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Subject: Suing your HOA is suing yourself and your neighbors
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Author Messages
JonD1


Posts:0


01/17/2013 6:59 AM  
Posted By FredB4 on 01/17/2013 5:54 AM
Mike ... your posts are good for a laugh if nothing else.




Fred to a point listening to Mike go on and on about his crusade is entertaining however at some point I have to consider the damage he has done, is doing and might cuase against the property and theother property owners.

Mike never bothered to mention this is in fact his second suit against his property and fourth legal issue with his property. Just what was the cost to his property? Who paid and what was the cost?

As has been mentioned pending litigation can and does have a negative affect on finding financing whether the lawsuit has any real merit or not.

So you have the cost, the damage to those buying, selling, refinancing.

Then you have Mike's goal of stripping the HOA's ability to issue fines.
Anyone wih common sesne or that has served on a BOard would know this would be damaging to the property. What recourse would the property hen have to conrol the behavior of problematic residents? Mike can't think that deeply because this fight for him is abou honoring his Father who fough in the Korean War.

So YES Mike certainly is good for a laugh. But as I have said Mike is the poster child for anti-HOA zealots who see nothing positive about HOAs their Boards, the individual members of those Boards,the efforts by HOA Boards to improve and protect their properties, Mike is blind to any of this that most of us see every day.



FredB4
(Ohio)

Posts:375


01/17/2013 7:56 AM  
Jon ... you are absolutly right and I shouldn't make light about something that serious. This type of thing does indeed have a negative effect on the HOA and all owners including himself. He obviously doesn't care and wants to be the problem rather than the solution.
MelissaP1
(Alabama)

Posts:10521


01/17/2013 7:57 AM  
You know what is funny? My HOA never ever issued fines! We had the power to do so and it was written in our documentation to do so. However, it just stated we had the power to fine but did NOT define what for. Hence why most HOA's have the ability to levy fines but no definition/schedule of what is considered a fineable action.

I had to explain this to my membership when they wanted us to enforce people certain issues. Example: We continuisly had an issue with people blocking the way of the garbage pickup truck to dump our dumpster. Many wanted us to pass the charges of the missed delivery onto the violator. Our documents allowed us to fine but it wasn't documented that blocking dumpters was a violation. That is an area that needed to be added to the by-laws. Which took a 75% of the entire membership to change.

Fines work much like speeding tickets work for the city. They are NOT a source of income and only to be used to enforce compliance with the law. So a HOA issuing fines does so as a way to enforce rules in the contract that all owners agreed to abide by. How else do you get the message through or enforce rules if there are not punitive methods available?

I never had to levy a fine against anyone in my HOA ever. Was their violators or rules broken? Sure were. Did they get fixed? Most of them did. How? It depended on the situation. Most of the time a simple letter stating the violation was sent out by me (HOA) and fixed. Peer pressure helped as well as no one liked being talked about either. We did it as a community like HOA's should be when it came to most violations. Non-payment of dues was a different story...

Former HOA President
TimB4
(Virginia)

Posts:17766


01/17/2013 8:03 AM  
Posted By MelissaP1 on 01/17/2013 7:57 AM
You know what is funny? My HOA never ever issued fines!




Same for our Association.

In over 30 years of operation our records indicate zero fines for violations as the violation was always remedied prior to the implementation of a fine.
JonD1


Posts:0


01/17/2013 11:31 AM  
Posted By FredB4 on 01/17/2013 7:56 AM
Jon ... you are absolutly right and I shouldn't make light about something that serious. This type of thing does indeed have a negative effect on the HOA and all owners including himself. He obviously doesn't care and wants to be the problem rather than the solution.





Hey Fred lets not get crazy now sure you can make fun of him that is what clowns do in this world. Make other people laugh. Now if this case rather than laughing with him I have to admit I laugh a him. But also consider there is a serious side to dealing with yo-yos like Mike.

Understanding some people have the need to get along and make nice nice I am no one of those folks. Mike is full of hot air. I cannot determine whether his suit has merit because none of us know the details with the exception of the information MIKE has provided. I would not base any opinion on the facts Mike provides. He lives in a world of make believe.

Someone is paying th legal costs. Property or insurance. The cost comes back to the property owners.

Mike is incapable of seeing or understanding any of his so I don't bother wasting my time talking sense to him. He thinks this is about honoring his Father. Protecting the Constiution and most importaly proving to everyone he is a real man. Sad when HOA issues become the support you need to prove your own selfworth.

