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Subject: HOA Member Protections
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DanielF5
(Louisiana)

Posts:4


06/04/2019 9:30 AM  
I have lived within an H.O.A. for a time now. A relevant concern that I have, which is one that I have never seen for any H.O.A. Member thus far, is "H.O.A. Member Protection". Noted within many of the H.O.A. Declarations, By-Laws, Covenants, Declarations of Servitudes, Easements and Restrictive Covenants, or what ever terminology selected for the H.O.A. Members "legal and binding contract", (contract) is the physical and financial protection of the H.O.A. Member, from the violations of the H.O.A.

What is apparent by all relevant evidentuary legal documentation, is that there is nothing to protect the H.O.A. Member from the H.O.A. actually breaching the contract of the H.O.A. There are many different ways that the H.O.A. can breach the contract, all of which could cause harm physically and financially to it's members.

Therefore, a question to all is, why is there not some state and contract law present within these legally binding contracts, which would actually protect the H.O.A. Members from the H.O.A which does not follow the laws and rules stated within these contracts?

It seems based on facts in evidence within many state cases, that when there is a dispute by an H.O.A. Member, about one of many different possible breaches and or violations within their H.O.A. contract, that the H.O.A. uses H.O.A. "funds / revenue" to fight it's on H.O.A. Members. Why is there seemingly a 'fleecing of H.O.A. Member funds" for these matters? I would indeed hope that those actually running the H.O.A. would have the knowledge, experience, IQ as well as EQ, to be able to read and fully understand the H.O.A. Contract, before they were in charge of the H.O.A.. Those individuals whom are deceitful and prefer fraud for personal benefit, should be dealt with legally. Therefore, there is more reason for laws to protect H.O.A. Members.

Some laws in Louisiana Law 9:2792.7 actually protects H.O.A. director, officer and trustee when they cause harm and damage. Where the H.O.A. Contracts for H.O.A. Members, has no protection from these contract violating matters.

Louisiana Law RS 9:1141.1 Part II-B, Subpart A General Provisions, Which is for H.O.A's offers no protection to H.O.A. members what so ever.

I am also concerned about all those H.O.A.'s which fail to provide annual budgets, where there is knowingly and willfully withholding of relevant documents from H.O.A. Members, which are by law to be available to each paying H.O.A. Member. I understand about not making available certain documents which the H.O.A. maintains about personal H.O.A. Member information, but what I am most concerned with the is the financial records and how the member funds are actually being spent and or used.

I hope that there is an H.O.A. contract being used by some H.O.A. which actually does provide the protection for it's own H.O.A. Members.

Is it not time for the H.O.A. Members, those whom fund the H.O.A. to receive some protections, for their funding of the H.O.A?


I look forward to the productive and constructive replies, relevant to these matters.


Thank You!
DouglasK1
(Florida)

Posts:1439


06/04/2019 10:57 AM  
The members have the same protections that contract law provides to all parties. They can sue if they feel the contract is being breached.

Escaped former treasurer and director of a self managed association.
NpS
(Pennsylvania)

Posts:3658


06/04/2019 12:44 PM  
Protection 1: You can vote people on and off your board.

Protection 2: You can run for the board yourself.

Protection 3: You can offer to work on fixing one of the problems that you see.

Protection 4: If you do volunteer for the board or a committee, you get the benefit of that same insurance coverage.

Protection 5: You can educate yourself as others here have done.

Protection 6: You can move to a community with a better run HOA or none at all.


Sikubali jukumu. Read all posts at your own risk.
DanielF5
(Louisiana)

