US

Legal? Florida HOA Evicts Owner’s Tenant, Changes Locks and Rents It Out

Florida Homeowners Association Takes Possession of Owners Home and Rents It Out

The Tampa Tribune reports for now this is as close Joanne McCarn can stand to her own home. (Photo: Michael Egger/Tampa Tribune

Joanne McCarn’s home in Wesley Chapel, Fla., is not foreclosed. She owns it and had rented it to a single mother of five children. According to the Tampa Tribune, though, the homeowners association has been walking a “tricky legal path” that led it to evict the tenant after the mother would not pay her rent to the HOA instead of McCarn. The association then moved in their own tenant and has been collecting the rent itself.

“This is not a foreclosed house,” McCarn said. “This is still my house.”

The Tribune reports it all started when the Bridgewater Community Association imposed a lien on McCarn in 2009, which she had not paid. McCarn said she did miss one HOA payment of $225 after her mother died, which she is willing to pay, but the lien is for more than $2,000. The Tribune states the lien amount includes “special assessments” and other fees that include legal costs and a $500 rental fee. McCarn states she and her husband tried to remedy the situation with the HOA President Mark Spector but were thrown off his property.

The original renter was later given 24 hours to leave the property. McCarn was then informed by a neighbor when a U-Haul pulled up and a new renter moved in. Watch the local news report for more, including background on other issues homeowners have had with this specific HOA before:

The Tribune has more on the legal issues surrounding this practice:

“Taking possession of the property and renting the unit out, that part is not something afforded by the law,” said Ben Solomon, a south Florida-based homeowners association lawyer.

[...]

The association did persuade a judge to issue an eviction order for McCarn’s tenant and order a receiver appointed to manage the property.

In Solomon’s view, that doesn’t make it right — or legal. It’s more a measure of how complicated the housing bust has grown.

“Judges rely on what rights attorneys tell them their clients are afforded under the law,” Solomon said. “If there‘s no attorney on the other side to argue that it’s wrong, the judge most often takes the word of the attorney and grants the motion. Plus, these judges hearing these cases usually are not experts in real estate law.”

So, even while the eviction itself may be legal because McCarn hadn’t paid the lien. Solomon said this is not grounds to change locks or move in a new tenant. The Tribune states McCarn will be taking this case to court.

This story has been updated since its original posting. We referenced the Tampa Bay Tribune but it is in fact called the Tampa Tribune. 

[H/T Blaze reader Susan H.]

Comments (277)

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  • tbb
    Posted on April 30, 2012 at 10:02am

    HOA’s are as evil as unions.

    Report Post »  
    • Cemoto78
      Posted on April 30, 2012 at 10:14am

      Exactly right. When you buy property with the caveat where an association can dictate what you can and cannot do with your property, what else would you expect.

      Report Post » Cemoto78  
    • ozchambers
      Posted on April 30, 2012 at 10:31am

      Sic Semper Tyrannus

      Report Post » ozchambers  
    • @leftfighter
      Posted on April 30, 2012 at 10:37am

      Agree. They should be outlawed.

      Report Post » @leftfighter  
    • jcldwl
      Posted on April 30, 2012 at 11:05am

      Couldn’t agree more. I have tried to make my Dad understand that he is living under fascist rule in the HOA he lives in down in Florida. It amazes me how all the people that move to Florida to keep from paying any state income tax, don’t think a thing about living under the fascist rule of an HOA. Of course most of them not all but most of them vote Democrat anyway so they obviously like living under the laws and rules created by the left. The left being the Socialists, Fascists, and Communists. HOA’s are for Sheople.

      Report Post » jcldwl  
    • sWampy
      Posted on April 30, 2012 at 11:24am

      Florida has some of the worst real estate laws in the nation. The timeshare scams they let unsuspecting people get hooked on are awful. They get people to “purchase” a week or less use of a property, for often 1/10 the total value of the property, and then charge them “maintenance fees” equal to the cost of renting the property for a week.

      Report Post »  
    • ChildOfTheKing
      Posted on April 30, 2012 at 11:27am

      That is what courts are for. Seems to me that this lady who rented her house out, HAS A LEGAL STANDING and should SUE THE HOA for millions. That will make them stop and think. I am so disgusted by men and women who bully others for their own gain or just to be mean. It is time to turn the tide on evil people. TAKE IT TO COURT ALL THE WAY TO THE SUPREME COURT, IF YOU HAVE TO. I am positive this lady will get a huge following and tons of contributions to aid her defense, just like Zimmerman did – another guy who is innocent.

      Report Post » ChildOfTheKing  
    • hidden_lion
      Posted on April 30, 2012 at 11:27am

      burn it down….that would the problem. HOA’s are for communists. There is no place worth buying that is controlled by an HOA.

      Report Post » hidden_lion  
    • Redwood Elf
      Posted on April 30, 2012 at 11:38am

      The Socialist agenda marches on…Property rights? What property rights?

      Report Post » Redwood Elf  
    • Tom K
      Posted on April 30, 2012 at 11:57am

      Home Owners Associations are not really FOR the individual homeowner. Sure they claim that they keep property values up with high standards for neighborhood appearance, etc. H.O.A.’s that have authoritarian Hitler-wanna-be board members are little Comminist enclaves. I would NEVER live in a neighborhood with a H.O.A. Most are anti-freedom. Property values are DOWN even in areas that have H.O.A. How is that “ Hope and change ” working for you ? This ladie’s home has been invaded and STOLEN !

      Report Post »  
    • AxelPhantom
      Posted on April 30, 2012 at 12:06pm

      After getting a taste of HOA in Florida, when we moved to Texas my #1 requirement for the realtor was NO HOA.

