Local Neigborhood Politics - would like opinions

[dmcowen674]

The decision was already made but would like feedback anyway.

Moved in this 88 home neighborhood 3 years ago believing it had a Homeowners Association as told by the Builder. We wanted an Association to help keep value up etc. Turns out the Builder told people that wanted a Association that there is one and people that didn't want an Association that there isn't one.

So anyway the bottom line is that there was No Mandatory Association put in place, only papers (Covenats) filed with the State. The builder turned the rights to the Covenants over to a group of Homeowners such as myself and we got a Association Incorporated. However in order to make the Association Mandartory 58 Homeowners would have to vote Yes to make it Mandatory.

We put a vote out and only 16 voted to make it Mandatory, 3 voted to do away with an Association and Covenants altogether while 69 voted to leave it Non-Mandatory like it is.

That means that the 16 people pay for the Water, Electric, Landscaping etc for the other 72 people that don't contribute a penny.

I say Bullsh1t to that and the other Officers agreed. We are having the water, electric and Landscaping all turned off. The lazy SOB's that don't give a crap will not get the ammenities for free anymore.

 

[jpeyton]

Exactly, turn that sh1t off. I would have done that a long time ago. Just worry about how your own house looks.

 

[dmcowen674]

Originally posted by: jpeyton
Exactly, turn that sh1t off. I would have done that a long time ago. Just worry about how your own house looks.

Mainly talking about the Front Entrance to the subdivision. It has two large sides with fencing that needs maintaining, grass, bushes/shubbery and a large Wall with the sign of the name of the subdivision in the middle with the lights on it. Then there two middle Islands dividing the road leading into the subdivision with grass, plants/shubbery.

Letting all that go will be an huge eyesore very quickly and take Home values down but that it what the majority wants. Infact a couple suggested bulldozing all of it and covering it all with asphalt.

 

[CanOWorms]

Why is this posted here? Is this your blog? Do you actually believe that your petty life details belong is Politics & News and is on the same scale as other international news and debates? Why didn't you post in Off Topic, where it would be more appropriate and probably get more and better responses? Am I acting like a forum Nazi?

 

[dmcowen674]

Originally posted by: CanOWorms
Why is this posted here? Is this your blog? Do you actually believe that your petty life details belong is Politics & News and is on the same scale as other international news and debates? Why didn't you post in Off Topic, where it would be more appropriate and probably get more and better responses? Am I acting like a forum Nazi?

No that's OK, your opinion.

I felt it applies since it is a Liberal Vs Conservative battle.

Where do you fall? Are you one of the freeloaders that would sit back and watch a small group pay for the upkeep while you get the benefit of it without contributing a penny?

 

[charrison]

Originally posted by: dmcowen674

Originally posted by: jpeyton
Exactly, turn that sh1t off. I would have done that a long time ago. Just worry about how your own house looks.

Mainly talking about the Front Entrance to the subdivision. It has two large sides with fencing that needs maintaining, grass, bushes/shubbery and a large Wall with the sign of the name of the subdivision in the middle with the lights on it. Then there two middle Islands dividing the road leading into the subdivision with grass, plants/shubbery.

Letting all that go will be an huge eyesore very quickly and take Home values down but that it what the majority wants. Infact a couple suggested bulldozing all of it and covering it all with asphalt.

FIrst pettitetion the neighborhood saying these services will be terminated at a given date more contributions are not made. Include in the petition the total cost of yearly maintance(broken down by service). Detail what it would cost per house to pay for these services.




THe neighborhood we live was forced to go from a non mandatory, to manditory because the pool and tennis court were going to be closed because of lack of funds.


edit
$95/year are our dues. That pays for the tennis courts and pool. Bargain if you ask me.

 

[dmcowen674]

Originally posted by: charrison

Originally posted by: dmcowen674

Originally posted by: jpeyton
Exactly, turn that sh1t off. I would have done that a long time ago. Just worry about how your own house looks.

Mainly talking about the Front Entrance to the subdivision. It has two large sides with fencing that needs maintaining, grass, bushes/shubbery and a large Wall with the sign of the name of the subdivision in the middle with the lights on it. Then there two middle Islands dividing the road leading into the subdivision with grass, plants/shubbery.

