole life revolves around telling their neighbors what they can and can't do. instead of worry about their neighbors bringing down the value of their homes they should get together and send a few letters to the Federal Reserve.
i live with a buddy from high school. i'm not sure what he pays per year, but it's not cheap. the last two winters i haven't seen a single plow during heavy snow. i specifically remember just a few months ago the entire street digging ourselves out with shovels and snow blowers.
i may try to get my roommate to run for HOA president. his only goal will be to dissolve our neighborhood HOA and we'll enter into Home Owners Anarchy.
No matter who you vote for, the government always gets in - Bill Hicks
I must be missing something
because I don't understand what the HOA has an issue with. It looks fine in the picture you linked. Is it possible they sent the letter to the wrong address? Maybe a typo on the envelope?
FYI....there are a lot of nuts out there these days and no way would I recommend a knock on anyone's door to complain even in a friendly way. In our HOA all letters like that are sent by the HOA attorney.
One problem
On the one hand you tell them not to step foot on your property. On the other you request the curtesy of a knock on the door as apposed to a letter/written notice. Just an observation. I am not sure what an HOA is.
Home owners association? Or what I call open yourself up for neighbors who like to start trouble. I think I would live in a tent before I would live in a subdivision even. I would be the wierd lady that never came out of the house. I like people (some of them) But I don't want to have to feel like I have to chat or dress to go get the mail,feed the animals,garden. I don't want to hear the neighborhood gossip. I like to sit on the deck in my undies or less if I want to. I have been in the rural area for 26 yrs and don't know how people live close in. I don't even like to go any more than neccessary. Good Luck. I don't mow much. I let the horses out to eat the grass. It's shabby but it saves money on feed. And gas/wear and tear on the mower;)
Yes, yes, I didn't even know what suburbia was
until I met my husband, and spent a few months there, and decided I absolutely DESPISE it. It seems that all the houses are the same, or at least built the same (stick homes). And the lawns are all neatly trimmed, and waste their time and water on them. And NO ONE has a vegetable garden in the front yard. As if vegetable gardens are ugly. Well, I always thought suburbia was ugly. We live 30 miles from town on a four wheel drive dirt road, over two cattle guards, on 40 acres. A neighbor of mine who came from California (obviously a suburb) and complained about the fact that I hang my laundry out. (We, and her, are off grid). She couldn't see my laundry hanging unless she hung her head way out her car window while driving very slow by my house. I guess it really makes one think differently, living in suburbia, that one has a right to tell their neighbors how to live. Sorry, on a rant here.
The link in your post doesn't
work.
Fixed it :) Thanks!
Fixed it :) Thanks!
Palmetto bump
A friend from Greenville said her HOA "made them" choose what color their house "had to be" from a list of approved colors. Made them put their sidewalk and entry in a certain direction...etc etc.
Totally ridiculous!!
***
Freedom is not: doing everything you want to.
Freedom is: not having to do what you don't want to do.
~ Joyce Meyer
Freedom is not: doing everything you want to.
Freedom is: not having to do what you don't want to do.
~ Joyce Meyer
If it's in the restrictive
covenants, there isn't anything you can do about it. It's your responsibility to know what you're agreeing to before you sign the mortgage.
And, before you say they should simply change the covenants?? Yeah right. Been there, tried that. It's impossible. It's stated in the covenants how they can be changed. Good luck getting it done. Usually it requires 75% of the homeowners to agree to a change, and there is a series of legalities that must be followed to get it done. Meeting to be held, notifications to be sent out, and if all else fails, a door to door effort to get the required signatures. Ours states that any changes must be made within 2 years of the date of the recording of the document or the changes have to be done through this process. Except that the HOA doesn't take over until long past the 2 year window. It makes no sense.
My point
My point is that it's unconstitutional. We should find a way to get Ron Paul to draft national legislation that strictly forbids HOA's from implementing any type of punishment or fine. If people want to sell their property or make it valuable they will make it look nice themselves. Simple as that. I don't think Thomas Jefferson would have met his local covenants in Virginia for constructing Monticello.
I also think that I would have legal grounds for stating that their isn't enough non-HOA housing available for those that don't want to come under the authority of the HOA tyranny local government. Isn't it the same as suing for not enough affordable-housing? In this town, it is literally 98% HOA-communities.
I think you're missing the point.
The developers do own the property. They can set up anything they want to. When they build and sell houses, it's up to the prospective buyer to decide if they want to live by the "rules". At the time the covenants are written and recorded, it is the property of the developer. Are you suggesting that developers should have different "rights" to do with their property than other people??
Good for you-
pointed yet polite. ------
Libera me, let the truth break, what my fears make--Leslie Phillips
What's next after End the Fed? Repeal the XVI and XVII Amendments!
But that man should play the tyrant over God, and find Him a better man than himself, is astonishing drama indeed!~~D. Sayers
There is no difference between an authoritarian government from the right or the left...F. A.Schaeffer
Does your HOA have restrictive covenants?
If so, you should have received a copy of them at your closing with all the other paperwork. The HOA is bound by those covenants. They likely didn't draft them, but they are obligated to enforce them. Just as you're upset at being cited for an infraction, there are other homeowners who moved there to have something enforceable to maintain the property value. If your HOA doesn't have them, then see an attorney because they might not have the authority to demand or fine. In our HOA it is all specified. Lawn maintenance, common areas, dues, and dozens of other issues are all addressed. And, yes, it is stated within them that if a homeowner fails to comply they can be sued in court, fined, and even have a lein placed on their property. Lein holders can force foreclosure, though that would be rare. I would advise that if you're in doubt, you better consult an attorney. It is your responsibility to know the rules governing your property. If they are rules that you don't like or want to abide by then it's your right to purchase property elsewhere. But, you can't simply cry "foul" after the fact. I don't like all of our "rules" either, but that's what I agreed to when we purchased our home. Restrictive covenants are legally binding.
One more thing...you might also be liable for all court costs in the event the HOA does take you to court over an issue. Usually, the covenants were drafted by the original developer and then passed down to the HOA when they take over after the properties are sold and the developer moves on to other projects.
Great Letter!
Please keep us up-to-date on what happens.
PS. The link to your photo didn't work for me.
Roanoke, Virginia
http://www.facebook.com/Roanokers4RonPaul