So I will sit back and wait for the courts in Ma. to decide or simply reject the case. As I have told Mike his case affects me zero. Will it change HOA laws in Ma.??? I doubt it. Will Mike "slap down" anyone??? Only in his imagination. Will he destroy the Board members? More than likely not. Will fines be prohibited??? I have no clue because I don't believe any version of what Mike offers as fact.

Mike has had 10 years of this and must be some delight to be around. Google Mike Reardon HOAs seems Mike has taken the time to post his nonsense on any site, to any blog, after any discussion with the belief that more crazy talk serves his agenda. All quantity versus quality for Mike. Yes his family must be oh so proud. Mike and his life or death battle with an HOA...................

No doubt books will be written about him and small kids will chant his name. Millions of them....

WONDER IF mIKE HAS FOUND A NEW WORD FOR TODAY????
OR WILL WE GET MORE OF THIS???

QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS QUISLINGS
and more QUISLINGS






JohnC46
(South Carolina)

Posts:11507


01/17/2013 12:23 PM  
Jon

I said earlier I think Mike is someone that needs his meds balanced so I avoided the whole conversation. You cannot reason with a crazy unless in agreement with them....LOL

The term was coined by the British newspaper The Times in an editorial published on 19 April 1940, entitled "Quislings everywhere" after the Norwegian Vidkun Quisling, who assisted Nazi Germany as it conquered his own country so that he could rule the collaborationist Norwegian government himself.

The Daily Mail picked up the term four days later, and the BBC then brought it into common use internationally. The Times' editorial asserted: "To writers, the word Quisling is a gift from the gods. If they had been ordered to invent a new word for traitor... they could hardly have hit upon a more brilliant combination of letters. Aurally it contrives to suggest something at once slippery and tortuous."



FredB4
(Ohio)

Posts:375


01/17/2013 12:58 PM  
Yes. With all the talk of fining I think most don't actually fine that many owners. We do send a letter notifying the owner of any violation and it usually solves the problem.
Usually it is the owner who simply refuses to follow the rules they agreed to when they purchased in the association and is determined to do as they please regardlesss of how their actions affect the property or other owners who ends up getting fined.
JonD1


Posts:0


01/17/2013 2:59 PM  
Posted By JohnC46 on 01/17/2013 12:23 PM
Jon

I said earlier I think Mike is someone that needs his meds balanced so I avoided the whole conversation. You cannot reason with a crazy unless in agreement with them....LOL

The term was coined by the British newspaper The Times in an editorial published on 19 April 1940, entitled "Quislings everywhere" after the Norwegian Vidkun Quisling, who assisted Nazi Germany as it conquered his own country so that he could rule the collaborationist Norwegian government himself.

The Daily Mail picked up the term four days later, and the BBC then brought it into common use internationally. The Times' editorial asserted: "To writers, the word Quisling is a gift from the gods. If they had been ordered to invent a new word for traitor... they could hardly have hit upon a more brilliant combination of letters. Aurally it contrives to suggest something at once slippery and tortuous."







Well John I have to agree Mike is challenged. Proof being the repeated same words and phrases all in the belief it adds support to his argument.
I have gone through his endless posts repeaing his same points, telling his same stories (leaving out the part when he lost in court and failed to have his laws passed) and attacking everyone who now serves or has ever served on any HOA Board. Now what would Mike do if lets say some Board member, has to be at least one is a service veteran??? Would they be quisling traitors too? Mike's beliefs and stories are full of holes.
Yes HOA Board members must be aiding the Nazi cause huh??? All of them.

And Mike can't even pretend to act in a rational manner with all the slap down, bitch slap, civil rights, Korean War, protecting the Constitution, honoring those who have served in the armed forces and issuing beatdowns. Rule one for crazy people try no to come across as being crazy.

Any wonder why Mike finds himself having issues? Any reason to think he is not most of the cause? His attitude, limitations, and closemindedness
makes dealing with him and those like him impossible.

Have a good weekend John.

JohnC46
(South Carolina)

Posts:11507


01/17/2013 5:31 PM  
My suggestions with Mike is leave him alone. Do not rise to the occasion and he will go away.
MikeR15
(Massachusetts)

Posts:389


07/04/2013 6:37 AM  
What a thread!

Populated by nasty old folks who see nothing wrong with going around lurching at their neighbors (when they are not outright stealing from the HOA till).

