r/JustnoHOA - Misguided Email Lands HOA In Court...

g'day there guys Markey here back at it again with another episode of our slash just no HOA now if you hate the homeowners association as much as I and read it do sit back relax and enjoy the quality content posted by user my HOA sucks throw away titles HOA messed up big-time a da okay so my to begin I've been in a battle with my H away for months this whole mess started when I suspected a board member of receiving kickbacks on jobs and I and a few homeowners set up a sting operation a family friend is a licensed contractor and put in a bid for work the president invited him over and during the conversation the president bluntly said any job approval requires a ten percent over bid deposits if you want the work he did record on his phone but because we're in a two-party consent States it couldn't be used we have sent numerous requests from financial records and have been stonewalled for months the owner of the property management company is in on the scam as well I and five other concerned homeowners have been stonewalled time and time again we finally banded together got a lawyer and of course covert hits and the courts are closed so three weeks ago I had a major operation affecting my ability to walk I am wheelchair bound temporarily I submitted a request for an accommodation of a ramp I would pay for these are individual houses and would have zero encumbered on any other homeowner in the community H away of course denies the request reason hermana has not proven they're disabled a note from the surgeon was sent over denied reason HOA called doctor's office doctor does not exist homeowner is making false claims he can't make this crap up right so I say screw it and put the ramp up board member decides to put brick pavers in front of the ramp with caution tape on its and a note saying unapproved lawyer reached out to board one last time before filing and accidentally got a reply meant for the other board members I'm going to fudge and get him he's lying and just trying to be a pain in our ass let's just keep denying the requests where the mother fudge and we set the rules and what we say goes judge grants injunction and is trespassed from my property I sort of forget about the whole thing board has been leaving me alone until today when two board members came banging on my door telling me they're going to kill me thanks ring for recording it all yelling how they will make me permanently crippled so turns out the community's insurance company refused to pay the legal bills they were also not indemnified because it was done with malice the two board members are on the hook for almost nine thousand dollars in legal fees plus thirty five thousand dollars in punitive damages apologies for formatting end the rants I'm still a bit loopy from the meds screw these sorry losses no life nosy mother frege's make sure to file for an order of protection slash restraining order against those two and probably the rest of the board as well get those recordings to your lawyer ASAP and sue for the threats finally some good news in the world also threats like that are highly illegal you could likely call the police and also press charges yes this was a terroristic threats which is a felony he can't press charges the prosecutor has to but get that police report then hounds the DA and if they don't do anything make sure to get your elected officials involved I'm sure they'd be upset to hear that a disabled person albeit temporary was harassed and the legal system ignored its you can use that recording there is no presumption of privacy in a public area they were in a public area I would have your attorney present that to the judge I would also slap liens on their properties to compel them to pay if they don't your attorney can get a writ for possession and you can sell their homes yes I fight fudging street dirty you can also publish all of their crap and send copies to each and every homeowner also speaking in front of a video doorbell like that should be considered giving consent as they can already clearly see they're being recorded while this thread went nuclear that depends on where the conversation with the HOA president occur a private conversation between two people is not considered an open meeting the property where the meeting took place is owned by the HOA in many states this recording would be criminal without both parties presence a conversation which did not consist of ticked HOA members pounding an open door shouting death threats honestly do you guys not read to the end of the post before commenting wouldn't have functioning ring doorbell be an odd thing for a contractor to use to record a conversation when he could just use his phone by the way your contractors friends testimony about the 10% over bid demand is evidence you don't need a recording the judge will order them to turn over the records whether they like it or not audio recorded in a two-party state in a private conversation is unadmitted all in courts and in my state the act of doing it is a felony but they could be called in to testify pretty sure that's what I said I think he was confused by the turn over the records parts you're referring to the bookkeeping and not the audio recordings he writes I could have made that more clear it is not as simple as that the contractor can testify that the board member asked for a 10% bribe and the board member can deny it at which time the recording may be able to come in as evidence of perjury by the board member after proving perjury by the board member the board members testimony would be stricken from the record and the contractors testimony about the bribe would be unopposed technically the court would be deciding solely on the contractors testimony but the