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Over Aggressive HOA?

3,713 Views | 21 Replies | Last: 2 yr ago by Ulrich
CS78
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Has anyone done it? I have a house in Edelweiss. Im constantly getting hit with violation letters of things that I dont see as an actual problem. Grass that isnt tall but "needs to be mowed", grass clippings left after mowing, grass that has brown spots, trash cans on the curb less than 24 hours after the pick up, stucko that was just cleaned but is "moldy". They use the blanket restrictions to issue violations based on their opinion. There is no metric being applied for grass height, time that a trash bin can be left out, etc. Its to the point that my tenant is being harassed and could end up leaving costing me significant money. Has anybody ever filed suit for harassment?

Planning to talk to my attorney today and hoping I can just have him discuss directly with the HOA attorney.
one MEEN Ag
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AG
CS78 said:

Has anyone done it? I have a house in Edelweiss. Im constantly getting hit with violation letters of things that I dont see as an actual problem. Grass that isnt tall but "needs to be mowed", grass clippings left after mowing, grass that has brown spots, trash cans on the curb less than 24 hours after the pick up, stucko that was just cleaned but is "moldy". They use the blanket restrictions to issue violations based on their opinion. There is no metric being applied for grass height, time that a trash bin can be left out, etc. Its to the point that my tenant is being harassed and could end up leaving costing me significant money. Has anybody ever filed suit for harassment?

Planning to talk to my attorney today and hoping I can just have him discuss directly with the HOA attorney.
Couple questions to help judge context: How big is your neighborhood, how much do they hate renters, how much do renters actually suck in your neighborhood (be honest), and how close is your home to someone who is an important player on the HOA board?

It could be harassment against a renter as retribution against you for renting. It could also be a new contracted HOA servicer who is eager to report every violation. It could also be a busybody neighbor.

You're basically trying to prove that they are unfairly writing violations against you. Might be difficult. A legal letter might get them to tone it down or forever mark you as a problem. I don't think you care about the second since they are already a problem for you. You're probably going to want cameras to get timestamped proof of things. Your tenant probably doesn't want cameras.

The people I know who have the most success against over enthusiastic HOAs are lawyers. They don't have to pay to fight and the HOA does. Everyone else has to think in terms of dollars for pissing matches.

Best of luck.
Kenneth_2003
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That neighborhood is in CS, correct?

I recall College Station does have fairly strict ordinances regarding trash cans on the street and the time of day they can be placed and by when they must be removed on trash day. Wasn't it something like no earlier than 7PM the day before and gone by 7PM the day of pickup?

Who is doing the lawn care? Are they cleaning up the clippings?

Does sound like the HOA doesn't like non-owner residents.
EclipseAg
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I had a "little" bit of success by complaining directly to my HOA about the management company's practices. I would regularly see their people creepily patrolling the neighborhood in a private car, stopping in front of houses to take photos with a long-lens camera and entering data in a laptop.

It was so creepy that one of my family members thought they were being followed by an abductor while walking the dog.

I also approached the car directly once and asked them to provide me with identification. I warned them that they looked like they were casing the houses for a break-in, and they were in danger of having someone call the police on them. Of course, they were freaked out that someone turned the tables on them.

The management company finally admitted that while it was legal, their system was creepy and since then, they have taken a much less aggressive approach.

In the midst of this, I also drove a few streets myself and noted long-standing violations that had existed for a decade or more, and sent them an itemized list asking why these weren't taken care of (for example, burglar bars and decorative iron driveway gates are forbidden but several people have these). The management company refused to explain those cases, citing privacy laws, but they stopped picking on me.

My theory on all this is that once a house has a single issue, the inspection crew continues to stop there to follow up and they notice other things that might be missed during a regular drive-by. So in essence, they do wind up picking on certain houses.





Texker
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EclipseAg said:



My theory on all this is that once a house has a single issue, the inspection crew continues to stop there to follow up and they notice other things that might be missed during a regular drive-by. So in essence, they do wind up picking on certain houses.




I think there's merit to that as I felt the same way once I was issued my first violation letter by the city.(No Marxist HOA but was busy body neighbor initiated.)

Also the Prop Mgmt Co is trying to justify their fees by showing a certain level of activity/impact.
Rexter
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You need to read your CC&Rs. If either you or the HOA is operating on opinion, that doesn't work. Follow the CC&Rs to the letter.
Absolute
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Like the theory of hoas, hate them in practice. Happy to not have one now.

Years ago, in my old house, we received 6 notices within a week of buying and moving into our house. I asked why they hadn't made the previous owner (seller) do those things. They said he was "uncooperative.". So I guess they gave up on him. I told them I had most of their "items" on my to do list, but I would do them at my own pace, since they were preexisting.

Also found over the years, in addition to general incompetence with the hoa and management people, that it seemed to mainly be a way to harass people they didn't like or that maybe neighbors didn't like and reported regularly.

We changed landscaping regularly and never heard a peep. Neighbor changed theirs or did anything and they would get written up. Think other neighbors didn't like them and reported them.

As to the op. Definitely sounds like you are being targeted. Brown grass? Really? Had a section of my st a go brown this year. Worked on it Un successfully, but I would have been sol. That seems insane for the hoa to comment on,unless they are paying to fix it.
Garrelli 5000
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Our one run in years ago turned out well. We and several of our neighbors received letters in January about weeds in our beds. Dead of winter - nothing is growing in any beds.