Letting all that go will be an huge eyesore very quickly and take Home values down but that it what the majority wants. Infact a couple suggested bulldozing all of it and covering it all with asphalt.

FIrst pettitetion the neighborhood saying these services will be terminated at a given date more contributions are not made. Include in the petition the total cost of yearly maintance(broken down by service). Detail what it would cost per house to pay for these services.

THe neighborhood we live was forced to go from a non mandatory, to manditory because the pool and tennis court were going to be closed because of lack of funds.

edit
$95/year are our dues. That pays for the tennis courts and pool. Bargain if you ask me.

"FIrst pettitetion the neighborhood saying these services will be terminated at a given date more contributions are not made. Include in the petition the total cost of yearly maintance(broken down by service). Detail what it would cost per house to pay for these services."

Have done this repeatedly for the last 2 years to no avail. This was one last time for a final vote.

Their response was that the money would come out of thin air and the service get paid magically. I kid you not, people are lazy idiots.

 

[charrison]

Originally posted by: dmcowen674

Originally posted by: charrison

Originally posted by: dmcowen674

Originally posted by: jpeyton
Exactly, turn that sh1t off. I would have done that a long time ago. Just worry about how your own house looks.

Mainly talking about the Front Entrance to the subdivision. It has two large sides with fencing that needs maintaining, grass, bushes/shubbery and a large Wall with the sign of the name of the subdivision in the middle with the lights on it. Then there two middle Islands dividing the road leading into the subdivision with grass, plants/shubbery.

Letting all that go will be an huge eyesore very quickly and take Home values down but that it what the majority wants. Infact a couple suggested bulldozing all of it and covering it all with asphalt.

FIrst pettitetion the neighborhood saying these services will be terminated at a given date more contributions are not made. Include in the petition the total cost of yearly maintance(broken down by service). Detail what it would cost per house to pay for these services.

THe neighborhood we live was forced to go from a non mandatory, to manditory because the pool and tennis court were going to be closed because of lack of funds.

edit
$95/year are our dues. That pays for the tennis courts and pool. Bargain if you ask me.

"FIrst pettitetion the neighborhood saying these services will be terminated at a given date more contributions are not made. Include in the petition the total cost of yearly maintance(broken down by service). Detail what it would cost per house to pay for these services."

Have done this repeatedly for the last 2 years to no avail. This was one last time for a final vote.

Their response was that the money would come out of thin air and the service get paid magically. I kid you not, people are lazy idiots.

Time to turn the lights off. See if you can get the electic company to do it for a couple of weeks.

 

[CanOWorms]

$95/year is pretty cheap, that kind of sucks that your neighbors won't pay. Why don't you go after the builder for lying?

 

[dmcowen674]

Originally posted by: CanOWorms
$95/year is pretty cheap, that kind of sucks that your neighbors won't pay. Why don't you go after the builder for lying?

It's the old 20/80 rule, that 20% of the people do 80% of the work but in this case paying for the other 80%. Not going to do it anymore.

The Corporate name the Builder used is gone, he operates under a different name doing other subdivisions in the area now.

 

[dmcowen674]

Originally posted by: charrison

Originally posted by: dmcowen674

Originally posted by: charrison

Originally posted by: dmcowen674

Originally posted by: jpeyton
Exactly, turn that sh1t off. I would have done that a long time ago. Just worry about how your own house looks.

Mainly talking about the Front Entrance to the subdivision. It has two large sides with fencing that needs maintaining, grass, bushes/shubbery and a large Wall with the sign of the name of the subdivision in the middle with the lights on it. Then there two middle Islands dividing the road leading into the subdivision with grass, plants/shubbery.

Letting all that go will be an huge eyesore very quickly and take Home values down but that it what the majority wants. Infact a couple suggested bulldozing all of it and covering it all with asphalt.

FIrst pettitetion the neighborhood saying these services will be terminated at a given date more contributions are not made. Include in the petition the total cost of yearly maintance(broken down by service). Detail what it would cost per house to pay for these services.