      When you have people telling you that you cannot plant flowers in your front yard because they were not “approved” plants……. or sitting in a car parked outside with a note pad, taking notes house by house, that in their opinion, your roof needs pressure washing, you need to water your lawn more often (in the middle of a drought) and that a soccer ball was left in a side yard or a bike was visibly parked in the driveway, with the expressed intention of “writing you up” things are out of control.

      Report Post »  
    • COFemale
      Posted on April 30, 2012 at 12:13pm

      jcldwl Hmmm. My friend, a retired Air Force CMSGT, a Republican, is the Association President of his Association. So your are “they are all Democrats” is flawed thinking.

      It is usually Democrats who don’t want to follow the rules; they feel they are above them. So your story about your dad, I feel is totally bogus.

      Report Post » COFemale  
    • Detroit paperboy
      Posted on April 30, 2012 at 12:23pm

      I would drag the HOA president from his house and bitch slap him into tomorrow, cuz if I’m payin legal fees , it better damn well be worth it….

      Report Post »  
    • Obama_Sham
      Posted on April 30, 2012 at 12:42pm

      “Judges rely on what rights attorneys tell them their clients are afforded under the law”

      Really?!? So, if that is the case and we are going to let attoney’s decide the rights of the individuals, then why do we have judges in the first place?!?

      Either our judges are incompetent or they are lazy…

      Report Post » Obama_Sham  
    • SgtB
      Posted on April 30, 2012 at 1:49pm

      One of the first questions I would ask my realtor when we were looking at houses is if it belonged to an HOA. If the answer was yes, I wouldn’t even look at it. If I were this woman, I’d go down to 7-eleven with a couple of 5 gallon gas cans and burn down the home of the man violating my rights and the law. Of course, I would only do this if the Sheriff had no balls and did not help out one of the members of his community which elected him to enforce the law and secure the rights of the people. Seeing as how the HOA “president” called the cops and had a homeowner kicked off of their own property, I‘d say that the Sheriff isn’t doing the job he was elected to do and he should be run out of town as well.

      And on a side note, unless you have an allodial title, you don’t even truly own your land. We need to stop county and city ownership of land and go back to allodial title. This would ensure crap like this doesn’t happen again.

      Report Post » SgtB  
    • Secret Squirrel
      Posted on April 30, 2012 at 2:11pm

      .
      I will never, ever live anywhere with a HOA.
      Give me 5 acres in the country instead.

      Report Post » Secret Squirrel  
    • zorro
      Posted on April 30, 2012 at 2:18pm

      People don‘t realize the HOA’s work for you, not the other way around. If there is not a rule you like, you can change it. Often times, HOA’s are run by a few homeowners who take the time to go to the meetings and get involved. When we began having issues with our HOA, a neighbor of ours began to mobilze the rest of us. We eventually took it over and voted to get rid of it. 4 years HOA free…

      Report Post »  
    • lukerw
      Posted on April 30, 2012 at 2:22pm

      They are… Local Fascist Groups! I even had one Bill me for Road Maintence in front of my Home… which was there only access to their SubDivision!

      Report Post » lukerw  
    • The-Monk
      Posted on April 30, 2012 at 2:37pm

      This HMO sounds like it is using the Agenda 21 handbook….

      Report Post » The-Monk  
    • iyam
      Posted on April 30, 2012 at 2:45pm

      I will say this, I am on my HOA board and it is a huge community. Property rights are important to me but so is protecting my property. If you do not want to live under HOA rules, move to a non HOA community. If you don’t like the rules get the heck out. Don’t move in an HOA, pay dues or any many causes don’t pay dues, disregard violation letters and then get all whiny when the hammer comes down.

      I live in a decently expensive neighborhood and find it just funny how people move in and then complain how they can’t afford to pay dues or keep their house up as it is required by the agreement they signed when they bought in.

      At the end of the day, there are HOA boards that are intrusive and over reaching but there are more members of an HOA that are worthless and deadbeats

      Report Post » iyam  
    • grandmaof5
      Posted on April 30, 2012 at 3:11pm

      Entitled, in their own minds, people with too much time on their hands. Neighbors in our previous neighborhood rode their bikes around and reported boats/swingsets, etc., that were 4″ above the 6′ privacy fence. Some boat owners were forced to rent a slip, by the L/F, to store their boats. When we moved we didn’t look at any homes with an HOA, and never will again. It’s like “big brother” living next door.

      Report Post »  
    • ProbIemSoIver
      Posted on April 30, 2012 at 3:18pm

      The Founding Fathers hated Democracy and thought it was the worst form of government there was.

      The minorities should be willing to fight and die for the Constitution, but they have been brainwashed.

      This brilliant individual will articulate this point succinctly, in a 3 minute video clip.
      http://www.youtube.com/watch?v=RewUP-Fdhqk

      ProbIemSoIver  
    • ProbIemSoIver
      Posted on April 30, 2012 at 3:43pm

      @ObamaSham

      Judges are just referees in a match. It is up to the players ( Plaintiffs vs.Defendants) to hit the ball into the oppositions “Court”.

      That is why a judge will tell a unrepresented individual that he can NOT give legal advice, and that they must hire an attorney for that.

      I have been studying law, and know that the after the Bankruptcy of 1933 when the Global Bankster’s
      Private Company – The FEDERAL RESERVE PRIVATE BANK, seized our Country (Corporation)
      under an international lien due to the default of the 1913 loan, that they have turned our Laws on their heads.
      http://www.youtube.com/watch?v=IlCs7u1ihws

      In 1938, 5 years after they seized our Country, the ABA (A global elite entity) brought forth Uniform Commercial Code which abrogates common law as a default.
      Commercial Code is Corporate public law based on Admiralty Jurisdiction, and Common Law is the law of the land, based on The Constitution and is Private law.

      Common law is still recognized but must be reserved and claimed prior to a court appearance.