Posts:4


06/05/2019 7:48 AM  
I know as fact that in Florida and in Louisiana, H.O.A. Members "do not" have the same protection as does the H.O.A.. When H.O.A. Members do not follow their H.O.A. legally binding contract, Florida and Louisiana H.O.A. laws allow them to place a lean on the property. When an H.O.A. does not provide the services for which it has been contracted under and has been paid a financial assessment / fund / dues by the H.O.A. Members to preform these services, the H.O.A has breached the contract, committed a fraud and actually committed "thief by deceit", because it failed to provide the legally binding contracted services stated within the H.O.A. contract, declarations, by-laws, etc. At this moment the legally binding contract "does not" provide the "same protections" to the H.O.A. Members as it does for the H.O.A.! Yes you can sue the H.O.A., using your own monies, while the H.O.A. will use the collected H.O.A. Member assessments / funds/ dues, to pay for a law firm to create billable hours, paid with monies given by the H.O.A. to fight the H.O.A Members! This act afforded the H.O.A. in legally binding contract, clearly "is not the same protection for members as it is for the H.O.A." !
DanielF5
(Louisiana)

Posts:4


06/05/2019 7:59 AM  
1. you can not vote for board members "if" the developer has never allowed such voting process in over 13 years.
2. can not run for a board which does not exist and has not for over 13 years.
3. again, there is no board nor committee, other than the developer and their own business LLC board.
4. IQ and EQ are elevated
5. IQ and EQ are elevated
6. not willing to just follow and allow, corruption / criminal non profit fleecing must be stopped, corrections must be made!
NpS
(Pennsylvania)

Posts:3658


06/05/2019 8:57 AM  
Posted By DanielF5 on 06/05/2019 7:59 AM
1. you can not vote for board members "if" the developer has never allowed such voting process in over 13 years.
2. can not run for a board which does not exist and has not for over 13 years.
3. again, there is no board nor committee, other than the developer and their own business LLC board.
4. IQ and EQ are elevated
5. IQ and EQ are elevated
6. not willing to just follow and allow, corruption / criminal non profit fleecing must be stopped, corrections must be made!




Ahh, a new tidbit. You are still under developer control.

That's a situation that would make me very uncomfortable too.

So why don't you provide us with some details about the turnover rules in you docs? You might get some feedback on what's really at the core of your problems.

Sikubali jukumu. Read all posts at your own risk.
AugustinD


Posts:1905


06/05/2019 10:10 AM  
Posted By DanielF5 on 06/05/2019 7:48 AM
When H.O.A. Members do not follow their H.O.A. legally binding contract, Florida and Louisiana H.O.A. laws allow them to place a [lien] on the property.



Louisiana statute RS 9:1141.9 allows a HOA to place a lien only for non-payment of assessments. So a member having, say, a vehicle unlawfully parked on her or his lot, who is then fined by the HOA for the unlawful parking, may not be liened for the fine.

I agree with what the others above posted. To this I add:

-- Louisiana statute RS 9:3198 requires that the seller of a home disclose (a) whether any covenants are applicable to the home; and (b) how to obtain a copy of these covenants. If a buyer is subsequently unhappy with the setup of the HOA, then I think she or he has to bear some of the blame. Else upon purchase of the home, the buyer has entered into a contract with a corporation.

--You complain that a member does not have the same resources as the corporation. This is a fact whenever one enters into a contract with any corporation. E.g. want to sue your local electric utility for turning off service for a week? Lawyer up, and rest assured the electric utility has way more resources than you do.

-- I sympathize, as I have been around the block with HOAs and condos, both on their boards and as a member. Amateur, typically not-studied volunteer board directors walk all over members all the time, unlawfully denying records; unlawfully failing to maintain infrastructure; unlawfully denying members the free enjoyment of their property (within the specs of the covenants); breaking the law and worse. But given that one signed a contract at the outset agreeing to the covenants, I feel one has to take responsibility when things do not go quite as hoped. A HOA member does have recourse.


JohnC46
(South Carolina)

Posts:8650


06/05/2019 2:25 PM  
In SC we can lien for fines and assessments. We cannot foreclose for unpaid fines but we can foreclose for unpaid assessments.
PaulJ6
(New York)

Posts:273


06/05/2019 3:38 PM  
Posted By DouglasK1 on 06/04/2019 10:57 AM
The members have the same protections that contract law provides to all parties. They can sue if they feel the contract is being breached.




Correct. I have done that. Members can also sue for any other reasons that the law allows (tortious acts by the HOA, etc.).
GenoS
(Florida)

Posts:3177


06/05/2019 6:47 PM  
It's called a "lien".
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