Soon after we received a $100 fine letter. We sent it back with a note that neither us nor our neighbors had weeds and it was clear they were trying to fleece us. Never heard from them again and didn't have a flash not fine when we sold.

Current hoa sucks. Not because they try to flag everything but they are pathetic at taking care of community areas. Painfully slow to replace dead plants, apparently the pool and gym are constantly closed because they don't fix things, etc. the developer chooses the how until the community is a certain %complete, but they just opened a new area on the opposite side of the main road that runs through the division. They're just pocketing $ because they know the home owners can't wait to kick them out.
Ol_Ag_02
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HOAs suck. Their purpose is not to create nice places to live. Their purpose is to make Associa money.
warreng
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We had an hoa management Co do this once. Come to find out they were charging the hoa for every violation they sent out. Easiest solution I found was to get on the board, become president fire management Co. It was a pretty good profit center for them. If I remeber they were making about 7k a year on letters
Redstone
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Had an HOA in Bryan and got about 5 letters.

Moved out of the area and don't have one now.
OnlyForNow
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Also, the keys changed for HOAs. The changes in law really favor homeowners now over HOAs.

Be sure you read up on it! They have to provide documented proof of the violation, is the biggest thing.
Sea Speed
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have a link where i can read up on them? i appreciate it.
OnlyForNow
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https://www.texasrealestate.com/members/posts/new-hoa-laws-go-into-effect-today/
Sea Speed
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Thanks ill give that a read this morning. First mention I've seen of it whatsoever.
Sea Speed
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Any idea what time frame a "timely notice about meetings" would happen to be? Currently we get a couple days at best.
OnlyForNow
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It's supposed to be at least a week's notice is what our HOA's attorney has told us.

If you make complaints, that'll get it fixed quick I assume, otherwise they (the HOA) lose their power.

The best things is that the HOA has to prove with evidence the "violation" so like this with the grass crap, "upkept manner" is total BS and won't fly. It will have to be changed to say, cannot be taller than 6 inches from the ground, then they'll have to have a picture of them with a ruler showing a majority of the yard exceeds that.


Some people serve on HOAs to control other people, folks like me serve on HOA's to restrict the HOA's ability from bothering good neighbors who are living normal lives.
Sea Speed
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I love your reason for being on the board. I would love to be on both the HOA and school board if my schedule would allow for it. I think I will run for both first chance I get if my schedule ever allows.

OnlyForNow
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My neighborhood has effectively flipped the HOA board, we are now a 4:1, "do what you want" board and let folks go about their own business.

Surprisingly, no one has brought home a junker car and left it in their front lawn!?
Lone Stranger
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OP....Edelweiss HOA is known for being pretty chill about things unless you have multiple issues simultaneously and several neighbors complaining. If this house is in the area of Marta and Von Trapp I would say everything the HOA is alleging is true and has been true since spring. It did help tremendously that the fence finally got put back up after being down most of the summer. Maybe your place is across Rock Prairie on the other side. Just thought I would check.

62strat
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OP, I'm on my HOA board, and only 1 out of 10 violation letters sent to a homeowner stemmed from a complaint of another homeowner. And I bet ZERO out of the last 10 years were complaints sent in from an HOA board member.

That's not what board members are doing. I can give a rats ass about putting effort in my neighborhood to find issues. That's what you pay a company for.

Your community manager (who works for the management company your board has chosen to hire to run the association) is likely the one who makes his/her weekly rounds and takes notes of violations. A violation letter should not be sent out on first notice of an issue (like trash cans out a day later).. a letter is only sent if the problem isn't corrected by the time that manager makes their rounds again.

So 8/1, manager sees the grass is starting to look a bit long, she'll open the violation in her log. Then on 8/8 when she's driving through again, now the grass is 8" tall, ok now it's time to send a violation.

That's kinda how it usually works.

I see our managers log every month. It often has a picture of a trash can sitting out, but no letter was sent. It was only documented so then if that can wasn't pulled in, a letter could then be sent.

I'd say maybe only 2 out of 5 open violations (notes in the log) actually result in a letter being sent out. Because typically, it's something the homeowner gets around to fixing without needing a reminder. Like trash cans out, cutting grass, weeding, etc.
AlaskanAg99
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I didn't want anything to do with my HOA. But I did join the MUD board. The HOA asks for MUD funds for some projects and I'm 1/5 of the votes. We have a little tyrant Napoleon on my street and when we first moved in had several notices for the lawn and mildew on brick.

Believe it or not, I do not receive any violation notices since joining the MUD . Plus I get paid for my time for MUD business whereas the HOA is all voluntary.
Ulrich
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My HOA is maybe a little TOO relaxed about homeowners taking care of their property. It's a nice neighborhood but there are a couple houses that keep junk cars around or let their yards get completely out of control.

Of course, for the last few years they are mostly occupied with a titanic struggle over the greenway. It sounds like there is one faction that really likes disk golf, so they are trying to take over the greenway and invest ??? dollars converting it to a disk golf course that no one will ever use. The other faction all lives next to the greenway and wants to keep it forests and hiking paths, which is also what I prefer because I walk back there all the time.

There was also a brief skirmish over fences, but it seemed more like someone on the board had it out for a neighbor because they were trying to make someone with a brand new, perfectly presentable fence replace it. I don't know who won the vote but the fence is still there.
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