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JordynP (Missouri)
Posts: 6
Posted:
I am not sure where to begin, so I apologize ahead of time for the length of my post. :-/

We just moved into a home which has covenants in place. We were not notified of any covenants before moving in (I will take that one on the chin, as we should have done our own due diligence before moving in). We are doing a lease-to-purchase to buy our home.

The day we were moving in, a man came down to introduce himself as the president of our HOA (this is when I found out we had one). He was very kind, seemed excited about the idea of us raising our five children in the neighborhood (they are 8, 7, 6, 5, 4, and 3). He told me how I should mow my yard a certain way, etc. During this conversation he asked if we had dogs. I said, "yes". I explained that they had always been outside dogs and had NEVER caused an issue before. He said, "Well, it says in the covenant rules that all dogs are to be brought in at night, but we can make an exception for now. We will just feel it out and see how it goes." He seemed nice, a little bored obviously, but nice. He then went home and I went on moving in...

A couple of weeks later, we called the trash company wondering why they had not brought containers to use yet. They said that someone from the HOA had to call and add us to their contract. We thought (surely) this had already been done, since he explained that he would take care of it the day that we met. So, my husband called him to verify that he had made the call. The only thing he said to him was, "You are not a real homeowner. The real one has to call me and ask me to do that." We were completely thrown by his attitude until it hit us that he had heard about how we were purchasing the home, and did not approve. I wrote it off as no big deal.

-We have now lived here for nearly 3 months and we have gotten 3 phone calls from the owner about the dogs (immediately after the first call, we started keeping our dogs inside at night-problem solved. Mind you, we would still sit on our back porch and listen to all of the other neighborhood dogs bark and carry on all night...Oh well.) Every other time he has called about the dogs barking, he is reminded that it cannot be ours, they are kept in. He waits a couple of weeks and calls again.

-A few weeks ago I went to check the mail and overheard him in our neighbors garage talking with them about how we have so many kids. I heard him give them the "we will just feel it out and see how it goes." line. What does that even mean?

-He called the home owner and asked if we were running a "damn daycare" because there are so many kids here.

-We drove the neighborhood to see if others had dog pens in their yards before we put ours up (this is a $500 pen, not a "cage" or "crate" of any kind). There were some others, so we put ours up to keep the dogs in during the day (just like we have for years). He wants it gone, it's a nuisance. It's in our back yard, which is surrounded by a privacy fence...

-The home owner (who also owns a large construction company locally and has had some issues with this man in the past) has asked him-flat out-why he is so obviously discriminating (there have been other comments made, etc.) against us. His response was to laugh and say, "They're just tenants."

-We have been told that, at the annual HOA meeting, he made it a point to discuss how we "should be handled" and they are discussing the possibility of contacting a lawyer and having us "evicted". He gave no reasons to the home owner what grounds he has to do this, but judging by the fact that he keeps making ridiculous calls about our dogs even when they are inside, I would guess that is the angle he will try and use.

-He looks in our back yard when we aren't home (that's how he knew about the pen)

Yes, we have five children. They go to school during the day, and enjoy riding their bikes or playing basketball when they get home. Our property is ALWAYS well kept, mowed, clean, etc. This is a very nice neighborhood and we fit in as well as everyone else...Except for the lease-to-purchase.

My first reaction was to simply wave and smile-go on about our life. But, this is stressing me out to no end. Calling their attorney to have us evicted?! It's very obvious, not only to us, that we are seen as "less than" everyone else because of how we are purchasing our home...I just don't know how to handle this.