THe neighborhood we live was forced to go from a non mandatory, to manditory because the pool and tennis court were going to be closed because of lack of funds.

edit
$95/year are our dues. That pays for the tennis courts and pool. Bargain if you ask me.

"FIrst pettitetion the neighborhood saying these services will be terminated at a given date more contributions are not made. Include in the petition the total cost of yearly maintance(broken down by service). Detail what it would cost per house to pay for these services."

Have done this repeatedly for the last 2 years to no avail. This was one last time for a final vote.

Their response was that the money would come out of thin air and the service get paid magically. I kid you not, people are lazy idiots.

Time to turn the lights off. See if you can get the electic company to do it for a couple of weeks.

I have access to the main, will pull it.

Kids broke the Sprinkler system box back in September and I haven't bothered to fix it so the water has been off anyway and will stay off. We get billed $20 even if we don't use a drop of water so have to get the water shut off.

 

[dmcowen674]

Originally posted by: charrison

"Time to turn the lights off. See if you can get the electic company to do it for a couple of weeks."

Thanks, glad we do agreee on something.

There was one Officer that wanted to sort of play hero I guess and pay for everything himself to keep it all going but that isn't right either. Would have to re-name the Subdivison in his name.

 

[Pepsei]

Here we just forced everyone to pay, since it's mandatory. Those that doesn't pay, we will send collection agency after them.

The officers are doing most of the work so they are exempt from paying the dues. I'm lazy, so I paid my dues on time.

 

[LunarRay]

I don't know about Georgia law but, would assume the existence of an association has little to do with a covenant or restriction explicit in the property deeds of the subdivision. One need not have an association to enforce a deeded requirement. One can litigate in court the specifics of a deed.. The association that now exists may have to do this in any event (due process) to effect any change in behavior of the non compliant owners. There may be some remedy available from the builder if it can be shown 'but for his fraud' this or that.. to mitigate the potential costs that may not be recoverable otherwise.. it is civil on the one hand but, may be criminal as it attaches to the builder.. the tort of fraud is criminal as well. If evidence exists beyond a clear and convincing nature in civil litigation or by itself under a higher standard (reasonable doubt) you could maybe recover all the costs you outlined and have them foot the bill till they create a remedy all are satisfied with. A settlement of sorts..
IMO and not a legal opinion..

 

[dmcowen674]

Originally posted by: LunarRay
I don't know about Georgia law but, would assume the existence of an association has little to do with a covenant or restriction explicit in the property deeds of the subdivision. One need not have an association to enforce a deeded requirement. One can litigate in court the specifics of a deed.. The association that now exists may have to do this in any event (due process) to effect any change in behavior of the non compliant owners. There may be some remedy available from the builder if it can be shown 'but for his fraud' this or that.. to mitigate the potential costs that may not be recoverable otherwise.. it is civil on the one hand but, may be criminal as it attaches to the builder.. the tort of fraud is criminal as well. If evidence exists beyond a clear and convincing nature in civil litigation or by itself under a higher standard (reasonable doubt) you could maybe recover all the costs you outlined and have them foot the bill till they create a remedy all are satisfied with. A settlement of sorts..
IMO and not a legal opinion..

Thanks LR, that's what we are advising to everyone. That although the HOA is a "Lame Duck" we are only keeping it active enough to maintain the existence of the Covenants with the State. I posted on the Website and letter will be going out that if a neighbor has a neighbor issue they will have to take their neighbor to court using their own Attorney since the HOA has no teeth.

As far as the Builder, since it is a small group of us that realize this misdeed or even care about it, we already consulted with an Attorney. Basically we could win but it would be an empty victory in that it would not change the situation and no one see a penny since the Corporation he used to do the building no longer exists.

The Focus is to now "Educate" others in the County and the State of this "Legal" quagmire or loophole that Builders have in order to sell houses. The success of the Campaign could be measured by the "Thorn" factor, how much impact could we have in not only the builder that did this here but all other builders using the same tactics. The ultimate outcome would be to get Lawmakers to actually pass a Law that is for the people and not for unscrupolous people posing as Builders under a Corporate Umbrella of deceit.