court would have heard the recording in deciding that the board member was lying the only way to keep the recording out would be if the contractor testifies about the bribe and the board member refuses to testify a clever attorney will find a way to use any really juicy evidence at his disposal even if it just gets sent anonymously to the fraud division of the insurance company for the HOA that has to paint the legal bills our people have an easier time fighting three individual board members all looking out for themselves when the insurance company won't back them posted by user parking spot help 1192 titled condo board is telling me as a June 5th the parking spot I own will be converted into we're handicapped spots but there are no other parking spots available is this legal this started back in December I own a parking spot that is right next to the three existing handicap spots in my condo building I have paperwork that says I'm the owner of the parking spots a five me and my wife inherited this condo from my mother in December apparently a new tenant moved in who requires a handicapped parking spots however our building already does not have enough parking for everyone for roughly a 100 units we have maybe 50 spots tops back then I was asked by the condo board if I was willing to give up my spot for these people who need a handicapped spots I was ok with it until they explained there were no other available spots instead they wanted me to sign over my parking spot in exchange for nothing apparently in 2022 when the parking garage expansion will take place I will be first on that list to receive one of the new spots until then apparently I'm out of luck since this is downtown Toronto where parking is extremely limited at that point both me and my wife refused to sign anything in February the condo board tried to get me to sign paperwork again and I refused they offered to pay for a spot for me roughly ten blocks away at another building I told the condo board yet again I am NOT interested they have tried to guilt both me and my wife numerous times about this the tenant who needs this spot has approached me and my wife several times about how we are making her life a living hell in April the condo board during the board meeting thing put average asking for people to vote for the conversion of parking spots a five six and a seven to be converted into two handicapped parking spots the motion passed however neither me or the people in a six or seven are budging so far today I received a letter stating that as of June 5th 2020 I will no longer be the owner of parking spot a 5 I didn't sign any paperwork and have told our condo board to pay off my questions are is this league can the condo board take over our parking spots that we own do we have any sort of legal alternatives just to clarify I am not really trying to be a dick however these new people who moved in bought the unit fully knowing they were not buying a parking spots instead from my understanding is they expect the apartment building to provide them a handicap spot free of charge location to run to Ontario this will likely be worth contacting a lawyer abouts this is likely illegal but will depend on what is in your home ownership documents how is the parking spot defined and what exactly is included and the condo bylaws what are the powers and was proper procedure followed if there are two other people affected by this decision you might be able to get the same lawyer to represent you definitely worth fighting because it can affect the value of your own place parking spots are a premium downtown if you have ownership papers and they bent over backwards to ask so many times it's likely that they can't do this get a lawyer talk to the folks in the other units and see if they will go to the lawyer with you the lawyer will likely be able to write a letter that officially tells them to go pound sand and that they convert whatever they like but they can't steal your property if you earn a parking spot it is likely a registered piece of land in Ontario defined on a condominium plan if this is the case the action by your condo board is definitely illegal I would contact a lawyer immediately and squash this you are also undoubtedly paying property taxes on the parking stall I hope you prevail but if you don't advise the city tax office that you had to surrender it so it's not part of your daily taxes you have to look at your papers my condo unit is tied to my parking spots in the bylaw so they cannot be split apart Toronto gotta see a lawyer to review the specifics of your condo parking ownership and if they can be severed or something along that time review your bylaws City of Toronto bylaws also require one handicapped space per 25 spots if it's a newer condo building they should already be in compliance as well being accessible it's the new tenants such own a problem they should have researched the parking availability prior purchase some people feel so privileged that they can just take privileges from other non-disabled people just like that giving other legitimate handicap a bad rap don't sign anything get a lawyer oh and start documenting timelines communication with board members and harassment by the new peeps also useful to have a 360 degrees hunting camera in your car if there is no CCTV in the garage in case they try to convince you via taking care of your car posted by user DJ diabetes 26 yo turn the insulin up boys County code enforcement said we have too many non related people living in the house so for some backgrounds we as six college students all guys renting a house in a neighborhood with an HOA in Orlando Florida we rent from a management company the house is a six by four so everyone has their own room when we signed our lease all six names