My HOA has been bugging me about having my trash cans on the side of the house for a while now. Normally when they send me a letter on something stupid (that would be all of their letters), I usually just ignore it and never hear anything back from them about it again. But for some reason, they won't let this go. This week, I actually got a certified letter saying if I don't move the cans, I could face legal action. I could move them to my backyard, but who wants 2 giant trash cans in their backyard? I could move them to my garage, but these cans are HUGE and I wouldn't be able to roll them to the curb without moving one of my cars out first. Do you think an HOA can really SUE me over a couple of silly trashcans? A little background: driving through our neighborhood, there seems to be a lot of more important issues the HOA needs to address like too many cars parked in the street, mold on side of houses, unmowed lawns, boats in driveways etc. Seems silly to be so concerned about a couple of trashcans on the side of a house....
HOA sued me for a check that was sent they received and didn’t cash. Claimed I was a year late on my dues. We had proof but we still lost.
My previous HOA would threaten a HUGE fine in their first letter. It would be something ridiculous like $200/day if the issue wasn't addressed within 30 days. If you got close to the 30 day limit (and you can bet your ass that I would always wait until Day 29 to do anything) they would send a follow-up reminding you of the upcoming fines and mention a lawsuit. The notices would usually be over mildew on the back of my house, which was simple to get rid of. What I never understood was why I would get these letters for the small amount of mildew on the lower back of my house that no one could see, while all the 2-story houses would have a ton of mildew on their siding and chimneys all year long. Were they being sued? Unlikely. The first HOA incident was revolving around a gas lamp in my front yard not being turned on. There was a problem with my gas line to the lamp and I wasn't exactly eager to mess around with it since I wasn't confident in my gas line handyman skills and didn't want to die. Eventually I got to it though and I did not die. During the whole gas lamp incident I wanted to point out how the neighbor across the street hasn't had his gas lamp turned on for a year, but I didn't. I didn't want to be that guy. Moral of the story: don't move in to a neighborhood where every has a gas lamp and you're required to keep it running 24/7. It's more trouble than it's worth. I'll be moving in to my new neighborhood in a few months and am actually thinking about joining that HOA.
I got the lawyer letter threat after ignoring a rash of mildew letters. I finally responded by saying it looked like typical wear and tear to the paint to me and asked that they have the lawyer prove there was a mildew problem. I never actually even looked at the damage (rental house). Everyone hates HOA's, why cant they just operate like human beings?
CAREFUL!! Many folks do not know this, but unless the HOA carries its own insurance for its board members (most HOAs do not), if an HOA gets sued it could impart personal liability on the individual HOA members!
I got a similar letter. It was a bit subjective as well. The HOA had not cared about my trash can placement for the prior handful of years. I suspect that a HOA volunteer slightly anal retentive busybody drove the neighborhood and tried to right all of the wrongs. In the end, it was not a BFD. Having said that, my next door neighbors got divorced. The husband left, the wife had to sell within a year (and split the profits wit the husband), the wife performed no lawn maintenance for a year, and their front lawn grass died and looked like a war zone. The HOA sent letters but could not get the wife to do a thing.
HOA's can certainly be a pain in the ass but I really appreciate them. I purchased a townhome in a declining neighborhood because the HOA/Property management did not enforce anything. About the time I purchase it, they switch property managers. Everyone complained about the crackdown, but the neighborhood cleaned up and the home values went up drastically. This was the same HOA that kept sending me letters about a very small patch of crab grass that I tried to kill off. I finally took it down to a dirt patch and nuked it with every chemical possible. They left me alone even after I had a dirt patch for several months because nothing would grow back. But that said, I understand the trashcan issue. Our HOA said no visible trashcans. It was frustrating to get letters because I forgot to go around to unlock the gate and bring it from the side of the house. That said, my next door neighbor never took their trashcan from the curb. She was upset when her landlord/family handed her a bill for a couple grand in fines. There are reasonable rules and unreasonable rules. If you dont like the rules, dont move in. I like well kept neighborhoods and I have a low tolerance for deadbeat owners/tenants.
We may be neighbors.. or used to be. I've gotten letters for my gas lamp being out. Luckily Harvey took out everyone's lamps, so I haven't heard from them lately... Hmm. I would suspect most HOAs are an entity and thus its members would not be subject to liability in the event of a lawsuit.
What they can do is fine you for being out of compliance, and eventually put a lien on your house. HOAs are generally fine unless you have anal neighbors on the board. Sadly there's not much you can do except move to an area without one or the countryside.
I'll never live in another neighborhood without an HOA unless it's an older VERY well-established and kept neighborhood. The neighborhood I grew up in (Pine Trails) was actually nice way back in 1980, but by the time we moved out in the early 90's it had gone way downhill. A friend of mine once said driving down our street was like the "Ajax was here" commercials because we were the only people that kept up our house and yard. the house was actually worth less when we moved out than it was when we bought it. We technically had an HOA, but they didn't enforce anything. There were homes with lawns 2-3 ft high (not exaggerating), half of the garage doors in the neighborhood needed to be replaced because they were sagging, houses were never repainted, or those that were, were painted pink or turquoise - the area became a mess. HOA's can be frustrating, but they definitely serve a purpose.
Put the cans in your garage. Then to avoid having to move your car every garbage day, just start dumping your trash on the HOA board of directors' yards (at night).
My HOA sent me a letter about trash cans on the side of the house. Trash cans is such a stupid, nit-picky rule. Everyone has the same trash cans. They're not an eyesore if the bags are placed inside. I can understand if trash is piling up next to them, but the cans that the city provides look perfectly fine.
The hoa is usually a Trump supporter woman that lives 2 houses away from you. When I moved into my house this lady immediately built an iron fence to protect her to dodge vehicles.
Is it in your bylaws that you can't have them where you have them? If so, they are within their rights to fine you.
I live in a nice neighborhood. Grass must be mowed. Weeds not allowed in flowerbeds. Trash cans must be out of sight. Ok, I can do all that and it keeps the neighborhood looking nice. Then I got a notice that I needed to pressure wash my driveway. Has anyone heard of such a requirement? I will say that it looks better after the washing, and I usually do it every few years. But, I'm not sure I think this should be a requirement. I mean what is next?
Mandatory BMI, height : weight ratios for all residents. Can't have fat people walking (ha!) around the 'hood. Also, the ugly people just have to find somewhere else to live.
That's one version of the HOA. The other version is the cranky New Jersey liberal directly across from your house who measures the height of grass and blows the whistle on everyone in the neighborhood. **** New Jersey!
