My daughter is in the process of selling their home and moving since her hubby took a new job. One day before the closing the HOA President calls the management company overseeing the sale and states that they owe $18,000 in fees for a truck illegally parked beside their house. The closing is now in status until this is resolved.
Let's go go back 48 hours. My daughter was visiting us and since it was raining cats and dogs asked if I could take her and our grandson home. My wife followed in our car so I would have a way back.
I arrive at her home 2-3 minutes before her (she rode with my wife) and I see a guy looking like he is "casing" her property. He turns out to be the President of the HOA and he claims that a neighbor has complained to him about her swing set. First claim it was straddling over into the neighbor's property. My daughter shows him were the surveyors put in stakes showing where the propery lines are drawn and the swing set in clearly 2-3 yards inside my daughter's property line. Second claim that the swing set is unsafe because "barriers" were removed. These barriers were railroad ties that bordered the area around the swing set and the new owners on condition of the sale wanted them removed. Don't really know why that is the any of the HOA's business since it is on her property and only her kind is supposed to use said swing set and the issue is not even addressed in the HOA regs. I basically told the guy this and that if that was the case then his community swing set is in violation also and that it is really a moot point since she will no longer be the owner come Wednesday and that they are moving out.
Come today the guy calls her a demands the quarterly HOA dues for Jan-March. She has a cancelled check from the company that adminsters the HOA's account and tells him just that. The Prez goes on to tell her that he fired the management company and she should pay him. Management company tells us that the Prez took over April 1st so she was correct in paying them. The Prez know changes his story and says that she must pay in advance her HOA dues for the whole year before she moves out. She already knows what to say that she only owes for April and that will be taken care of at the closing and the new owners are responsible for the HOA dues from May onward.
He then comes up with this notion that her husband violated some convenant when he parked his car on the side of the house and not in the driveway. He says it was 180 days ago and since her husband didn't show up at the hearing he was charging her $100 a day, which is $18,000. He is correct that her husband didn't show up because there is not a regulation saying he can't park on the side of his house and he has the e-mail from the previous HOA management company (now fired) to prove that and their statement that they would be removing the complaint.
Oh, and since there is no HOA management company anymore guess who is minding the accounts and finances of the HOA. Yep, you guessed it the fore mentioned Prez. Tomorrow she is going (or should I say her husband's company attorneys, since they are purchasing the house so her husband can transfer) are going to get involved. I guess they tried to call the guy today and he refuses to answer the phone or return messages.
Thsi really sounds like a shakedown to me.....but it is amazing how one guy can really mess with your life for a while.......
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Let's go go back 48 hours. My daughter was visiting us and since it was raining cats and dogs asked if I could take her and our grandson home. My wife followed in our car so I would have a way back.
I arrive at her home 2-3 minutes before her (she rode with my wife) and I see a guy looking like he is "casing" her property. He turns out to be the President of the HOA and he claims that a neighbor has complained to him about her swing set. First claim it was straddling over into the neighbor's property. My daughter shows him were the surveyors put in stakes showing where the propery lines are drawn and the swing set in clearly 2-3 yards inside my daughter's property line. Second claim that the swing set is unsafe because "barriers" were removed. These barriers were railroad ties that bordered the area around the swing set and the new owners on condition of the sale wanted them removed. Don't really know why that is the any of the HOA's business since it is on her property and only her kind is supposed to use said swing set and the issue is not even addressed in the HOA regs. I basically told the guy this and that if that was the case then his community swing set is in violation also and that it is really a moot point since she will no longer be the owner come Wednesday and that they are moving out.
Come today the guy calls her a demands the quarterly HOA dues for Jan-March. She has a cancelled check from the company that adminsters the HOA's account and tells him just that. The Prez goes on to tell her that he fired the management company and she should pay him. Management company tells us that the Prez took over April 1st so she was correct in paying them. The Prez know changes his story and says that she must pay in advance her HOA dues for the whole year before she moves out. She already knows what to say that she only owes for April and that will be taken care of at the closing and the new owners are responsible for the HOA dues from May onward.
He then comes up with this notion that her husband violated some convenant when he parked his car on the side of the house and not in the driveway. He says it was 180 days ago and since her husband didn't show up at the hearing he was charging her $100 a day, which is $18,000. He is correct that her husband didn't show up because there is not a regulation saying he can't park on the side of his house and he has the e-mail from the previous HOA management company (now fired) to prove that and their statement that they would be removing the complaint.
Oh, and since there is no HOA management company anymore guess who is minding the accounts and finances of the HOA. Yep, you guessed it the fore mentioned Prez. Tomorrow she is going (or should I say her husband's company attorneys, since they are purchasing the house so her husband can transfer) are going to get involved. I guess they tried to call the guy today and he refuses to answer the phone or return messages.
Thsi really sounds like a shakedown to me.....but it is amazing how one guy can really mess with your life for a while.......
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