went on the lease in our lease agreement there was a section stating that if there was an HOA over our rental the management company would send a copy of the lease to the HOA we have been living in the house for three months now no issues other than forgetting to cut our grass has since been resolved today a lady came from the county code enforcement and asked if we had more than four unrelated residents in the house we said yes and she told us it was against county ordinance to do so she said to contact our management company for the next steps to take and gave us her business card she did not hand us a copy of the ordinance we were violating and gave us very little in terms of what would happen or how to resolve the issue other than contact your management company after finding our HOA SCC and does there's a section that says rentals may only be used for single family home purposes so that makes it sound like we are in violation of the HOA but we could not find anything regarding the county ordinance after spending several hours searching through the county ordinance so we're trying to figure out our options did the management company screw us they let us sign the lease knowing there were six of us and knowing we were not related is it their responsibility for their tenants not to be in violation of things like that they said we were fine depending on the ordinance it may be the landlord getting fined for this not you if so the landlord will be highly motivated to work something out to avoid dollar amount per day fines not a lawyer or from Florida but searching the Orlando code found they define family is one or more persons occupying a single dwelling living as a single housekeeping unit provided that unless all members are related by blood marriage adoption or foster care responsibilities no family shall contain over five persons if the home is owned for a one family home then you may be in violation usually the fines for building code violations go against the property owner not to the residence but if they come down in your landlord one way or the other you will probably need to move and there may well be some generous provisions in the lease to protect the landlord from this sort of thing good find for some reason I didn't think of checking the CIFOR city ordinances since Opie said it was County enforcement's I only looked there dole what piques the law nerd part of my brain is the single housekeeping unit bits single housekeeping units a group of persons jointly occupying a single dwelling units that one meet the definition of a family two has access to and the joint use of all common areas of the dwelling units three shares household activities and responsibilities such as meals chores or expenses for has no limit on length of residence except those imposed by a lease or rental agreements and five rents no more than four individual rooms for a period of at least 30 days for compensation under separate laces or rental agreements until additional leases are required be a government funding program or a shared housing program operated by a federally recognized tax-exempt entity this combined with the section sounds like it makes practically all roommate situations illegal in the city of for Orlando what's more interesting though is that the last line rents no more than four individual rooms so that right there makes it sound like the property owner is absolutely screwed it doesn't sound like they're renting individual rooms under separate leases they are renting the whole house together as roommates this actually sounds like they are fine renting individual rooms is like a boarding house and that seems to be what the wedding is directed adds not a lawyer but Orlando has very oblique city limits the main UCF campus and its surroundings are not within the city's jurisdiction our people want to check the official jurisdiction map if they are actually within the city county laws and HOA laws will be different most counties in the US have laws about tenants which your house effectively is they limits unrelated people from living together your landlord not you will be looking at serious legal trouble some of you will probably have to find a different place to stay but you have leverage over your landlord because regardless of County law she signed a lease stating that you would have a place to live and she has a responsibility to ensure that you do this can't be the house dorinda she will have to buy you out of some of your leases until she meets county code enforcement's posted by user by fashion titled isn't HOA obligate to provide assessment bills for its payments question it seems basic and everyone takes it for granted that the Association mail the assessment bills and if you didn't get it for any reason you could just ask for a replacement copy but after asking for copies of my undelivered bills since March 2019 and yet to receive all of them and consider that they would not even provide the current bills during all 2019 while I'm requesting them repeatedly because I couldn't pay it without the attached coupon instead of providing the copies they gave me a ledger of the accounts very confusing to understand and demand payment according to that after insisting to receive the bills they decided to start a collection process and still refused to give me copies of bills generate for two special assessment payment plans sir I would be able to know the total sum and track the installments till June why they refuse to provide its I don't know but isn't there any obligation to give a consumer his bill if requested at least before starting a debt collection procedure and threat to file a lien is it such an exaggerated request to receive my bills like everyone else not mentioning the interest and legal fees added when