      That is why they say ignorance of the law is no excuse. People can reserve their common law rights
      but are oblivious to this fact, and then go to trail under the default statutory jurisdiction.
      The Constitution does NOT apply under that juridiction. Signing a Contract ( Home, Car, Driver’s license, Social Security, etc.) binds you under statutory law, but you can still find some remedy and recourse.

      Report Post » ProbIemSoIver  
    • MittensKittens
      Posted on April 30, 2012 at 4:03pm

      Here’s a thought, don‘t move in a home with HOA’s…simple, just like the unions, at one they had a purpose, not anymore, perception of power is an evil way…

      Report Post » MittensKittens  
    • 4XGrace
      Posted on April 30, 2012 at 4:06pm

      HOA =Hilter Owns America …

      Report Post » 4XGrace  
    • FreedomAlwaysWins
      Posted on April 30, 2012 at 4:29pm

      I actually know someone who had their HOA count the bricks on her house. It is policy to have a certain amount of bricks. What a load of crap.

      Report Post »  
    • bigben357mag
      Posted on April 30, 2012 at 4:38pm

      burn the house down and collect the insurance!! I just saying.

      Report Post »  
    • Treaty
      Posted on April 30, 2012 at 5:28pm

      I live in a community with a HOA. I love it. They keep the place looking great. The only people that don’t like them are the deadbeats. Pay your dues on time, keep your stuff looking decent and you’ll have no problems. They keep the riff-raff out and our homes values up.

      Report Post » Treaty  
    • WeWillOvercome
      Posted on April 30, 2012 at 5:36pm

      Let a HOA come on my property or into my home. I have two little friends named 9mm and 12gauge that would love to welcome them in…..

      Report Post »  
    • cuinsong
      Posted on April 30, 2012 at 6:58pm

      Can any body say communism! What’s yours is mine now and you can’t stop me cause I have a liberal judge on my side. Any one with half a brain knows this is wrong and no judge should have sided with the HOA people. This is creeping communism at it worst. But when you have a communist in the WH this is what you get.

      Report Post » cuinsong  
    • kevinbogard
      Posted on April 30, 2012 at 7:09pm

      I’ve already had to square my HOA away….. it took an Atty. and yes I did threatened the Pres. of gthe Assoc. They can all EAT IT !!

      Report Post » kevinbogard  
    • blagoplanet
      Posted on April 30, 2012 at 7:24pm

      I should say I am shocked and surprised that the State of Florida and the Governor allows such anti American and Unconstitutional activities to take place. However, we know that Floriduh, is that way, I have heard of single mothers being put in jail for a minor traffic violation and her children taken to foster care, cost the state thousands the cost of the ticket? $17.00 Friends its time to stop this madness Vote in November, Vote because it is only through sending the message that we the people are sick and tired of idiots in office that we can make a difference.

      Report Post »  
    • Evantoo
      Posted on April 30, 2012 at 8:38pm

      Must be a few Libs don’t have roofs over their heads and have a friend whose a judge. Either that or the HOA is.

      Report Post »  
    • jnaeve
      Posted on April 30, 2012 at 8:52pm

      There are thousands of examples of just such behavior of HOA’s. People don‘t know the insidiousness of these HOA’s with their taxation without representation. I have had personal grievance with a previous HOA that nearly ended up in legal action and chose to stand down due to personal expense. This is an entity that is run by attorneys, backed by big-deep pocket developers, protected by individuals in government to protect their own interests. People laugh at me when I tell them the depth of this corruption but no one takes this seriously until one day you don’t own your home anymore because you refused to respond to nasty-grams from the HOA management company asking you to move your son’s broken down car off the driveway. I know of examples in San Antonio Texas where a retired elderly widow who had recently lost her husband, had been dealing with his death and not able to handle the paperwork, overlooked these nasty-grams and was evicted, her life’s belongings thrown out onto the street all because she overlooked these letters. She had since been restored to her home but the damage had already been done… This ISN‘T my Father’s America!

      Report Post » jnaeve  
    • Smoovious
      Posted on April 30, 2012 at 8:56pm

      Just what would give the HOA power over me anyways?

      Say I buy a house somewhere, how do I end up falling under the jurisdiction of a HOA?

      Do they have some kind of governmental power?
      Isn’t this a contract I have to willingly enter into with them, separately from my purchase of the land/home?

      Sounds like it might as well be a gated community.

      If I’m spending a lot of money to buy my own land and my own home, what the hell gives them any right to tell me how to live on my property?

      – Smoov

      Report Post » Smoovious  
    • ahull15
      Posted on April 30, 2012 at 9:15pm

      It depends on the HOA. I have rental properties in HOA’s and they keep the neighborhoods nice and the rental rates up. I’ll take an OK house in an HOA rather than a NICE house in a crappy neighborhood any day.

      Report Post »  
    • wdittgasn
      Posted on April 30, 2012 at 9:27pm

      I know some people that bought into an HOA, and all I got from them was consternation at what they had to put up with!! and all I could say was, damn did you not know what you were getting into??

      Report Post » wdittgasn  
    • wdittgasn
      Posted on April 30, 2012 at 9:33pm

      COFEMALE
      Posted on April 30, 2012 at 12:13pm
      My friends are all Democrats

      It is usually Democrats who don’t want to follow the rules; they feel they are above them. .

      Report Post » wdittgasn  
    • wdittgasn
      Posted on April 30, 2012 at 9:51pm

      SGTB, ….You are so right!!……..Every other thing I buy IS MINE!!!…….BUT land is NEVER yours the way it is now…….How can that be??…….WE have been set up for failure long ago…….I do not have to keep paying TAX on the stereo I bought……..or the loaf of bread……..Why on land……..Should it not be the same???

