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This is an automated archive made by the Lemmit Bot.The original was posted on /r/bestofredditorupdates by /u/JoySubtraction on 2026-08-14 14:53:35+00:00. I am not the OOP, OOP is u/Dunnachius Originally posted to r/JustNoHOA (first 2 posts) and r/fuckHOA (last 2 posts) tw: hoarding Few questions, Just bought A house in a non-mandatory HOA without signing contract (Florida) posted 2022-01-29 Long story short, I bought a house in an HOA, in a gated community. (free standing single family residence) The property was purchased through a foreclosure auction, knowing it had a property tax lien on it as well (and the dollar amount). I had to buy the tax lien from a speculator that bought the lien at auction. He told me he was waiting on some arbitrary timeframe in order to able to force a sale on the lien. regardless... the sale is final and all Liens have been cleared. The previous owner WAS in the HOA prior to his death. Regardless of the situation I own the property free of clear of any and all liens. I didn't purchase the house through "normal channels". For example the "dead guy" never signed anything in the HOA documents transferring ownership. I also never agreed to follow the CCRs when I purchased the house. Because I didn't buy the house from the former owner, just the gubment. However every time (like literally every single time) I head out to the property to do any work on/in it I get hounded by one or more of 4 or so busy bodies who keep trying to get me to sign the contract, they keep telling me it's mandatory and I keep telling them "I'm going to have my attorney look at them and I'll get back to you" They also point out that the HOA had right of first refusal in selling the home and I shouldn't have been able to buy it without first signing the contract. (well I did, so screw them) Everything I can find says that the HOA is voluntary/non-Mandatory and I've never signed shit. Well, one of my questions is that while the house used to be in the HOA, I don't know if it is grandfathered in because it was in the HOA already? Or is it not in the HOA because I haven't signed yet? Or is the mere act of buying the house legally put in me the HOA even if I haven't signed anything? Supposedly, the "voluntary" HOA is 100% (minus me) of the neighborhood and they have a contract giving right of first of first refusal on any resale of the property. (Good luck enforcing that on a tax/mortgage auction with a dead guy). They also required anyone who bought a house to sign the contract with the HOA before the builder would sell. And one of the things in the HOA contract is that the HOA has the right of first refusal on any sales. So am I in a legal grey area in a very tightly controlled voluntary HOA? Or is there something sketchy going on with the way they have it set up? I also have yet to receive a gate access key, I have had luck just tailgating other cars in thru the gate. I also don't have a street parking sticker, nor do I have any way to request guest parking passes or any of that crap that the paper work talks about. Or do I stand to have an issue over the right of first refusal crap? I know.. "Don't sign" is the the correct answer, but what sort of troubles am I going to be in over this bullshit? PS If I can really get away with not joining i'm going to park the biggest most mad Maxian truck in the front yard in the grass and paint it neon orange/purple stripes, and build a 20 foot pirate ship in the back yard complete with crows nest. -- OOP added in a comment: I contacted a lawyer for a consultation and he has yet to get back to me. Which means one meeting over the phone to collect all my information, however long to research everything than he will let me know what the situation is. There is in fact "community assets" that they spend money on and more than likely some potion of the infrastructure isn't government maintained. The gates aren't freely provided by the government of course. I pulled a flyer off the club house bulletin board with instructions on what to tell the uber/door dash driver so they can access the gate and bingo.. i'm in. They set up a code specifically to tell the delivery/rideshare/taxi drivers and posted it on the memo board. So this is like the least secure gate in the history of gates The question of overnight parking tags is still a mystery I haven't solved and they tow anything parked on the street after dark. As of today I have gate access codes (but still no sticker). They came by again and their reaction to me indicates that this is a voluntary HOA that is doing well to pretend to be a mandatory HOA. They have been working me over with the "Carrot" trying to get me to sign. I'm curious as to when they will switch to the stick and start threatening fantasy legal action. They've already promised to "Give me plenty of time" to fix the yard and the house before they start fining me. Which is a verbal handshake Promise from an HOA Karen so on a scale of 1-10 I trust them as -5/10. "isn't this a nice neighborhood?" "Have you seen the club house?" "Have you tried the pool?" They are killings me with kindness, which is significantly better than then stabbing me in the back but still annoying as shit. But yes, I'm making damned sure I don't sign anything. Additional things I've learned But I also learned that yard from the sidewalk to the road (and mailbox) are all HOA property, which means there is a significant amount of HOA assets. And technically under the property ownership rules they can enforce no blocking of the sidewalks/parking in the drive way even if I'm not a member of the HOA. However the zone of my driveway between the house and the sidewalk are my property. There's also planters in the center of the Cu du sacs that are volunteer maintained with plants purchased with HOA funds, with home depot/lowes/walmart being the only approved sources that you can receive reimbursement in the CCRs. I've been looking for "brother in law" kickback deals for contractors and it seems that the only requirements for contractors is that they use licensed bonded contractors and only approved paint colors/styles. Virtually everything in materials lists "or visually equivalent replacements" It also doesn't require approval for repairs/maintenance just notification. For what they are actually charging I might consider paying them, I know that it's a trap and I shouldn't but I can see why people would. Still leaning on diagonally painting orange/purple neon stripes and replacing my yard with natural wild flowers and other native plants. And then I'm also considering displaying a vintage 1994 pickup truck in the yard on display cinder blocks. dobber1965
I beat the HOA... I won't be forced to join. GO LAWYERS! posted 2022-02-18 So earlier this month I purchased a property in real estate lien auction. the property was in a voluntary HOA that had 100% membership. My attorney looked into the situation and drafted a proposal and sent it to the HOA via registered mail. He drafted up a proposal agreement with the HOA with the following conditions.
They received it and signed for it. That day the harassment from the HOA stopped. A week later their attorney sent back a response. Dunnachius The HOA board has met, they do not appreciate your uneighborly attitude and are not agreeing to your terms. However they acknowledge that your claim to unrestricted access to your property may have legal merit if the issue is taken to court. I have been instructed to give you a gate access code, attached below. You will not be given a keyfob to the gate as it would give you unrestricted access to their clubhouse. Furthermore they are notifying you of the following, the roadway and sidewalk are both HOA property and they reserve the right to remove any illegally parked vehicles or other property. This is however a legal acknowledgement that you will not be held to their community standards. They also are requesting some leeway regarding harassment as community notices may inadvertently be delivered. Finally they are returning the check uncashed. The HOA attorney ... Content cut off. Read original on https://old.reddit.com/r/BestofRedditorUpdates/comments/1vo9gsv/bought_a_house_in_a_nonmandatory_hoa_without/ |
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Spacehooks
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Spacehooks@reddthat.com Joined: 2023-07-05 |
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Spacehooks
Moderator
Spacehooks@reddthat.com Joined: 2023-07-05 |
The HOA attorney I'm not quite understanding how this doesn't constitute them agreeing to my terms thou.. They are giving me everything I want and are turning down my gift towards the upkeep of the road/gate. -- OOP added in a comment: I put in a call to a solar company to come out and do a quote on installing solar. Completely not allowed by the HOA bylaws. So going to have to do it for sure. ...
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Spacehooks
Moderator
Spacehooks@reddthat.com Joined: 2023-07-05 |
HOA HELL. also look like you need login for these on old reddit. Least bot still works. |
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