DJ1 (Ontario)
Posts: 798
Posted:
How long do you plan to lease to own? You need to ask yourself how long you can put up with him until you own outright.
JordynP (Missouri)
Posts: 6
Posted:
Two years. The problem is, it's a small town with GREAT schools. This is where we want to be. Uprooting five children who are already dealing with switching schools once is just too much simply because he has an issue.
DJ1 (Ontario)
Posts: 798
Posted:
Well since the HOA president considers you to be just 'tenants' you need not worry about communicating with anyone but the homeowner you leased from. Let them deal with the BS from the prez.
GlenL (Ohio)
Posts: 5,491
Posted:
Jordyn, you need to get a copy of the CC&R's (Covenants, Conditions & Restrictions) either from the seller or they are often online on the county recorders website. Then you need to follow them to the T. As I often remind posters here, even Board members are people too, with all the silliness that go along with being human. Just guessing but I imagine that he was playing politician with the eviction remark, either it was meant to scare you or mollify someone who complained. About the only thing I can see you might have done wrong is with the dog pen, if the CC&R's require ARC approval for one. This is why you need to read and follow the CC&R's ASAP.


Studies show that 5 out of 4 people have problems with fractions
JordynP (Missouri)
Posts: 6
Posted:
He actually brought a copy the day he walked over to introduce himself. We have read the entire thing. We did assume that, since others had pens, that it was not likely enforced any longer. Wrong. They have theirs, we have to get rid of ours.

He also made a point of saying that our yard must be mowed at least once per week. This is no problem, we always do that anyway, but it frustrates me to see other yards with grass up to their calf and he drives right by, never saying a word.

We can't have businesses based from our homes (per CC&R), but he has one registered to his. He picks and chooses who will follow what. And he is probably a tyrant to the point that no one questions it.

As far as him communicating with us, he has NEVER spoken to us once since that first day. We just get phone calls from the owner or overhear him talking to others. I just wanted to come here and raise my kids in a nice place that we worked hard to get to. I dread the thought of things that are said about us by a person who is simply hateful and has a holier-than-thou complex.
BrianB (California)
Posts: 2,820
Posted:
take pictures and notes of the non compliant homes, and pass them on to your "owner". Perhaps he will use them to beat on the board (and perhaps he won't, it's his call). As a renter/non-owner, you are, unfortunately, at the mercy of the owner and the board interactions.

All you can do is follow the rules yourself.

(fyi, the other owners may have had their pens prior to the HOA being turned over, prior to some rule being written to forbid, may have applied and been granted exemptions, or, are just ignored by a bad president. You won't know, likely, until a lot of research is done).

JordynP (Missouri)
Posts: 6
Posted:
The CC&R have been in place since the subdivision was built. As far as information available to me, nothing has been revised. When he was told about the other pens his response was, "There are no other pens in this neighborhood." Period. He is implying to the owner that we are lying. The owner already knows better because he checked too, when this all began. He's as frustrated as we are and keeps apologizing for us having to deal with it.

I plan to start documenting everything. I hate to be in other people's business by taking pictures because it feels wrong, but I also need something so that he will back off. I'm just afraid he is going to say we complained and now he has to enforce things...Ugh. I can't win for losing here. :-/
DavidA7 (California)
Posts: 179
Posted:
I'm sorry to hear your issues

I would ask myself would I want to stay in a place that treats me and my family in this manner.

And my own personal bias why in the heck do you want to be in an HOA? I'm in one and can't wait for the day I'm not. I can't get out due to being upside down on my home.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jordy

My advice is get out of the deal ASAP and move on. You are never going to be happy living there.

JohnB26 (South Carolina)
Posts: 1,569
Posted:
CAVEAT EMPTOR

Unfortuneately you are not a member of the HOA. You ARE, in fact, a tenant (in the legal sense) until a deed to the property is issued in your name(s).

When a deed is issued you MUST comply with all CC&Rs attached to the property as you will then be members of the HOA.

You should NOT have any dealings with the HOA, merely with your 'landlord'.

The proper way to have this 'set-up' would have been to obtain / grant a 'deed of trust' from the seller.

If you do not understand this .... see an attorney.

CAVEAT EMPTOR
JordynP (Missouri)
Posts: 6
Posted:
There is nothing difficult to understand about that. I get it. Maybe I should be more clear about what my issue is. I AM complying-completely. I am following each and every silly little rule he chooses to enforce against ME. My problem is that he is picking and choosing what rules will be upheld and who must comply with them. We have become his target. He is coming onto our property, discussing us with others, blatantly ignoring the rules himself, being dishonest as a means to give him reason to evict us, and simply being a disrespectful jerk.