      Report Post » wdittgasn  
    • ICRedifURBlue
      Posted on April 30, 2012 at 10:15pm

      If that was my house, HOA board members would be “Mysteriously” coming to the end of their lives…….

      Report Post »  
    • Victoriajensen
      Posted on April 30, 2012 at 10:24pm

      I agree, however they should have never bought a house in a area that has HOAs I never would.

      Report Post » Victoriajensen  
    • Bluefish49
      Posted on April 30, 2012 at 10:39pm

      I just sold a house that my HOA had a lien on. I refused to pay my due’s because the major builder in the sub-division was allowed to have a house he filed bankruptcey on boarded up and let go to s$%t. He was then allowed to start building more houses in the neiborhood. The new buyer really wanted my home and paid the $5000 lein off.

      Report Post »  
    • rawmilker
      Posted on May 1, 2012 at 12:37am

      I would be arresting me some HOA officers

      Report Post » rawmilker  
    • PaxInVeritate
      Posted on May 1, 2012 at 2:13am

      “Judges rely on what rights attorneys tell them their clients are afforded under the law,” Solomon said. “If there‘s no attorney on the other side to argue that it’s wrong, the judge most often takes the word of the attorney and grants the motion. Plus, these judges hearing these cases usually are not experts in real estate law.”

      So in essence the judges are hand puppets. Do the judges pay for a rectal exam while the lawyer’s hand is up his backside too?

      Report Post » PaxInVeritate  
    • dimitrisokolov
      Posted on May 1, 2012 at 10:27am

      An HOA can be bad, but neighborhoods with HOAs have better property values. You have to keep up the appearance of your home. Do HOAs sometimes go too far? Sure they do. But that is why you get on the HOA committee. People run the HOA. Usually most people don’t bother to get involved and you end up with an HOA run by little Nazis instead of being run with common sense. On the other hand, you have to keep your home up. This lady missed one payment and they put a lien? Unlikely. I’ve missed HOA payments before ( a few months actually ) but I paid and everything was fine. In many HOA communities, you can’t even rent out your home so this lady is lucky.

      Report Post »  
    • sixtysix
      Posted on May 1, 2012 at 10:36am

      HOAs have taken their marching orders from the leftist liberals who believe everything an individual owns belongs to whomever can take it.

      Report Post »  
  • objectivetruth
    Posted on April 30, 2012 at 10:01am

    This is beyond insane.Its a viiolation of everyones rights.Why are the HOAs allowed to exist?The days of it being about property values and historic preservation as fronts are long gone.Its all about extreme control and non justice.It only serves to protect the tyrants.I know my state clamped down on them and made emminent domain as a clause hard to use.Thank God.Looks like the rest of the country needs to follow suit.,
    Since it seems that the HOA is violating property managemnet laws[stepping over their bounds into a managements realty capacity]can they be charged with that as a crime?

    Report Post »  
    • Dishevel
      Posted on April 30, 2012 at 10:45am

      HOA’s are allowed to exist because some people thing that they want them. They believe that the HOA is of a benefit to them.
      No reason to make them illegal. If stupid people want to “buy” a home that is really controlled by an HOA then let them. No skin off my back.

      Report Post »  
    • NealPatrick
      Posted on April 30, 2012 at 11:00am

      “If stupid people want to “buy” a home that is really controlled by an HOA then let them.” Derp, I’m a stupid person……. because the home I wanted is in a neighborhood that has a HOA. Some of us are not stupid, rather we have weighed the risks and you either buy the home knowing it has an HOA or walk away. Stupid is buying a home in an area with a HOA and then expecting it not to enforce every little thing it can.

      Report Post »  
    • gperky
      Posted on April 30, 2012 at 11:23am

      HOAs are a good thing when you have a $500K house and a neighbor decides he wants to jack his car up in the front yard to rebuild his clunker. It also forces people that are lazy about keeping their yards in a good condition. We had a neighbor that refused to mow but once a year! Of course, most of the yard had been taken over by weeds as high as the hedges. However, when they get to the point that they can forclose and take over, they have gone too far. If you belong to an HOA, you need to be involved as much as possible.

      Report Post » gperky  
    • SgtB
      Posted on April 30, 2012 at 1:58pm

      @ GPerky, So what you are saying is that if you have the means to buy a large house and pay for someone else to do all of your yard work and vehicle restoration, then you should have the ability to force the people around you to do the same? Sounds alot like you are an R-tard if you ask me. If I want to restore my 1st car in my driveway, then I’m gonna do it. I really don’t give a damn what you think of a 72 lemans being taken down to the frame and put back together over the time it takes me to do it. I’m not hurting you and you know it. No one told you to turn your home into an investment portfolio and even in the best investment, there are no guarantees of return or even principle retention. If you ever tried to tell me what to do with my home, I’d slam my door in your face after giving you an ear full of verbal assault. If you ever came back, you would leave in a black bag with a zipper. I have neighbors with crappy yards, and I might think ill of them. But damn it, it is their yard and they paid for it just like I paid for mine. If you can‘t deal with the fact that you don’t and shouldn’t have control over how everyone else lives, then move away from the US to a country where they like you telling them what to do.

      Report Post » SgtB  
    • zorro
      Posted on April 30, 2012 at 2:29pm

      I see your point GPERKY but most of those things are alredy covered by city laws. For example, if a neighbor doesn’t mow his\her lawn, you can call the city and say it’s a hazard. Same if your neighbor is throwing oil on the ground or what-have-you. Personally, that kind of stuff doesn‘t bother me but I’ll admit I have pretty good neighbors. I did have a neighbor accross the street that got really angry the guy in the corner kept parking 2 of his cars in the street. He drives a truck and always had trouble turning there. Often times, he’d have to go all the way around to come in through the other side of the street because his truck (of average size) was too big to drive through there. In other words, the streets was blocked. It‘s a narrow street and the city law states you can’t park there overnight. They kept doing it until they got towed. Problem solved. No HOA needed.

