Even dead people can't escape HOA control

Modelworks

Lifer
Feb 22, 2007
16,240
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HOA like this have no respect. They removed over 60 tombstones from a cemetery near the housing development because "
"it came to the board's attention that it started to look shabby."

Imagine going to put flowers on grandmas grave only to find the headstone gone along with lots of others and no markers to tell where it was.

http://www.app.com/article/20100907/NEWS/9070355/Holmdel-cops-probe-group-s-removal-of-headstones
HOLMDEL — Police officials said Tuesday they are investigating whether the five-member Beau Ridge Homeowners Association board had the right to remove tombstones from a 257-year-old burial ground once part of a historic family farm.




But at least one descendent contends that no matter the legalities, the association's failure to notify them of the intention to remove some 60 headstones is an affront.
"This is criminal misconduct," said Dr. Andrew Hendricks, a descendant of Dutch immigrants who settled in Monmouth County 300 years ago.
"This is a violation of sacred ground, you just can't do this sort of thing," Hendricks, a dermatologist, said from Fayetteville, N.C., where he lives.

The homeowners association said in an e-mail addressed to its 250 members that it was working in the behalf of the family, some descendants of which use the name Hendrickson."The association is in the process of removing many of the old monuments, cleaning out the area of any additional debris, and resetting brand new 16" x 8" flat black granite markers on top of new concrete foundations," said the letter written by property manager Barbara Strubel.
"We were able to salvage a number of the names from some of the graves, and those that had no name visible will be marked as "Hendrickson Relative.' By doing this, we are restoring the cemetery per a Hendrickson's family member's request back in 2000 and also eliminating a huge safety hazard. We assure you all that all of this work is being completed in the utmost respect for those buried there."
But Hendricks said, "I can promise you they have no family authorization to do this."
The matter came to light over the weekend when Beau Ridge resident Terence Wall's 9-year-old daughter told her father repeatedly that the headstones were missing.
Wall, who had often brought her to the small grave site as a tutorial on area history, said he was surprised to find all 60 headstones were removed and that no markings had been placed to represent the graves.


"This has to do with how we treat history," Wall said. "How we as a culture are responsible for the dead, and a homeowners association run amok."





Association officials said the matter was discussed at three consecutive monthly meetings open to all Beau Ridge residents before the action was approved June 29.
"The board approved removing damaged headstones and replacing them with granite grave markers," Strubel said in the e-mail. "Not all tombstones are being removed."
Township officials said the graveyard has a separate block and lot number from the rest of the development and is listed as Hendrickson Family Grave.
I think it's outrageous," said Judy Bretzger, Monmouth County Genealogy Society member.Bretzger said the society's records show there are at least two Revolutionary War soldiers and a senator buried in the cemetery, which dates to 1753.
"You don't go around removing historic artifacts," Bretzger said.
Township Committeewoman Janet Berk said that when the association approached the municipality for approval it was told the township had no authority over the property.
Association board member Peter Esposito said the agreement with the Beau Ridge developer was that the homeowners association would maintain and manage the cemetery. Esposito said that many of the gravestones, made of sandstone, had disintegrated and could not be repaired. Coupled with vandalism at the site over the years, "it came to the board's attention that it started to look shabby."
Hendricks said a family reunion held in 1999 resulted in family members working with Beau Ridge residents to refurbish the site.
"I just cannot believe it," Hendricks said. "I thought the cemetery was preserved."
 

mmntech

Lifer
Sep 20, 2007
17,501
12
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I don't know how these HOAs can wield so much power down in the US. Especially in single family housing communities. How can they force you to sign a contract?
 

shocksyde

Diamond Member
Jun 16, 2001
5,539
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I don't know how these HOAs can wield so much power down in the US. Especially in single family housing communities. How can they force you to sign a contract?

They don't force you to, but a lot of people sign them anyways. Then they complain about stuff they have no basis to complain about.

This, however, is a different situation.
 

JulesMaximus

No Lifer
Jul 3, 2003
74,541
920
126
Sorry, we already cut up the headstones and made granite countertops for our new community project.
 

mb

Lifer
Jun 27, 2004
10,233
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So let me get this straight.

Someone in the family asked the HOA to do this back in 2000.

10 years later they do it. Now others in the family are complaining.

oooooooooooooooooooook

Sounds like a personal/family problem, not an HOA problem.
 
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PokerGuy

Lifer
Jul 2, 2005
13,650
201
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I don't know how these HOAs can wield so much power down in the US. Especially in single family housing communities. How can they force you to sign a contract?

Nobody's forced to sign anything, and even if they were, the contract would not be enforceable (duress). People voluntarily enter into such contracts with HOA's, then whine when the HOA goes nuts like that.

This is a slightly different scenario though. I think the HOA is very much in the wrong here.
 

mb

Lifer
Jun 27, 2004
10,233
2
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Nobody's forced to sign anything, and even if they were, the contract would not be enforceable (duress). People voluntarily enter into such contracts with HOA's, then whine when the HOA goes nuts like that.

This is a slightly different scenario though. I think the HOA is very much in the wrong here.
Because they did what a family member asked them to do 10 years ago?

This is like a husband asking the HOA to have a tree removed without consulting the wife, and then the wife blaming the HOA when the tree is gone.
 
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PokerGuy

Lifer
Jul 2, 2005
13,650
201
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Because they did what a family member asked them to do 10 years ago?

And who said that particular family member gets to make the decisions for all the family members? Who said that 10 years later the family member still wanted to have the change made? It certainly doesn't sound that way. Also, since these are potentially items with historical value, there should be additional verification before action is taken.
 

mb

Lifer
Jun 27, 2004
10,233
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And who said that particular family member gets to make the decisions for all the family members? It certainly doesn't sound that way. Also, since these are potentially items with historical value, there should be additional verification before action is taken.
Maybe that's why it took so long? I don't know. The sensationalist article doesn't tell enough of the story.
 

BurnItDwn

Lifer
Oct 10, 1999
26,232
1,716
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Ehh not enough info to make a decision really... ohh wait, there's an HOA involved... then it's obvious :)

I'm gonna say Jules hit the nail on the head, granite countertops for sale indeed ....
 

TheTony

Golden Member
Jun 23, 2005
1,418
1
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Township Committeewoman Janet Berk said that when the association approached the municipality for approval it was told the township had no authority over the property.

Seems to me that the association assumed they were granted authority by the developer and then ignored the municipality telling them they had none. As if that, combined with their association meetings and supposed family involvement superseded the actual records for the property.
 

mb

Lifer
Jun 27, 2004
10,233
2
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Seems to me that the association assumed they were granted authority by the developer and then ignored the municipality telling them they had none. As if that, combined with their association meetings and supposed family involvement superseded the actual records for the property.
Read what you quoted again.
 

TheTony

Golden Member
Jun 23, 2005
1,418
1
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Read what you quoted again.

Good catch - but it conflicts with the actual status of the property as reported in the story (seperate block and lot number from the rest of the development) and still doesn't state who actually did have authority. Regardless, if the association wanted to act, the burden of doing so properly was on them, not any other group. At the very least the manner in which they did so wasn't carried out well.