Page 4 of 4 FirstFirst ...
2
3
4
  1. #61
    The Undying Doctor Amadeus's Avatar
    Join Date
    May 2011
    Location
    In Security Watching...
    Posts
    39,029
    Quote Originally Posted by Stormdash View Post
    Well, not literally valueless, but the blowback for really trying to opportunistically hammer people during this situation is going to be noisier and less welcome than others. Such to the point where I don't even understand the move unless it's HOA members who plan to buy up these properties if foreclosed. Realtors and lessors aren't going to want to get the "wait, isn't this that one HOA?" question.
    Possibly but then again it depends on who. As I said many HOA I know of in a lot of areas use these kind of tactics as a selling point. The Message if you aren't really one of us we'll fix that. The key being you buy a house you'll be one of us right.

    Oh and by the way it's been a thing for a long time and the practice is getting more popular not less, some even want to buy entire towns and some have. Seriously, however the blowback could be if this gets highlighted, say like John Oliver did a special on it, then people would be like OMFG that's legal?

    Yes, it's legal and many HOA have been getting away with it, because some judges enforce it.
    "Intellect alone is useless in a fight...you can't even break a rule, how can you be expected to break bone" Khan Singh

  2. #62
    This has happened a good bit in my city recently.

    I noticed contacting all your local newspaper and news stations seems to be effective. If it is happening to everyone in your building get together and do it together. 30 seconds on the local news or an article in the newspaper has had them all backpedaling pretty quickly around here. If it has to go to court, do it. Let a judge sign their name to kicking people out during covid-19 shelter in place orders, that are working from home as asked to social distance, over a technicality in a rule book. We all know the spirit of these rules are to stop people from opening their garage up every morning and having a taco shop window set up for business. Not someone working on their laptop in the living room during a shelter in place situation.

    Just make sure they don't have OTHER reasons why they are kicking you out for and this just happens to be the one they are using. Which in most cases I find to be more the case when people jump onto the internet to ask questions like this.

  3. #63
    I am Murloc! Zuben's Avatar
    Join Date
    Dec 2009
    Location
    Finland
    Posts
    5,943
    It's ridiculous. In Finland it's legal for HOA to take over a condo for a set period of time, but the path to that point is long and tedious. HOA has to tangibly prove violation of rules, and several warnings need to be delivered to the owner before the takeover. And you can't declare just anything a violation, like working at home (unless it causes activity that is otherwise forbidden). If US (presumably where this is taking place) allows more power to the HOA I guess they can take peoples' property over bullshit like this, but I feel there is room to challenge it, especially in times like this.
    Now you see it. Now you don't.

  4. #64
    Quote Originally Posted by Doctor Amadeus View Post
    As far as I know ALL OF THEM, because it's the process you mentioned that unless you sign an agreement. The question was, is this legal for which my answer is YES, and likely enforceable.

    HoA can't evict either? Uh yes they can, and most likely will especially in TN
    .
    Its Not legal in Any state. If you have a contract, even more so. In any state, in order to officially be evicted, the Must obtain a court order with a judges signature by going to trial. The judge could also block it.

    HoA can Not evict. They can forclose on a property to collect a lien they've put on it as a result of failure to pay their dues, but they cannot just outright evict you.

    If you really were a landlord, you'd know the law. I would advise looking into them if you truly are one, since you seem to be missing a lot. Ive been through this. Multiple times growing up. I went through it from the landlords having to declare bankruptcy to just flat out being evicted. There are regulations in place. Here is the list of how that "notice" isn't a legally binding eviction, or even following guidlines that a quick google for TN has.

    1) Doesn't have the name of the tenant (that we can see)
    2) Doesn't have the signature of the one trying to issue it(that we can see)
    3) Judges signature - meaning not a eviction notice
    4) Can only be used on a month to month tenancy. If they own their condo, this isn't what can be used to evict them.
    5) Its the HoA. They cannot evict you.