Suing your HOA into non-existance (see the Farran case in Virginia)
is probably best thing you can do for your community and neighbors.

God awful for the "service providers" who make their living reaching into our pockets and equity however......

And of course those nasty old folks who are left being only the irrelevant dopes we all avoid.
GlenL
(Ohio)

Posts:5491


07/04/2013 7:32 AM  
Looks like Capt. Mike has gone of his meds again.

Studies show that 5 out of 4 people have problems with fractions
MikeR15
(Massachusetts)

Posts:389


07/04/2013 7:40 AM  
Oh come on....you must realize what a joke these HOAs are!

Do you read the news at all?

How much stealing and corruption do we have to put up with anyway?
MelissaP1
(Alabama)

Posts:10521


07/04/2013 10:50 AM  
What a joke a HOA is... Mmm... Let me see if I find this at all funny... The idea of owners in an small land area sharing equally in the cost of that land maintenance, care, promotion, and amenities. As someone who owns a home outside of a HOA, I miss the HOA concept.

See in my HOA, we had lawncare, garbage pickup (dumpsters), recycling, a clubhouse, pool, insurance, and some maintenance programs. All of which cost only $50 a month. I never had to own a lawnmower, had to put my garbage out to the curb, could hold a party for friends for $20, and have access to a swimming pool. Plus there were rules in place that would keep my HOA ATTRACTIVE to future homebuyers so I could easily sell my house. Which by the way, we sold a house within 6 hours of going on the market! Others after the bubble burst may have taken a month depending on condition/size.

Now my non-HOA home. There are no rules to keep homes in line of being neat. We have a home who has junk spread out all over the front porch and yard. It is an eyesore. Nothing can be done about it and nobody wants to move across the street from it. I have pay for lawncare at $40 every 2 weeks! If I don't have to mow it myself. My garbage pickup is $13 a month. I have no pool or access to one. There is no clubhouse to rent to have parties outside the house. There is also no control/punishment except going to the city to request anyone who puts junk or does not mow their yard to do something.

You make where you live the way you want it to be. If you want it to be full of "conspiracy" and politically corrupt as you perceive it to be. It is a reflection of you not of the people. If it was a reflection of you, those people would not be in office and you would be or people you wanted. So shut up and put up with what you created and perceive when your in a HOA. You have a vote and have the right to be voted for. If not, then your part of the problem not the solution.

Former HOA President
MikeR15
(Massachusetts)

Posts:389


07/04/2013 11:11 AM  
HOAs would work if there were laws (enforced by the Attorney General)
that covered:

Elections

Ballots

Meetings

Currently there are none. Our elections are an excercise in manipulation and deceit.
Our board actualy recorded the fraudulent manipulation of the ballots in their own minutes.
Their "meetings" are such manipulative kangaroo affairs that nobody will waste their time at them (no open meeting law).
The content of the "newsletter" is more controled than Pravda ever was...
.
The money!

We just found out that board members have credit cards! Never disclosed on any financials!

The association attorney could care less about any law, except the one that puts money in his pocket.

It is a nasty joke on property owning Americans, and surly one which will not survive much longer.

We pay our taxes for nothing, and must pay again for the upkeep, repair and replacement of roads, infrastructure ect.

A monumentally stupid system that enriches the "service providers" to these places at our expense.

The ONLY folks who like it, are board members who have access to the money, credit cards, lawyer ect without paying a dime out of their own pockets, strangely immune to the "grass" police ect.

The most sociopathic if not downright criminal personalities are the most likely to claw their way to power in these things.

And then "stay" in power by cheating on elections ect. (see above absence of any law or enforcement of existing law)

That is what I mean by a "joke on us all".

FredB4
(Ohio)

Posts:375


07/04/2013 11:21 AM  
I can't believe that you are responding to Mike again. It is unfortunate that he had a bad experience with his HOA and chose to become an un-rational part of the problem rather than a part of the solution.

Melissa is right, there is a reason millions of people live in communities that have HOA's and COA's. Many towns, villages and cities also have very strict codes and enforcement policies as well and it is for the same reason.

