My home is paid in full

Yes

YES .... the covenants and restrictions 'run with the land'.

Yor ONLY options are:

You can campaign to change the rules or you can sell and move on down the road.

I would also add that you should be the first one in line to pay the dues. You are probably one of the few that actually has equity in your property that the HOA could sue for if you do not pay the dues.

Rules may be applicable but not assesments once you have paid your mortage off. This concept was tested in FL. What keeps you connected to assesments is a mortage back by the govenment. After you pay off the mortage the connection is broke. Sure you will run into some resistance. Check for the court case in the superior court of FL. The case was heard at the highest level. Sorry I cannot remember the plaintiffs name but when it comes around I'll post it. Doesn't exempt you from follwing the rules but does exempt you from paying assesments.

DaveH4;

Your post is Toric Ka-Ka

I completely understand the nah-sayers and that's all fine. Its just that I was scolling down the questions and I saw this one and know that what I'm saying is correct. The problem I'm at home and the case info is at my office 30 miles away. I cannot remember this guys name off the top of my head but I remember his case and what he was involved in with the state of FL. I was tempted to fire him for the amount of work he was missing but I was to far taken in with his efforts of what he wa tyin to accomplish. It was like sitting on pins and needles as this guy went through the legal process. He had no attorney and represented himself, imagin that. He was intimidated through out the process by not only the defendent homeowner association but the FL legal system as well. As I previously stated I will get you the case info and everyone can sit on pins and needles until I post the info. But i was heard at the highest court in FL.

I remembe whn I hire the guy, he hand me IRS documnts that put us on notice that we were nt to take any payroll deductions from him. I had my accountant check with the IRS they asked us to send the docs to them for review and the IRS sent them back saying they were valid. I know what I'm talking about just can't remember his name off the top of my head. Its been about 5 or 6 years ago. The guy was an esentric person that could rattle off the USC code from memory. He was consummed with determination to see his point upheld.

More to come on this. Do amny of the nah-sayers want to place a small wager on this matter? Let me know. Sometimes things happen that nobody could ever beleive, T. Edison was a victum of charachter assination.

I want to add, if I can stir up some conterversey and get people to think outside the box than I feel I have helped homeowners and their plight. What I have read so far is good information but lets get to reality. I've seen people quote from the Davis stirilng act on different matters about how boards have to follow this rule or that rule. Unless you have actually tried to see those rules enforced than you know what a costly endeavor it is and the results may leave you paying the associations legal bill. So what you really have is a bunch of words on paper that mean absolutly nothing.

Associations insurance policies only defend the association when the association is sued. So if you initiate the suit the associations insurance company attorneys jump on the suit. Howmany homeowners living in a CID can afford to stand up to State Farms attorneys? Think about this before you try and enforce state and association statutes. Think about your sanity before its all over. Come on...been there done that.

Thanks for your ears. Where is the spell checker for this form?

Yes, Dave, the Florida folks would like to read this information........

Dave's assertion is interesting. I don't see it as doom and gloom to the operation of the HOA if it were true that, once a home is paid off (mortgage free) they don't pay dues. It is a strange idea but not the end of income for the HOA.

We'll see if evidence is provided. If it were true it seems that the question then becomes, how does a HOA raise assessments to pay for the amenities?

The answer also seems straightforward. When this guy sells his home, the new buyer would usually need a mortgage since most people don't have cash to pay for an entire home up front. Ergo, new owner w new mortgage, so the property is now subject to HOA dues again.

Of course I saw on CNN a home auction of Florida homes that sold a couple years ago for 250-300,000.00 that are going for 40,000.00!! Sure would be alot of homes in those HOA's that don't have a mortgage with those prices!!!! They were nice looking homes too, not gutted or anything. Kind of makes me want to bring some of my Canadian at par dollars down to Florida to do some buying.

Don't feed the troll?