Homeowner's Association Update: 2/24/08

[TheMalcolmConnection]

OK, so we've had a development since the last time I wrote about my concerns with the HOA sending us letters saying we're forced to join.

So I had my lawyer write them a letter stating that they had no right to join nor will there be any type of lien placed on our house by them. Just Friday we got a letter from the head of the thing stating they had met with our lawyer and that they were willing to put in writing that we won't be paying for any roads that they want to maintain in their area.

Basically, they're "promising" that we won't have to pay if they decide to pave their roads. Also, this letter would seem to imply that they can't force us to do jack shit because if they had any legal right they would have just sent a letter from THEIR lawyer stating that we indeed had to join.

So in essence, I think we're free and clear should we not want to join. Anyway, the guy wrote a decent letter to us and said that he really just wanted us to be active members and looks forward to having us be a part of it in the future.

Please look at this like someone (like me) who hates conflict. Should we join as a sign of good faith and just tell them to leave us the hell alone? It's $50 a year only. But I ALSO have a philosophical problems with HOAs in general and don't want to give in just to get them off our backs.

Pretty much, what would everyone else do while trying to save some face at least, because yet again I feel like the asshole in this whole thing.

[dmek25]

i would watch joining now. legally it might bind you to something in the future. and good evening Malcolm

[TheMalcolmConnection]

Good evening sir.

And yes, that's been my fear. While I don't see us being there for more than two years, I get concerned that while we don't have to pay for the roads, they could find out something else for us to spend money on.

[That Guy]

50$ now, but if it jacks up like my condos did, you'll be forced to eat it later.

you're in the clear, stay that way.

[Daseal]

TMC -- I gotta say you politely decline. Tell them you'll be part of the community, but don't want to join the HOA. They can still control the color of your house, the plants you put outside, etc. Also, the second you sell the house Im guessing the language they use would put that property in the HOA. So they're just trying to force the next owners to be in the HOA by giving you an out.

HOA's seem terrible to me, you're out of the woods and they won't harass you anymore. Enjoy your victory by painting your house bright pink and planting cacti outside.

[dmek25]

daseal, great point. there is a couple that lives behind me. moved out of a community with a homeowners ass. because they were trying to tell them they couldn't put potted plants on their porch. listen up Malcolm, for he speaks the truth

[FRPLG]

HOAs in theory are actually great ideas. HOAs in application have become crap. Too many people running around on a power trip trying to get their way.

[TheMalcolmConnection]

Great. Thanks for the advice guys.

Basically, rather than calling the guy up, I'm just going to send a letter. Here's a rough draft:

"Dear George,

Thank you for your meeting with David. It's been the most positive interaction we've had with the association so far. This whole situation has been off-putting to say the least. So far, I've had someone yell at me over the phone saying I haven't been neighborly by not joining and been receiving letters stating that before selling my house we would have to pay back dues.

The reason we moved into this neighborhood is because my new wife and I found the lack of a mandatory (and we were told 'non active') Homeowner's Association very attractive. It has nothing to do with the money, we just are not interested in being members.

Thank you for your offer and thank you for meeting with David, but we'd like to politely decline."

How does that sound? I want to be as firm, but also as friendly as possible...

[That Guy]

that's fine.

[saden1]

Does that $50 cover road paving? Because if it does you're getting a bargain. There are 4 houses in our cul-de-sac and every two years or so the four of us chip in to the tune of $1200 to get our roads paved.

Truth is if I could get a letter from them saying that I can opt out at any time I would strongly consider joining.

[FRPLG]

Originally Posted by TheMalcolmConnection

Great. Thanks for the advice guys.

Basically, rather than calling the guy up, I'm just going to send a letter. Here's a rough draft:

"Dear George,

Thank you for your meeting with David. It's been the most positive interaction we've had with the association so far. This whole situation has been off-putting to say the least. So far, I've had someone yell at me over the phone saying I haven't been neighborly by not joining and been receiving letters stating that before selling my house we would have to pay back dues.

The reason we moved into this neighborhood is because my new wife and I found the lack of a mandatory (and we were told 'non active') Homeowner's Association very attractive. It has nothing to do with the money, we just are not interested in being members.

Thank you for your offer and thank you for meeting with David, but we'd like to politely decline."

How does that sound? I want to be as firm, but also as friendly as possible...

I'd leave out all the parts about what happened. The situation is basically settled so at this point the only thing you need to do is decline. Bringing up the other stuff really serves no purpose other than to throw it back at him about what a bunch of crap his HOA is. At least that is how it will feel to him.

I'd say:

I appreciated you diplomacy in our meeting. It was exactly what the situation called for and certainly left us with a good impression.

Thanks for the offer but at this time we are simply not interested in joining. Should my wife and I change our minds we will let you know.

And that's it.

No need for any extracuricualr stuff that will get you nothing.

[dmek25]

why do you need your roads paved every couple of years? if done right, in a development, would last forever

[TheMalcolmConnection]

For us, they already stated that if we just joined, we wouldn't have to pay for the roads. And honestly, if there was a guarantee that all we paid was fifty bucks (which covers maintenance of this 'green area' they bought prior to us moving in so that some other developer wouldn't buy it and put up trailers on it), then I'd really have no problem.

They're just so conniving about how they've tried to force us to join, I would be afraid they'd want to do a bunch of crap that would cost us out the ass. Like, I cannot see a single good reason to be a member. It basically gives them the right to tell ME what to do with property that I pay my hard earned money for.

[TheMalcolmConnection]

Originally Posted by FRPLG

I'd leave out all the parts about what happened. The situation is basically settled so at this point the only thing you need to do is decline. Bringing up the other stuff really serves no purpose other than to throw it back at him about what a bunch of crap his HOA is. At least that is how it will feel to him.

I'd say:

I appreciated you diplomacy in our meeting. It was exactly what the situation called for and certainly left us with a good impression.

Thanks for the offer but at this time we are simply not interested in joining. Should my wife and I change our minds we will let you know.

And that's it.

No need for any extracuricualr stuff that will get you nothing.

That's actually really good. I might just say that...

[saden1]

Originally Posted by dmek25

why do you need your roads paved every couple of years? if done right, in a development, would last forever

It's not really paving, it's maintenance. The road looks blacker after they are done is all I know.