I cannot fathom how someone is allowed to behave this way without any repercussions at all-no matter what their fancy little HOA title is.

My apologies for coming off rude. My patience are running thin with all of this. If it were just my husband and myself, I could deal with it. But it isn't. I guess I may just document, document, document and wait for the day (if it ever comes) when he chooses to take "legal action" for a problem which doesn't exist.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
The HOA is not your (direct) concern. Deal ONLY with your 'land-lord'. Politely but firmly tell the 'president' to deal with the member of the HOA and leave you alone. Get an injunction or order of protection if you are actually being harassed.

He can NOT take legal action against YOU ..... the HOA's only recourse would be against the member/owner.

Best of luck!

(ps. - don't mind me, i'm blunt with everyone)
JohnB26 (South Carolina)
Posts: 1,569
Posted:
pps.:

unfortuneately he is not 'coming onto my property', he is entering your landlord's property with/without his permission

perhaps you could persue this with your landlord as a contract violation

? quiet and peaceful enjoyment ?

you must decide: is this toric ka-ka worth the fight ?

as a 'lease to own' resident you really should get a 'deed of trust' or consider cutting your losses and moving down the road to a less stressful environment

...even though you are morally correct: "know when to hold 'em, know when to fold 'em"

good wishes and best of luck,
a fellow sorry HOA reseident,
and BOD officer,
John B.
BB5 (Missouri)
Posts: 145
Posted:
I would be gone in a heart beat even if you are an owner things won't change you will still have a family and your pets this moron will continue making the same complaints against a "Homeowner" that he makes against a tenant.
CarolR11 (Colorado)
Posts: 2,563
Posted:
I agree with Brian & DJ1. Ask (beg?) your landlord to communicate with the Board of Directors. Provide your documentation to your landlord. There's no good reason why the president should be, uh, abusive, and perhaps the rest of the Board isn't aware of his harassment of you.

I assume your landlord wants you to go through with the deal. If the landlord's afraid he might lose you, he may intercede on your behalf.

Do you know how many others are on the Board?

JordynP (Missouri)
Posts: 6
Posted:
Quote:
Posted By CarolR11 on 05/01/2012 4:27 PM
I agree with Brian & DJ1. Ask (beg?) your landlord to communicate with the Board of Directors. Provide your documentation to your landlord. There's no good reason why the president should be, uh, abusive, and perhaps the rest of the Board isn't aware of his harassment of you.

I assume your landlord wants you to go through with the deal. If the landlord's afraid he might lose you, he may intercede on your behalf.

Do you know how many others are on the Board?


He is the president. They have a secretary, a treasurer, and 2 "board members at large". What ever that means?
CarolR11 (Colorado)
Posts: 2,563
Posted:
So there are five members on the Board of Directors. Your landlord should write to ALL of them--copy all of them identical letters documenting the prez's harassment of you. Provide your documentation to your landlord. Unless the other 4 directors are afraid of the prez, he has no more power or votes than each of them has. He, for example, does not have the authority to fine your landlord for alleged violations, only the Board as a whole does.

The exception is, of course, unless he has grabbed complete control of the HOA and no one has tried to stop him.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Jordyn:

You are not without rights or remedies.

Since the President is telephoning your landlord/seller, I suspect that he is acting without the rest of the board’s knowledge. Otherwise they would be sending out written violation notices.

The president is interfering in a contract and he can be enjoined and/or sued for damages. The contract between you and the seller is not subject to the president’s approval. I cannot stress enough that you need to seek legal assistance to keep this guy out of your life. Check with your local police and/or courts to see if there is some simple order of protection that can be issued against him. Since there are apparently four other board members, I would seek injunctions against each of them just to wake them up to what the president is doing.

The president’s comments about running a daycare center may be a violation of the Fair Housing Act. If the HOA is not a 55+ community it cannot discriminate against families with children. Look into this.

BTW, it is your property as long as you have a valid lease or rental agreement. The landlord gave up his possession when he rented it to you and you can control who comes onto the property and who does not.

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