    If you can find a law saying they can evict you, go for it. Everything I find says they cannot, but can foreclose on a home IF you have unpaid dues that were first put as a lien on the property.
    Quote Originally Posted by scorpious1109 View Post
    Why the hell would you wait till after you did this to confirm the mortality rate of such action?

  5. #65
    The Undying Doctor Amadeus's Avatar
    Join Date
    May 2011
    Location
    In Security Watching...
    Posts
    39,029
    Quote Originally Posted by Zantos View Post
    Its Not legal in Any state. If you have a contract, even more so. In any state, in order to officially be evicted, the Must obtain a court order with a judges signature by going to trial. The judge could also block it.

    HoA can Not evict. They can forclose on a property to collect a lien they've put on it as a result of failure to pay their dues, but they cannot just outright evict you.

    If you really were a landlord, you'd know the law. I would advise looking into them if you truly are one, since you seem to be missing a lot. Ive been through this. Multiple times growing up. I went through it from the landlords having to declare bankruptcy to just flat out being evicted. There are regulations in place. Here is the list of how that "notice" isn't a legally binding eviction, or even following guidlines that a quick google for TN has.

    1) Doesn't have the name of the tenant (that we can see)
    2) Doesn't have the signature of the one trying to issue it(that we can see)
    3) Judges signature - meaning not a eviction notice
    4) Can only be used on a month to month tenancy. If they own their condo, this isn't what can be used to evict them.
    5) Its the HoA. They cannot evict you.

    If you can find a law saying they can evict you, go for it. Everything I find says they cannot, but can foreclose on a home IF you have unpaid dues that were first put as a lien on the property.
    You’re talking about a process. The question is can they evict you. I said yes they can.

    I doubt the subject in the OP is the OP and if it is then I’m saying depending on their agreement an eviction is exactly what’s going to happen.
    Last edited by Doctor Amadeus; 2020-04-08 at 11:38 PM.
    "Intellect alone is useless in a fight...you can't even break a rule, how can you be expected to break bone" Khan Singh

  6. #66
    Quote Originally Posted by Doctor Amadeus View Post
    You’re talking about a process. The question is can they evict you. I said yes they can.

    I doubt the subject in the OP is the OP and if it is then I’m saying depending on their agreement an eviction is exactly what’s going to happen.
    HoA's cannot evict a tenant. If this is about a tenant, lets make this clear, the HoA has no authority here. Simple. If this is about a homeowner, than if it's in the bylaws that they can foreclose and evict, they may choose to do so only AFTER liens and a defined foreclosure process. So, to state, this letter the person received is not legal by any means because there was no formal process of foreclosure/eviction or lien/fine(s).

    Also, who the fuck would live in an HoA that granted them so much power. Read your HoA bylaws and shit people!

    CCP, Xi Jingping and Human rights violations Stay Informed.

  7. #67
    "Your determination is incorrect. Furthermore, the HOA's illegal actions are grounds for the immediate resignation of all HOA members and dissolution of the HOA. My attorneys will be contact to discuss how much money you're going to give me. Cross my property line again and I call the cops."

  8. #68
    Immortal Stormspark's Avatar
    Join Date
    Jun 2014
    Location
    Columbus OH
    Posts
    7,536
    Quote Originally Posted by Doctor Amadeus View Post
    Possibly but then again it depends on who. As I said many HOA I know of in a lot of areas use these kind of tactics as a selling point. The Message if you aren't really one of us we'll fix that. The key being you buy a house you'll be one of us right.

    Oh and by the way it's been a thing for a long time and the practice is getting more popular not less, some even want to buy entire towns and some have. Seriously, however the blowback could be if this gets highlighted, say like John Oliver did a special on it, then people would be like OMFG that's legal?

    Yes, it's legal and many HOA have been getting away with it, because some judges enforce it.
    I don't own any property and have no plans to in the US, but if I did, and I was hypothetically "forced" into a HOA and then forced out, I would use scorched earth to make sure that whatever they got would be worth less than what they had to pay.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •