HOA Spends About $100k Per Inch on Legal Battle

[Theb]

The feud that consumed Fairfax County’s Olde Belhaven would span four years and cost the community as much as $400,000, and it was ignited by one of the smallest of sparks: an Obama for President sign.

The modest placard Sam and Maria Farran planted in their yard during the 2008 election put them on a collision course with the neighborhood homeowners association. It was four inches taller than the association’s covenants allowed.

“Need I say more! This would lead to chaos,” a neighbor fretted in an e-mail about the precedent that would be set if the sign wasn’t removed. “Our property values would be put at risk.”

----------snip----------

The Farrans said the HOA had a reputation for hard-line stances. In one case, board member Don Hughes compared some residents’ refusal to install window-pane dividers to the “cat and mouse game Saddam Hussein played with the USA,” e-mails show. Ultimately, Hussein “paid the price,” he said, concluding that the residents should comply.

----------snip----------

The Farrans were angry. They acknowledged that the sign broke the rules but said it seemed like an assault on free speech to go after a minor violation during the height of an election. Their response: cutting the placard in half. They planted “OBA” and “MA” signs in their front yard.

The prank did not amuse board members. And they decided to act.

They passed a resolution allowing the board to fine residents up to $900 per infraction for violating HOA guidelines. Across the country, fining authority has been controversial, with HOAs hitting residents with levies for such transgressions as displays of colored Christmas lights and patches of dead grass.

Board members believed that they had the right under Virginia law, but the Farrans saw an illegal power grab that had no basis in the HOA’s covenants. When the board, acting at a meeting that was not publicly announced, rejected the Farrans’ roof and deck projects for aesthetic and architectural reasons, the Farrans said it was retribution.

----------snip----------

In 2010, a county judge sided with the Farrans on the fining issue. The case set a Virginia precedent that HOAs cannot claim powers, such as fining, that are not specifically laid out in their covenants.

The roof and deck issues, which had been spun off into a separate lawsuit, were decided in 2011. Another county judge ruled that the board’s votes to reject the home improvements were improper because they came at a “secret” meeting and followed arbitrary standards.

The HOA was on the hook for about $100,000 to cover the Farrans’ legal fees, and it owed hundreds of thousands more for its own legal expenses. The HOA was financially ruined.

LeBlanc said the association didn’t have the money to cover the bills, so residents voted for bankruptcy.

Late last year, a court-appointed bankruptcy trustee put the community square up for sale to cover the HOA’s debts. The pleasant square, with its trees and benches, had in better times been the site of community picnics and Christmas festivities. Now it was a reminder of the community’s plight. A red-and-white “For Sale” sign drove home the point.

http://www.washingtonpost.com/local...6f9bec-6652-11e2-93e1-475791032daf_story.html

How could anyone get that upset over 4 inches.

 

[Rallispec]

And this is why I can't stand HOA's.

 

[FleshLight]

My girlfriend got upset over 4 inches

 

[lxskllr]

Sometimes the law does provide justice. HOAs can go to hell

 

[Baked]

My girlfriend got upset over 4 inches

That's something you should keep to yourself.

 

[MonKENy]

http://www.washingtonpost.com/local...6f9bec-6652-11e2-93e1-475791032daf_story.html

How could anyone get that upset over 4 inches.

ask my ex girlfriends

 

[God Mode]

Why do people move into HOA developed houses in the first place?

 

[MonKENy]

My girlfriend got upset over 4 inches

goddammit

 

[djnsmith7]

Never been a fan of HOA's. From the stories I've read, those folks are normally people that would go & measure a sign on someone's lawn & determine that it is 4" too tall. Absolutely ridiculous. Who would want to live this way & deal with that type of nonsense on a regular basis? Then have a specific incident hang over your head for 4 years...just plain stupidity.

 

[DrPizza]

The idea of HOAs, on the whole, isn't a bad idea. The problem is, the people they often attract to be in charge of the HOAs are often busybodies with nothing better to do. THAT'S when the problems start.

 

[God Mode]

Never been a fan of HOA's. From the stories I've read, those folks are normally people that would go & measure a sign on someone's lawn & determine that it is 4" too tall. Absolutely ridiculous. Who would want to live this way & deal with that type of nonsense on a regular basis? Then have a specific incident hang over your head for 4 years...just plain stupidity.

The people that move into them and then become complacent during board elections or regulation implementations are not without fault either. Dont the home owners get to vote on major issues and change? Welcome to the problem of serial voters on a power trip and apathetic non-voters that plague our political landscape. You sleep in the bed you made. Welcome the tyranny of the majority.

 

[GagHalfrunt]

The idea of HOAs, on the whole, isn't a bad idea. The problem is, the people they often attract to be in charge of the HOAs are often busybodies with nothing better to do. THAT'S when the problems start.

As that's the ONLY type of person that would want to be in charge of a HOA then on the whole it's a bad idea. Anyone that wants to control other peoples lives to that degree should not be allowed to, so there's no good outcome.

 

[Slew Foot]

Our HOA is awesome, unobtrusive to the residents and they help to keep the poor people away

 

[techs]

The HOA should have required picture I.D. before allowing anyone to post a sign.

