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HOA getting sued
#13057595
02/09/19 03:25 PM
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Joined: Apr 2010
Posts: 21,739
junbengreat
OP
not so great
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OP
not so great
Joined: Apr 2010
Posts: 21,739 |
Our hoa is getting sued. They replaced the old board a year ago and that was a legal battle in itself. The new board is trying to fix all the mess they inherited. They passed one vote regardless of how many lots you owned. One guy owned 200 and had 200 votes at each election. He is suing our hoa because he says the deed restrictions for his lots say he only owed $1.25 in monthly hoa fees. The old board raised it to $25 without doing it properly and he wants backpay for the last 10 years to the amount of $200k. Now they are in a rush to update deed restrictions to reflect price increase so there are no other lawsuits. If they keep getting sued they will have to declare bankruptcy and hoa will cease to exist. What a hot mess
Last edited by junbengreat; 02/09/19 03:28 PM.
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Re: HOA getting sued
[Re: junbengreat]
#13057599
02/09/19 03:29 PM
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Joined: Oct 2006
Posts: 95,469
Bigbob_FTW
Big Sprocket Bob
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Big Sprocket Bob
Joined: Oct 2006
Posts: 95,469 |
FJB
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Re: HOA getting sued
[Re: junbengreat]
#13057605
02/09/19 03:32 PM
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Joined: Dec 2003
Posts: 21,300
fishmagnet
TFF Guru
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TFF Guru
Joined: Dec 2003
Posts: 21,300 |
Some 'fuzzy' math going on here.
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Re: HOA getting sued
[Re: junbengreat]
#13057608
02/09/19 03:37 PM
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Joined: May 2010
Posts: 3,067
bill oxner
TFF Team Angler
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TFF Team Angler
Joined: May 2010
Posts: 3,067 |
We went through a rough spot several years ago. All is now calm in our subdivision.
The birds and the guides follow mr out
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Re: HOA getting sued
[Re: junbengreat]
#13057617
02/09/19 03:42 PM
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Joined: Apr 2008
Posts: 40,971
CCTX
mapquest
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mapquest
Joined: Apr 2008
Posts: 40,971 |
Your HOA could easily lose this case if the individual has a good lawyer
The HOA in the neighborhood across the creek from us lost a big case against one of the landowners The landowner wanted to expand all the way to the creek instead of 100ft short of it They actually didnt simply lose; they chose not to contest due to the expense of enforcing their deed restrictions
HOAs are like a big dog with a loud bark, but no bite
If challenged with a potentially expensive lawsuit, they will tuck their tails and whimper
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Re: HOA getting sued
[Re: junbengreat]
#13057638
02/09/19 03:55 PM
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Joined: Apr 2006
Posts: 24,854
outfishdya
TFF Guru
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TFF Guru
Joined: Apr 2006
Posts: 24,854 |
I enjoy hearing about HOAs being sued. I hope they all fail
Woke up this morning Got yourself a gun....
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Re: HOA getting sued
[Re: outfishdya]
#13057689
02/09/19 04:46 PM
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Joined: May 2007
Posts: 40,422
WAWI
TFF Guru
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TFF Guru
Joined: May 2007
Posts: 40,422 |
I enjoy hearing about HOAs being sued. I hope they all fail The one in pecan plantation was a mess when I lived there. Our little 3 house development now with DNRs and a process to handle variances is great. We have been at total peace for 11 years.
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Re: HOA getting sued
[Re: junbengreat]
#13057694
02/09/19 04:53 PM
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Joined: Jun 2016
Posts: 10,365
Nickbyrd
TFF Guru
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TFF Guru
Joined: Jun 2016
Posts: 10,365 |
Our hoa is pretty chill . Dont live like trailer trash and ask before you build a structure . It gets hairy when the old men get into a squabble and it turns into a pishing match . Other than that no issues.
Last edited by Nickbyrd; 02/09/19 07:19 PM.
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Re: HOA getting sued
[Re: fishmagnet]
#13057699
02/09/19 05:00 PM
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Joined: Apr 2010
Posts: 21,739
junbengreat
OP
not so great
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OP
not so great
Joined: Apr 2010
Posts: 21,739 |
Some 'fuzzy' math going on here. If I read the newspaper right they settled for $200k but other people started suing as well. They are trying to fix this before they go bankrupt.
Last edited by junbengreat; 02/09/19 05:00 PM.
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Re: HOA getting sued
[Re: junbengreat]
#13057702
02/09/19 05:01 PM
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Joined: Oct 2007
Posts: 2,896
cob
Extreme Angler
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Extreme Angler
Joined: Oct 2007
Posts: 2,896 |
I live in Sun City Georgetown. Our HOA currently has about 8000 homes. Build out is 10,000. Been here 6 years; overall no problems. Everything is kept up and looks like a park. HOA owns the three golf courses inside the community.
Some people go to church and think about fishing. Some go fishing and think about God.
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Re: HOA getting sued
[Re: cob]
#13057717
02/09/19 05:19 PM
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Joined: May 2007
Posts: 40,422
WAWI
TFF Guru
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TFF Guru
Joined: May 2007
Posts: 40,422 |
I live in Sun City Georgetown. Our HOA currently has about 8000 homes. Build out is 10,000. Been here 6 years; overall no problems. Everything is kept up and looks like a park. HOA owns the three golf courses inside the community. When I was in pecan there was a lawsuit going on over RV parking. Different areas had different rules. Rather than read the restrictions for their area they would see someone else in neighborhood with one and assume it was ok. There is a similar bunch of bickering going on in the subdivision I back up to over out buildings. Some houses predated the annexation of the neighborhood and were exempt on their ridiculous looking stuff they put in their yard then new people move in and want to do the same. There is always that old Codger who figures he bought the place so he can do whatever neighbor be damned. In the case in the neighborhood we border it's a hippy who runs wild trashing up his place with all types of nonsense. I'm sure the neighbors to him will take a beating at sell time as nobody wants to live near it. Everyone hates HOA and cnr until a dirty slob moves next door.
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Re: HOA getting sued
[Re: junbengreat]
#13057731
02/09/19 05:29 PM
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Joined: Jun 2004
Posts: 4,091
Ranger Z21
TFF Team Angler
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TFF Team Angler
Joined: Jun 2004
Posts: 4,091 |
I would be very curious to take a close look at your covenants. I was our HOA president for 10 years and we were about as chilled as any HOA. In our covenants which you signed when you bought your house oh and by the way most don't read then when there is an issue they play dumb. Anyway ours said we were protected up to 2,000,000 and after that each homeowner were responsible for an equal share. I can tell you most covenants are boilerplate agreements so I would check yours to see if that clause is there because there is a good chance it is. I don't know if you are self managed or you have a management company but I would be checking what you signed.
Last edited by Ranger Z21; 02/09/19 05:30 PM.
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Re: HOA getting sued
[Re: junbengreat]
#13057783
02/09/19 06:16 PM
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Joined: Apr 2010
Posts: 21,739
junbengreat
OP
not so great
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OP
not so great
Joined: Apr 2010
Posts: 21,739 |
We have a management company.
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Re: HOA getting sued
[Re: junbengreat]
#13057843
02/09/19 07:45 PM
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Joined: Jul 2012
Posts: 22,230
Davedave
Bigfoot Seeker
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Bigfoot Seeker
Joined: Jul 2012
Posts: 22,230 |
I lived without one for fifteen years. It was awesome. I moved. I have one now. I dont like them. They can kiss my arse.
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