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The Water Cooler
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Home HOA issues
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<blockquote data-quote="scalawag pimp" data-source="post: 3221022" data-attributes="member: 24580"><p>HOA laws are very complicated but one of the best lawyers about them is located in Tulsa, OK. I had trouble with an HOA but I had the time and money to fight the president and won. I have not read all the responses but I would like to tell you what I know from personal experience.</p><p></p><p>1. HOA laws can NOT trump ordinances or laws. It starts with City, County, State, then Federal. I would find it odd if any of these had ordinances or law restricting an internet provider.</p><p></p><p>2. Yes it is a federal crime to put anything in or on a mail box. Specifically, "only U.S. Mail delivered by authorized personnel may be placed in mailboxes". This restriction also includes, "anything placed upon, supported by, attached to, hung from, or inserted into a mail receptacle<em>.</em></p><p><em></em></p><p>3. All members of the HOA are exactly that, members. More importantly the Board is just elected officials that do what is best for the members as a whole. If I am not mistaken, HOA law requires a vote of 2/3 to amend the agreement and 3/4 is need to remove an agreement entirely. While I don't think this matter involves such a vote, I do think that is where these numbers are coming from.</p><p></p><p>4. If I am reading everything correctly, the president is only stopping the installation due to the fact it will cause work on a easement? If that is the case, I would defiantly go door to door and talk with the other members.</p><p></p><p>5. Anyone can sue the HOA (and all its members) for breach of agreement. For example, in my case we had a part that excluded signs of any type. The idea was no one with a home business could advertise with a sign in yard. However, it specifically said, NO SIGNS AT ALL. So I served notice with my intent to sue if not all signs didn't come down, including team banner (all the OU fans didn't like that), home security signs, name plaques in planters, etc. Find something to aggravate the board and get them off your back.</p><p></p><p>6. In addition, the board must product a written treasury statement each year. This is required and if they do not do it, again the HOA is void. Another important part of this; to keep your tax exempt status, you have to spend 90% of what is collected. Most people just pay the money and move on. But if they are not collecting for the improvement or upkeep of common areas, they can not collect in the first place. What you will probably find they have been using you cash to host dinner parties at their house. Eitherway, the board must pay taxes on anything over 10% not spent. I would find out where money is going, compare to what is collected, and then tell HOA member to stop contributing too much. If you are not careful, you will end up paying taxes on money you have already paid taxes on.</p><p></p><p>7. They are required to hold at least 1 meeting a year (could be more i don't remember). Again nulls the HOA if they are not.</p><p></p><p>My fight was over the HOA saying my dog had to be on a chain if in the front yard. I had over an acre lot and told them to get bent. There was no city ordinance that said I had to and only reference was if I was walking my dog away from home. I won easy but it started a battle with the president. He was an old man that thought for the first time in his life he had power to be somebody. It didn't take long for him to realized he picked a fight with the wrong person.</p><p></p><p>The federal government has really cracked down on HOA as they grew out of hand. In some cases leans were put on homes for simply having the wrong color paint. It has been several years since I had to research all that, but if you want to take the time, you can fight the fight. Read the HOA and use it against them. I am sure they have missed something in there. Lastly, if you can file suit against your own HOA (and against yourself oddly enough) so take the fight to court. If you stand up, they might decide its not worth it.</p></blockquote><p></p>
[QUOTE="scalawag pimp, post: 3221022, member: 24580"] HOA laws are very complicated but one of the best lawyers about them is located in Tulsa, OK. I had trouble with an HOA but I had the time and money to fight the president and won. I have not read all the responses but I would like to tell you what I know from personal experience. 1. HOA laws can NOT trump ordinances or laws. It starts with City, County, State, then Federal. I would find it odd if any of these had ordinances or law restricting an internet provider. 2. Yes it is a federal crime to put anything in or on a mail box. Specifically, "only U.S. Mail delivered by authorized personnel may be placed in mailboxes". This restriction also includes, "anything placed upon, supported by, attached to, hung from, or inserted into a mail receptacle[I]. [/I] 3. All members of the HOA are exactly that, members. More importantly the Board is just elected officials that do what is best for the members as a whole. If I am not mistaken, HOA law requires a vote of 2/3 to amend the agreement and 3/4 is need to remove an agreement entirely. While I don't think this matter involves such a vote, I do think that is where these numbers are coming from. 4. If I am reading everything correctly, the president is only stopping the installation due to the fact it will cause work on a easement? If that is the case, I would defiantly go door to door and talk with the other members. 5. Anyone can sue the HOA (and all its members) for breach of agreement. For example, in my case we had a part that excluded signs of any type. The idea was no one with a home business could advertise with a sign in yard. However, it specifically said, NO SIGNS AT ALL. So I served notice with my intent to sue if not all signs didn't come down, including team banner (all the OU fans didn't like that), home security signs, name plaques in planters, etc. Find something to aggravate the board and get them off your back. 6. In addition, the board must product a written treasury statement each year. This is required and if they do not do it, again the HOA is void. Another important part of this; to keep your tax exempt status, you have to spend 90% of what is collected. Most people just pay the money and move on. But if they are not collecting for the improvement or upkeep of common areas, they can not collect in the first place. What you will probably find they have been using you cash to host dinner parties at their house. Eitherway, the board must pay taxes on anything over 10% not spent. I would find out where money is going, compare to what is collected, and then tell HOA member to stop contributing too much. If you are not careful, you will end up paying taxes on money you have already paid taxes on. 7. They are required to hold at least 1 meeting a year (could be more i don't remember). Again nulls the HOA if they are not. My fight was over the HOA saying my dog had to be on a chain if in the front yard. I had over an acre lot and told them to get bent. There was no city ordinance that said I had to and only reference was if I was walking my dog away from home. I won easy but it started a battle with the president. He was an old man that thought for the first time in his life he had power to be somebody. It didn't take long for him to realized he picked a fight with the wrong person. The federal government has really cracked down on HOA as they grew out of hand. In some cases leans were put on homes for simply having the wrong color paint. It has been several years since I had to research all that, but if you want to take the time, you can fight the fight. Read the HOA and use it against them. I am sure they have missed something in there. Lastly, if you can file suit against your own HOA (and against yourself oddly enough) so take the fight to court. If you stand up, they might decide its not worth it. [/QUOTE]
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