      Report Post »  
    • mitchrx7
      Posted on April 30, 2012 at 3:59pm

      tbb
      Posted on April 30, 2012 at 10:02am

      HOA’s are as evil as unions.

      Cemoto78
      Posted on April 30, 2012 at 10:14am

      Exactly right. When you buy property with the caveat where an association can dictate what you can and cannot do with your property, what else would you expect.

      HOA s are socialist by their nature. It is just like insurance. Take from all for one, and take from one for all. PURE GARBAGE forcing all to the lowest common denominator and restricting liberty.
      THE SAD THING IS… IT”S THE SAME WHEN YOU BUY A HOUSE. You must pay to rant the town land (property tax) you have to beg and cajole some loser board members to do what you want TO YOUR home and property. WHY???? FOR THE COMMON GOOD!!! SOCIALISM in ALL it’s forms are liberty destroying.

      Report Post »  
  • term limits for congress
    Posted on April 30, 2012 at 9:59am

    It is an HOA trick that was enabled by our brilliant government. To protect renters from being kicked out during a foreclosure, the government says they get to stay for up to one year as long as they have a lease. So, the HOA wants “their” renter in the house because all of the rent goes straight to the HOA’s coffers (owner gets nothing). Since the owner missed one HOA payment, the HOA runs straight to the court house and says they are (the HOA) is foreclosing.

    When you see a Florida forclosure where the judgement amount is ~$3k and the house is worth $200k, it is one of these HOA scams. The HOA is betting that they can get a year’s worth of rent out of it before it goes back to the owner or to the mortgage company.

    Report Post »  
    • Beckofile
      Posted on April 30, 2012 at 11:55am

      If you are still the owner could you remove the Electric meter, gas meter and cap off all utilities to the house rendering it impossible to rent? Or have you lost all rights to your own property?

      Report Post » Beckofile  
    • COFemale
      Posted on April 30, 2012 at 12:22pm

      Once it goes into receivership she is not longer the owner. It is no different than a mortgage company taking over for failure to pay the mortgage. You Liberals on here whining that the Association can’t do this, might want to read up on the state laws on Associations.

      Harsh action, absolutely. This did not happen over one missed payment. This has been going on for probably a year or more. The woman chose to ignore the Association. What are they suppose to do and say when she refuses to pay? She racked up late fees and legal fees to boot. Again, she made her bed and now suffers the consequences.

      Report Post » COFemale  
    • term limits for congress
      Posted on April 30, 2012 at 2:12pm

      In my part of FL, a lot of HOA’s have lawyers living in the community. The HOA utilizes these lawyers and often file their foreclosure claim after only 3 months of missed fees. The lawyers, of course, are entitled to fair compensation for thier time. Even if the homeowner is willing to pay the back fees and lawyer fees, the HOA refuses. They want the rent $ from a renter with a long-term lease.

      The mortgage company or the [ex]homeowner may get the house back, but cannot take posession until the long-term renter leaves.

      Anyone can bid on these HOA foreclosures, but is usually just the HOA bidding. They’re gambling that they can keep the unit long enough to make some money. They’re usually right. It is taking mortage companies 1+ years to make their claim on the unit.

      Unethical, but legal. Moral of the story – if your unit has value, pay your fees before paying anything else.

      Report Post »  
    • valeriemb63
      Posted on April 30, 2012 at 2:27pm

      Great idea beckofile!! Who is actually paying the mortgage payment to the mortgage company? and if she owed 2000…isn’t this now paid via the rent money the association has collected thus far?

      Report Post »  
  • LameLiberals
    Posted on April 30, 2012 at 9:58am

    The Obama/Left would like everyone to be under a one big government HOA.

    Report Post »  
  • LameLiberals
    Posted on April 30, 2012 at 9:58am

    “Taking possession of the property and renting the unit out, that part is not something afforded by the law,
    ____
    So the homeowners association is doing the same thing it accuses the home owner of doing.

    Soviet Union !!!!!!!!!!!!!!!

    Report Post »  
  • grimmy
    Posted on April 30, 2012 at 9:55am

    I once had a hoa try to force me to join,( the hoa was never mentioned in any of the paper work i sign at closing on my first house). When the guy told me i had to sign, i excused myself, and came back showing him my pistol,and telling him he had to leave.never heard from him or the hoa again……..Living in Texas has advantages……

    Report Post »  
    • momrules
      Posted on April 30, 2012 at 11:59am

      Grimmy……..I think you and I would get along just fine. I‘m a born and bred Texan annd I wouldn’t live anywhere else.

      Report Post »  
    • zorro
      Posted on April 30, 2012 at 2:33pm

      Also in Texas, we sent ours packin’…..

      Report Post »  
    • devildogger
      Posted on April 30, 2012 at 11:06pm

      Yes, Texas has enormous advantages. The biggest is there are a lot of property owners in this state, and the laws are written to protect the people from the government. The same way the US Constitution was written. The problem is is that de damn federal gubmint is ignoring the Constitution. Perhaps da damn fed gummint needs a wakeup call. Something about the tree of liberty comes to mind.

      Report Post »  
  • Mikev5
    Posted on April 30, 2012 at 9:55am

    HOA‘s are nothing more than hidden city tax’s think about it and a big tax at that you are now paying for services the city should be doing that are now your responsibility through the HOA and getting charged for these services at a high fee very high fee. Meanwhile the city doesn’t need to supply these services anymore.

    HOA’s are an abomination to American freedom and again all in the name of security in your neighborhood. Do they come through with this security no and how much of your freedom did you just loose.

    Report Post » Mikev5  
  • forthepeople
    Posted on April 30, 2012 at 9:54am

    Sound like a job for ‘ Tommy the Torch ’ and give the HOA president something to worry about besides other people business ?