 

[Leros]

So what happens to this community square? Does somebody buy the plot and build a house on it? I can't see where it has any other value. Kinda sucks for the whole neighborhood.

 

[Newbian]

Why do people move into HOA developed houses in the first place?

The problem is in some places they are really the only option when looking to purchase a house so it can be a pain in the ass to find a area without them.

Or sometimes HOA are forced on people after they own the house for a time.

 

[Newbian]

So what happens to this community square? Does somebody buy the plot and build a house on it? I can't see where it has any other value. Kinda sucks for the whole neighborhood.

They got the entire neighborhood angry at the homeowners now.

 

[T9D]

The small HOA's are the horrible ones. The really large ones with many many people who stand up and have a voice and shoot down lame people are the good ones.

The one I lived in had a great rec area and pool. kept the entire mountain community well maintained with nice roads, lighting, paths, great yard work (along the road and parks). They keep out trash neighbors from hell. No Butt ugly houses with junk laying around, nobody who makes excessive noise, or leaves their lame dog to bark all day etc. Yeah you have to follow some rules, but It's a very pleasant place to be and look at.

I wish I was living in one now like that. I don't have one now and there are a few neighbors I wish I could report. For one some lame arse who runs his metal recycling business from his house and at 7am on the weekends he's out banging loud metal. I might be able to report him to the city though.

I had one HOA that the guy ran himself. Him and his buddy owned most of the units and did most the votes. He paid himself to do some of the work and things seemed very shady. He had to much power. BUT he kept the HOA fees very very low and never picked on anyone. so I was ok with it.

Some dumb busibuddy realestate lady tried to cause trouble though. The realestate people are the worst. I hate them with a passion. They move in or come in with investment properties and try to take over everything. Cause the most trouble of anyone. Usually they will get elected, charge up tons of fees getting everything fixed up, raise all the dues, then sell off their place after it looks all nice and make a profit. Leave all the residents with hiked fees they have to pay forever. Or if they stay they make it hell for everyone.

She lost against him. And I voted her down too haha. Stupid lady. And the market crashed and she was stuck losing money on her place. And got fined for some things. We would have gladly let go but she kept causing trouble. She even stopped paying her dues.

One other HOA I was in though the guy got arrested for stealing the funds.

 

[Linflas]

Why do people move into HOA developed houses in the first place?

In the area this story is talking about, Northern Virginia, it is almost impossible to find a community without an HOA as much of the development done here has been completed since HOA's became popular in the 1970's.

 

[God Mode]

The problem is in some places they are really the only option when looking to purchase a house so it can be a pain in the ass to find a area without them.

Or sometimes HOA are forced on people after they own the house for a time.

So they move in and expect the rules to not apply to them? No one is entitled or forced here. Frankly, the HOA are petty fucks but the home owners are dumb fucks. I wouldn't want either to be my neighbors.

 

[God Mode]

In the area this story is talking about, Northern Virginia, it is almost impossible to find a community without an HOA as much of the development done here has been completed since HOA's became popular in the 1970's.

So move. You are not entitled to live in a certain area. Northern Virginia has HOA free homes. They're not as desirable because no one enforces upkeep and community rules. The same reason why HOAs might be insanely strict. The term 'if I let you do it, I have to let everyone else do it' comes to mind.

I'm starting to see why HOAs exist in so many US towns.

 

[Linflas]

So move. You are not entitled to live in a certain area. Northern Virginia has HOA free homes. They're not as desirable because no one enforces upkeep and community rules. The same reason why HOAs might be insanely strict. The term 'if I let you do it, I have to let everyone else do it' comes to mind.

I'm starting to see why HOAs exist in so many US towns.

This is me looking through the thread in vain trying to find where I was bitching about HOA's. I simply gave you one reason why people buy into HOA communities despite disliking HOAs. And FYI some of the most expensive housing in this area are HOA free because they were built before HOA's became popular. They are typically close in to DC making them highly desirable for people that work in the city.

 

[Brovane]

The idea of HOAs, on the whole, isn't a bad idea. The problem is, the people they often attract to be in charge of the HOAs are often busybodies with nothing better to do. THAT'S when the problems start.

Realistically I usually see this type of crap for smaller associations. I belong to a fairly large association (over 3,000 houses) and for the most part we are left alone. I pay about $80 a month. For some reason it seems to having a larger set of homeowners seems to mellow out the board. Usually when I read about these stories it is some small association, usually condos/townhomes with less than 300 units.

 

[MotionMan]

I handle HOA lawsuits. Generally speaking, the resident is at fault and the HOA Board reacts poorly, setting up the wasted legal fees and, unfortunately, the HOA usually footing the bill.

The purpose of HOAs is, in theory, that you know what is expected of your neighbors. People fail to internalize these limitations, failing to realize that, not only has your neighbor given up some property right, but that they have also given up rights.

They are supportive when the HOA Board clamps down on the neighbors brown lawn, but shocked when they are told they cannot build on the show slope.

The problems with HOAs are not the rules. The problems are the humans who live in them and have to administer them.'

MotionMan

 

[halik]

So they moved into a place with bylaws saying no signs, put up a sign in the front yard and got butt hurt?