the entire country is facing a financial crisis Judah covered 19 I guess they must justify the wonderful reputation that associations in nature way built themselves over the years HOAs operate under their own set of rules it's not uncommon for them to engage in things that would otherwise appear illegal question for you what kind of assessment are you referring to there's monthly dues which you are required to pay with or without ever receiving a bill and penalties for violations are you referring to something else also you indicated that they've threatened to assert a lien which seems to mean that you're getting something from them what do they let is States it seems odd to me that you're at this stage but claiming total ignorance am I missing something the problem is that this erna just doesn't understand how coupon books work a coupon book replaces regular statements and apparently this owner doesn't like that it's not corrects I did not get a coupon book nor the bill with the attached coupon I would be happy to receive any of them and I tried to get from the start of 2019 to the end of it I was able to get part of the bills at the end of 2019 and current bills were only sent from the beginning of 2020 I was not able to pay in the bank any bill because the bank refuses to take a payment from me if I don't have a current coupon I'm sorry but you're in the wrong then the monthly juices sense they are under no obligation to send you a bill you are under an obligation to pay your dues every month without them having to babysit you I hate to ever stand up for an HOA but this one is on you it is not a monthly jus it's a special assessment for a material alternate they had no authority to take without a majority votes but put it aside those two special assessments has each a different total balance and deference several installment plans that should end at some points I believe I should be able to have the privilege to know the balance of each one and how many installments remain and regarding the regular assessments I didn't ask for a babysitter I asked for the coupon because without it's the bank would not accept my payments moreover I needed a copy of a current bill to prove my expenses somewhere else but the main issue is that I needed a copy to proceed a payment at the bank it was not my demand it is the bank's demand and the Association is aware of the problem that I couldn't pay without a physical copy PS yes I got all of their mail excluded bills or coupons and I did notify them that as well but they never respond that it was impossible to deliver me copies they said they will attempt to get it and will send it to me but they didn't provide it and without saying anything they started a collection procedure so I asked the collection agency to provide the bills but they failed as well and then suddenly they started to send bills in 2020 and after I paid every bill I got for the next bill they instruct the bank to deny my payments without letting me know but it sounds like you know how much the special assessment is yes they've obviously made a demand for a specific amounts and how much we talking about if it's $10,000 then I get what you're complaining about but if it's a few hundred then that's a different story also the issue with your bank is you're just making excuses you can write a check or if you don't have cheques and you can get a money order come on you seriously expect people to believe that you can't pay a bill because your bank won't let you I'm a lawyer and this is the very first time in my 20-year career that I've ever heard someone claimed that their bank won't let them pay a bill you are very wrong I don't know why you assume I am playing a smart ass I am NOT it was not my bank that refuses to accept a payment without a coupon it was the association's bank that denied a payment without a coupon I was not denied because of a check or money order it was not the issue I was denied for having a current coupon I brought a copy of an old bill I had and they refused to process payment according to an old bill the assessments amounts I don't know the exact amount and how many installments are jus but the amounts are high above $10,000 you suggested it is one special assessment of above $10,000 and a second special assessment that is about $30,000 and two regular assessments that is a $5,000 quarterly assume for five minutes that I'm not making an excuse and read it again I promise you I really tried to make a payments and I really wanted a copy of my bills to follow up and because the coupons are mandatory not by me if you don't believe me it's okay you may answer as if my question was theoretically or hypothetically true posted by user useful idiots titles ain't your way can't afford to do its job I'm the president of my neighborhoods H away and I can't figure out how to resolve the pickle we're in it's a very small neighborhood in just 16 houses I would choose a three hundred and fifty dollars a year and we have no amenities other than common ground at the front of the neighborhood we have a fence that runs the length of the neighborhood as a barrier to the road and it falls under the HOA to maintainence here's the thing we can't afford to maintain it's it's literally falling down in places and we're spending nearly our entire yearly budget doing patch repair jobs at this pace it will take us seven years to fully fix the fence and by then we'll likely have to start over again because we are treading water everything else looks terrible we can't afford to water the grass or do we'd cancel their yards are complaining about the fence and the neighbors without the fence a complaint they have to pay three hundred and fifty dollars and getting literally nothing in return we have other repairs that are needed