    Report Post » forthepeople  
  • GoMarines
    Posted on April 30, 2012 at 9:54am

    How is it constitutional that an organization that can tax, regulate, fine and punish citizens that isn’t from the city, county, state or Federal government?

    Report Post »  
    • Calm Voice of Reason
      Posted on April 30, 2012 at 10:11am

      People choose to join HOA’s and happily sign over their rights in order to be able to buy a house in one of these “managed” neighborhoods.

      Report Post » Calm Voice of Reason  
    • GoMarines
      Posted on April 30, 2012 at 10:30am

      We looked for years to buy a house without HOA and with no luck, we finally found our dream home but with a nightmare HOA. This county is chalk full of HOA‘s it’s hard to find a home without one

      Report Post »  
    • Oldphoto678
      Posted on April 30, 2012 at 11:18am

      “How is it constitutional that an organization that can tax, regulate, fine and punish citizens that isn’t from the city, county, state or Federal government?”

      The constitution has nothing to do with it for the very reasons you stated. The HOA isn’t part of the city, county, state, or the federal government. It is a private organization not bound by the constitution. Only the government is bound by the constitution.

      Report Post »  
  • PRESENTSOFMIND
    Posted on April 30, 2012 at 9:53am

    Anybody who busts their butts to get a house is a real chump. You never “own” your house. Some entity can snatch it away from you quick as a wink.

    Report Post » PRESENTSOFMIND  
    • deeberj
      Posted on April 30, 2012 at 1:06pm

      Yep. See what happens if you don’t pay your property taxes. Your land & house isn’t yours, you pay the local gov’t to use it. And emminent domain allows them to just take it away if they can make more money off of it than your taxes.

      Report Post » deeberj  
  • Ponyexpress
    Posted on April 30, 2012 at 9:48am

    I don’t think there is enough information in the report to take objective sides.
    I agree that owners that purchase property where a homeowners association is in charge, do so because they don’t want the hassle or expected costs of dealing with certain issues on their own. They then pay the price of having a committee of people take over many of their rights.
    Does tht sound familiar on a nationl scale?
    How would any feel if your next door property were rented out to a person with 5 children unble to pay the rent or keep up the property?
    Think about it..

    Report Post » Ponyexpress  
    • johnjamison
      Posted on April 30, 2012 at 10:02am

      You have to be kidding,NO HOA has the right to arbitratrily remove your tentant and rent your home out. It‘s your home no one else’s fact is what they did violates the 4th amendment,9th amendment,10th amendment as well as several felony laws. They are going to lose their shirts on this one.

      Report Post »  
    • objectivetruth
      Posted on April 30, 2012 at 10:50am

      Actually I’ve had one far worse/I’d rather deal with the rest of the BS rather than any HOA.Its actually easier than you think to solve certain types of problems.Just find out who owns the house or has the rights to manage it.Take your complaints to them.This usually solves the problem.Sometimes not just for you but sometimes the tenant as well.

      Report Post »  
    • wvgirl
      Posted on April 30, 2012 at 11:36am

      When we lived in Broward County, we lived in an HOA, because that is all there is anymore. The HOA president was also a real estate agent. When someone in the neighborhood wanted to sell their house, she would get the contract. Because she was a real estate agent, she never inforced any rules and allowed some to not pay their dues. This happened because if she got someone mad at her, they would not allow her to sell their property. The brand new neighborhood was trashed out within 2-3 years. Her husband was in charge of property upkeep. The only two people who got rich were these two scam artists and the attorneys. I told them if they come in my yard, I would chase them down the street with my broom the way my grandmother would have done. They never bothered me. That’s what being from WV taught me. “MOUNTAINEERS ARE ALWAYS FREE”! We don’t live there anymore and will NEVER live in a communist HOA ever again.

      Report Post »  
    • Oldphoto678
      Posted on April 30, 2012 at 11:39am

      johnjamison
      “fact is what they did violates the 4th amendment,9th amendment,10th amendment as”

      Fact is you don‘t know what you’re talking about. A private organization can’t violate the constitution because no private citizen, organization, or club is bound by the constitution. Only the government is.

      Report Post »  
    • deeberj
      Posted on April 30, 2012 at 1:04pm

      “How would any feel if your next door property were rented out to a person with 5 children unble to pay the rent or keep up the property?”

      I would not care. Because I was not stupid enough to get into an HOA neighborhood so my neighbor not paying the rent or keeping up the property has absolutely nothing to do with me. If they are breaking the law I’ll call the township. Otherwise, ignore it.

      Report Post » deeberj  
    • devildogger
      Posted on April 30, 2012 at 11:14pm

      Mr. Jamison, I hope they lose more than their shirts. Perhaps a felony conviction will cool their fervor.

      Report Post »  
  • Loki
    Posted on April 30, 2012 at 9:41am

    time to outlaw HOAs….
    bad enough cities, states and federal government steal property “legally” now private sector organization doing it via snakes in lawyer suits….

    Report Post » Loki  
    • CatB
      Posted on April 30, 2012 at 10:14am

      I agree .. most of these started out as ways to regulate “common areas” things like swimming pools and tennis courts that are used by and supported by the homeowners .. but little NA ZI’s from the northeast (who move down here) get on the boards and decide to start running everyone’s life …. they have outlived their usefulness .. just like the unions that these people belonged to in the northeast and midwest.

      I don’t see why the law is not arresting this HOA board for THEFT at the very least. If they had taken her car they would … but a whole house and nothing!

      Report Post »  
    • deeberj
      Posted on April 30, 2012 at 1:02pm

      CATB – there you go again with your prejudice against people from the northeast. Azzhats live all over the country, not just the northeast.