I have been on my board for over five years and I can't imagine what this community would look like if everyone did just what they pleased. Unfortunately,too many people now have no consideration or regard for their neighbors or their community.
MelissaP1
(Alabama)

Posts:10521


07/04/2013 11:46 AM  
MikeR?? We had a SAM's club card for our HOA. One for me and another board member/clubhouse chair. We also had 1 credit card for the HOA. This doe NOT need reported in the financials because the money spent with these are. Ever think of that? Do you know a thing about accounting? My sam's club purchases for HOA supplies like "paper towels or notebooks" were indeed on the financial reports. They may even stated my reimbursement for them. Which is approved if using my own personal funds. For which I submitted a receipt for that anyone could view even if I additionally bought tampons that day. Circled on the receipt was the items bought exclusively for the HOA out of my personal funds.

Board members can have HOA credit cards in the HOA name. That is because why should they spend their personal money on HOA items? Even though it was agreed for me to be reimbursed for clubhouse supplies as I was on the HOA clubhouse committee, other expenses needed to come straight out of the HOA funds. Having the credit care assured the money was out of the HOA and NOT my personal pocket. Which approval to use the credit card on items had to be approved prior to the purchase. If not, then that board member had to eat the cost. We bought pool umbrella's or furniture with our credit card. Do you think I should have paid for it out of my pocket? No way!

You have no idea of how to run a HOA at all. It is NOT the way you have it in your head that is for sure. What you call "unfair/not right" isn't much different than what you do in your own home. The HOA's money is everyone's money. It's like leaving your checkbook on the dining room table and having your WHOLE family decide what you spend your money on. Don't you think your kids want a new Xbox with that money and think your cruel/unfair you spent it on a new lawnmower? Really you need to get educated.

Former HOA President
FredB4
(Ohio)

Posts:375


07/05/2013 5:21 AM  
Unfortunately many owners,unless they have served on the board (even some of them), have no idea how complex a job it is run an HOA. Most have no interest in learning and only want to complain if things aren't being done the way they think it should be, even though they have no idea how it needs to be done or what rules and restrictions need to be followed all on a volunteer basis.

If Mike had spent half the time learning about what is involved and working to make changes instead of filing frivolous law suits he would be much happier... or maybe not, because he has a personal crusade and that seems to make him happy. Too bad some people (see above) might actually take him seriously even if the courts don't.
MikeR15
(Massachusetts)

Posts:389


07/05/2013 5:59 AM  
there is nothing frivolous about suing an organziation that is blatently ripping you and your neighbors off.

I am sure you would do the same thing.

I am going further and attempting to strip from MA HOAs most of the power they have today.

Fines.....a governmental power that should never be delegated to some cheesy private organization

Unilateral changes to the CCRs....a joke. This is boilerplate provision in virtually every state that has HOA law.

Only a vote of homeowners should be allowed to make such significant changes to the "contract" we all signed.

The Board here refuses to give up this power....and in consideration of them....probably due to their abject ignorance of the law.

More and more folks are telling realtors....NO HOA!!!!

They are becoming a joke in real estate ownership and help none of us (except the occasional board member who steals hundreds of thousands of dollars from the HOA til that is)
MelissaP1
(Alabama)

Posts:10521


07/05/2013 6:13 AM  
Yeah a HOA should not have the power to fine so they can enforce the very rules you want them enforce. How does one make an owner in violation of following the rules if you take away the recourse of enforcement? Gee, I am going to hug you till you fix that violation of the CC&R's?

We never fined in my HOA but would not take that option away from any other HOA that ability. Seems that someone wants to live free and not live by the rules but have rules/laws in place to assure they can do that. You can't have it both ways...

Former HOA President
FredB4
(Ohio)

Posts:375


07/05/2013 11:05 AM  
We only fine when we absolutely have to and when nothing else works. If Mike has a better solution to get owners to follow the bylaws and rules that they agreed to follow ... please let us know.
MikeR15
(Massachusetts)

Posts:389


07/05/2013 6:24 PM  
If you run the risk of forfeiting your property to pay some fine...

Then many due process procedures must be met. The Constitution requires it.

This power is a governmental power and should never be delegated to a private entity.

And real due process procedure can only be realisticaly met in our courts.



JoyceN1
(California)

Posts:90


05/02/2018 4:38 PM  
Moved into a gated POA community in 1986 in California, shortly after the piggyback loan was to come due and we were to get a mortgage we were told by several companies that due to two lawsuits against the POA we couldn't get a mortgage. Eventually a broker found a mortgage for us, but this does occur.
GenoS
(Florida)

Posts:4276


05/02/2018 9:06 PM  
Joyce, this thread is 5 years old. Glad I noticed that before getting sucked in to the folderol being dished out toward the beginning.
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