but can't afford them I figure my options are drastically increasing dues double or more or looking for alternative options I'd like to vote the fence out of the HOA but I need a majority votes and none of those eight houses are going to vote yes because the fence would then be their responsibility to maintain would love help he honestly can't worry about the neighbors complaining that they obtained three hundred and fifty dollars and supposedly getting nothing in return they are they are getting the fence maintained which reflects on their property values that's literally the whole point of an HOA either raise the assessments so you can properly fix the fence or do a special assessments so you can fix it or tear it down do you not have any money in the reserves no we just took the H away from the Builder about six years ago and I've been dealing with the fence since basically day one I've never had a chance to save anything the fence is hardly being maintained I'm doing as much as I can but I'm only repairing about three thousand dollars a year and the entire fence needs work it's about eighteen thousand dollars to fix the entire thing it's been out of developer control for only six years was the HOA properly funded when it was turned over sometimes developers purposefully underestimate how much money will be needed to run the Association to keep dues artificially low and make the homes more attractive to buyers six years is awfully soon to be this underfunded additionally only six years out from developer control seems very soon for a fence and wall to be failing is there a possible construction defects you may want to talk to the HOA attorney if it's the same one the developer hired you may want to shop around for a new one bring up the possibility the developer purposefully undefined at the Association you may be able to pursue the developer you may want to do this sooner rather than later since each state has a different statute of limitations it's a perfect storm of bullcrap yes only six years out from the developer we inherited the HOA with literally zero dollars and both water and electricity turned off from non-payment I went after the Builder or builders who each pointed to the other there were two because the OGIS sold off half the neighborhood during the housing crash the fence is failing because it was built in hour seven when the neighborhood construction began because of the crash it was a construction site with zero houses for five years until my family bought the first house in 12 the neighborhood was finished a couple of years later and they handed the HOA to us in shambles I didn't think I could go to the HOA attorney but I don't know that I have any real complaints you won't know until you consult them and if you keep letting the clock run you may lose any claims you did have while you get deeper and deeper underwater don't know what state you're in but in some states these types of claims the loser pays attorney fees so some firms will agree to defer their fees until they win or the cases settled if you can't afford to maintain the h way properties then you have to raise the assessments you should also have money in the reserves I know people don't like to raise assessments but they really should be going up regularly I've raised the Jews yearly and the fences just getting worse we have nothing in reserve because the fence needs to be completely replaced and it's getting worse yearly I suppose I get to be the bad guy at the next meeting then you will need to do a special assessments don't worry you get used to being the bad guy thanks for the advice is there a resource where I can read more what kind of notice shall be provided on a special assessments I figure I can't just drop a $1,000 bill on everyone is there not an option to just remove the fence you could probably remove the fence depending on how things are in your state and what your bylaws say about what needs avert and knots usually those kinds of decisions are up to the board there every state is different with how they deal with these things that is why HOAs tend to hire management companies because they are trained to know what the laws are in your States yeah we can change the HOA covenants with the majority votes which I know won't happen under normal circumstances but I figure is more likely once the half of the neighborhood without the fence realizes they have to pay $1,000 to fix someone else's fence so yeah it seems like the answer to this one is special assessments as much as everyone hates to have to pay for someone else's problem I'm gonna leave this one there g'day there guys outro Markey here hope you enjoyed the episode as much as I enjoyed making it today if you did be sure to LIKE comment and subscribe tell me what you thought about it down below also if you like memes be sure to head on over to my second channel marquee too it should be one of the sexiest rallyin faces on screen the one without the flag it's my latest and greatest creation and you like it all sir I'd like to give a huge shout out to my channel members and patreon subscribers you guys do so much good for me and the support goes without saying but I'm gonna say it anyway I love you guys and I appreciate all the help and support you provide me on this channel also if you want to join the family links it down in the description below or click that join button next to the subscribe button anyway guys I hope you enjoyed that one today I'll see you in the next one bye

Channel: Markee

Views: 110,371

Rating: 4.8625088 out of 5

Keywords: r/justnohoa, r/fuckhoa, r/hoa, r/legaladvice, r/aita, hoa, Home owners association, reddit, Markee r/justnohoa, Markee Reddit, Markee HOA

Id: kKdAwNIcJ50

Length: 29min 24sec (1764 seconds)

Published: Wed Jun 03 2020