      Report Post » deeberj  
    • lukerw
      Posted on April 30, 2012 at 3:08pm

      There is a little Fascist in each of us… that desires to have others conform to our thinking… so we do not want to inspire more of these Groups… because they will promote Fascism & Total Conformity! It’s a Human Flaw that we need to Avoid!

      Report Post » lukerw  
    • CatB
      Posted on April 30, 2012 at 3:58pm

      Come on down to Florida and see where the biggest “Azzhats” come from .. though Chicago might give them a run for their money …most are from the norhteast .. sorry but that is the truth.

      Report Post »  
  • Stoic one
    Posted on April 30, 2012 at 9:41am

    All of the little governments are following the lead of the big governments…hmn

    Report Post » Stoic one  
    • mils
      Posted on April 30, 2012 at 9:50am

      thinking the same thing…little hoa following the big obama example..just take it over, who cares about the law.

      Report Post »  
  • Watcher1952
    Posted on April 30, 2012 at 9:39am

    Anyone who belongs to a HOA is a fool…..No way is this legal…but then again neither is Emminent Domain. Wake up and vote AMERICA

    Report Post »  
  • Windwalker
    Posted on April 30, 2012 at 9:36am

    As with most homeowner associations, when a buyer buys a home in that particular neighborhood, he/she/they are given a copy of the recorded CC&Rs and which outline rules and regulations required of each resident who lives in that particular neighborhood. Depending on the CC&Rs, even the color you paint your home, leaving your car parked outside your garage, or the sound volume of a radio can be dictated AND enforced by the homeowners association. If you are a prospective buyer and don’t like the rules, don’t buy a home in that subdivision. My guess is the tenant with 5 children didn’t have a clue as to what the CC&R’s are in that neighborhood are/were and probably doesn’t care…..but the rest of the actual homeowners do.

    Report Post »  
    • Mil-Dot
      Posted on April 30, 2012 at 12:18pm

      Please, what BS. And you are all for that type of nazism? You suck. No wonder this country is about to collapse. Little commie marxists that want to tell everybody how to live.

      Report Post »  
    • Windwalker
      Posted on May 1, 2012 at 1:09am

      Again, you don’t have to buy a home in a subdivision with CC&Rs you don;t like or don’t care to live around, or a a HOA you would abhor. You can ask for minutes of any HOA meeting before you close on a property. The choice is yours. Life is about choices and you live with the consequences of your choices. Nobody is forcing you or anyone to live where you are not comfortable. HOA board officers can be voted in or out of their positions. Grow up.

      Report Post »  
  • HorseCrazy
    Posted on April 30, 2012 at 9:35am

    I own a real estate firm we manage farmland, hunting land and a ton of these hoa’s. I will never sell family or friends a home in one I don’t care if its a vacation property they want, go use a different realtor. these hoa‘s are awful and guess what folks in this current financial climate your neighbors aren’t paying their hoa bills so your property may become run down and you may be assessed special fees to paint etc. think about the amount of foreclosed condo units, hoa homes etc and then wonder how the bills are getting paid…oh that’s right the folks who were responsible again picking up the tab.

    Report Post »  
    • devildogger
      Posted on April 30, 2012 at 11:34pm

      So, if my landscaping wasn‘t blessed by the HOA you’d require me, at my expense, to redo the landscaping? Because it didn’t suit the tastes of the HOA board? Sounds like a situation that could become headline material.

      Anyone coming to serve their ‘imperial’ notice of discontent with my tastes in landscaping should probably be wearing kevlar. I keep my home looking great; maintained yard, brick(so no problems with paint or color) and a good roof. Other than that, PISS OFF!!! It’s called xeriscaping; learn it, live it, love it.

      Report Post »  
  • Duey2000
    Posted on April 30, 2012 at 9:35am

    This is why HOA’s are bad. It starts with not being able to build a shed or paint your house a certain color. But then it becomes not being able to raise the American flag or put a nativity scene on your property. Now this. People love being able to take away power from other people.

    Report Post »  
  • wingedwolf
    Posted on April 30, 2012 at 9:34am

    Looks like a good case for the exercise of 2nd amendment rights.

    Report Post » wingedwolf  
    • Mil-Dot
      Posted on April 30, 2012 at 12:21pm

      The only way to deal with commie progs is how they have been dealt with throughout history.

      Report Post »  
  • skiz
    Posted on April 30, 2012 at 9:33am

    You have to stand up people. Kick in the door, move back in and make them throw you in jail. Then you can sue the dog stuff out of them. NEVER MAKE IT EASY!

    Report Post » skiz  
    • Cavallo
      Posted on April 30, 2012 at 9:56am

      It would be a pity if that trend of filing false leins ended up happening to leaders of that HOA. There is a national trend of that sort of thing happening to LEOs. Not that I advocate fraud, just it seems a pity that bad things always seem to happen to the wrong people.

      Report Post » Cavallo  
  • Snowleopard {gallery of cat folks}
    Posted on April 30, 2012 at 9:31am

    Sounds like the HOA is seeking to make a fast buck and stir up trouble because they can.

    Report Post » Snowleopard {gallery of cat folks}  
    • Mil-Dot
      Posted on April 30, 2012 at 12:30pm

      Right. Usually these commie goons have some sort of blood relationship to the local government authorities and use the courts and police as their own. You know, their brother is the mayor or police chief, or something like that. They would not have the nerve to pull that kind of crap unless somebody “had their backs”. Most likely they are lining the mayors or police chief’s pockets.

      Report Post »  
  • THXll38
    Posted on April 30, 2012 at 9:26am

    That is some serious BS and is a huge abuse of power.

    Report Post » THXll38  
  • The Gooch
    Posted on April 30, 2012 at 9:25am

    These associations tend to attract petty tyrants. Glad to be free of that nonsense. These associations very often apply different rules for different people thru an unwritten pecking order. Another fine example of communal living gone awry.

    Report Post »  
    • muddpuddle
      Posted on April 30, 2012 at 9:45am

      Agreed…. A bunch of wanna-B-obamas…

      Report Post »  
    • CatB
      Posted on April 30, 2012 at 10:28am

      So true … you can buy into one .. as i did and then my son .. have people (mainly from the northeast) move in with a lot of their friends and all of a sudden you have a DICTATORSHIP! That is what happened .. his neighborhood was known for having few rules except for the common areas and a low cost .. now since these NA ZI’s have come in we are praying for homes to start sellng so we can get my son out .. I sold the home I had for my parents to vacation in for a ridiculously low price just to be done with them.

      They will lie cheat and STEAL to get their way … it is no way to live.

      Report Post »  
    • COFemale
      Posted on April 30, 2012 at 12:31pm

      So Gooch you live in an Associated community? Sounds like that is a resounding NO. Until you know your HOA and what they have to deal with, maybe you want to leave your dictatorship views to yourself.

      My dues go up because of people like her. When people refuse to pay, the Association has to get the money from somewhere. You get 20 or 30 people refusing to pay, it goes up more for those who play by the rules.

      Report Post » COFemale  
    • deeberj
      Posted on April 30, 2012 at 12:59pm

      CATB – yea, those d@mned people from the northeast.They are all so horrible. I hate them.

      Said with tongue in cheek. I am from the northeast and I am not an HOA nazi. Way to go for prejudiced thinking.

      Report Post » deeberj  
    • The Gooch
      Posted on April 30, 2012 at 1:19pm

      COFemale:
      You gotta love the posters who assert that on a public forum that encourages opinion… others must shut up and go away. I have experience in dealing with HOAs. The thing that always struck me was how the rules on pets varied with whether you were part of the “in” crowd.
      I did not speak in absolutes… just from experience.
      Please, keep your opinion to yourself on how others should keep their opinions to themselves. You must be a hoot at family dinners and social gatherings. More of that great feminine tolerance and morality. Sheesh. Do you not get the purpose of this forum? It’s an opinion and comment site, not a “just us” club. If you wanna decide who gets to play in the sandbox, open your own site. This routine is tiresome.

      Report Post »  
    • AxelPhantom
      Posted on April 30, 2012 at 5:08pm

      HOA are a microcosm of our society at large. Sign over your freedoms and your opinions, we will decide collectively…it is all for the common good you know.

      In exchange for you signing over your property rights, we will keep you safe from undesirables, keep you from having to look at anything that “offends” your sensibilities and prevent you from ever having to personally find out why a neighbor is suddenly shirking their responsibilities as a home owner; you won’t even have to help them out by maybe mowing an old woman’s lawn after her husband’s heart attack or helping a man get his house ready for market after he lost his job and stopped making HOA payments, we’ll just put a lien on the house. Good trade right?

      HOA do through “regulation” the same thing that our government does and people line up at the door to sign up for both. Both are a “choice” to be told by others and to tell others what is acceptable and what is not. If you are willing to sign over your personal rights on something as petty as materialism, what is the moral difference when it is done as a country?

      Report Post »  
  • BeingThere
    Posted on April 30, 2012 at 9:24am

    HOAs are one of the most vile inventions of man. Never buy a property with an HOA if at all possible.

    Report Post » BeingThere  
    • THXll38
      Posted on April 30, 2012 at 9:40am

      HOAs came about due to people not taking care of their properties and bringing down home values. Like most laws and regulations, they are created by people not doing the right thing.

      Report Post » THXll38  
    • LameLiberals
      Posted on April 30, 2012 at 10:00am

      City and towns have rules for keeping grass mowed etc. There is no need for HOA which is just another layer of petty bureaucrats

      Report Post »  
    • deeberj
      Posted on April 30, 2012 at 12:57pm

      lameliberals you are so right. In my township, I am not allowed to have a car on blocks in my yard, or grass that grows too high. I my yard or outside of the house gets so trashed that people report it, I will be fined and eventually forced out of the house if it gets condemned. That’s enough regs for me. I can have a pink flamingo in my front yard, and apparantly HOAs were created by people who only want what they think is attractive on the HOA property.

      I will NEVER buy an HOA house.

      Report Post » deeberj  
  • CS_GUY
    Posted on April 30, 2012 at 9:22am

    HOA should be sued and ordered to disban. Definitely overstepping their bounds.
    Wouldn’t happen in the midwest………everyone is armed.

    Report Post »  
    • wingedwolf
      Posted on April 30, 2012 at 9:40am

      Wouldn’t happen here either for the same reason. Can you imagine and non-owner changing the locks on a house?

      Report Post » wingedwolf  
  • hi
    Posted on April 30, 2012 at 9:21am

    The other owners better stand up for McCarn. Otherwise, they could be next.

    Report Post » hi  
    • COFemale
      Posted on April 30, 2012 at 12:33pm

      Why, she just made their dues go up for her non-payment. Someone has to make up the short fall. Some of you don’t know the cost involved in maintaining the common grounds of a covenanted community.

      Some of you are so ignorant of the law.

      Report Post » COFemale  
    • deeberj
      Posted on April 30, 2012 at 12:54pm

      She only owes 2000. That is one or 2 mos. rent but these HOA folks want to keep making money from a house that is not theirs. She has been paying. She missed one payment. You are wrong.

      Report Post » deeberj  
    • SgtB
      Posted on April 30, 2012 at 2:00pm

      Cofemale, you are a prime example of the disease that has gripped this nation. Please do us all a favor and take you BS somewhere else.

      Report Post » SgtB  
    • hi
      Posted on April 30, 2012 at 7:52pm

      C
      She missed one payment and they took her home!

      Report Post » hi  
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