Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Florida > Fort Myers - Cape Coral area
 [Register]
Fort Myers - Cape Coral area Lee County
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 01-13-2009, 01:49 PM
 
1 posts, read 4,623 times
Reputation: 16

Advertisements

I have formally disputed the validity of HOA demanding HOA fees after restrictive covenant expiring. I have placed fees in ESCROW and demanded an audit of HOA accounts, demanded accounts to be divided/returned to homeowners. I have been told i have no rights to participate in the current HOA since I have not paid fees. Plus they are threatening a suit for foreclosure for fees.

???? is???? can they legally ban me from elections and monthly meetings to request such things as an audit and clarification of HOA validity to continue.
Reply With Quote Quick reply to this message

 
Old 01-13-2009, 01:56 PM
 
Location: Houston, TX
4,678 posts, read 9,890,280 times
Reputation: 1960
Yep, Usually when you buy or rent a home in a HOA neighborhood, You sign papers saying that you pay the HOA fees and abide by their rules.

Which is why I'll never live in a HOA neighborhood.
Reply With Quote Quick reply to this message
 
Old 01-13-2009, 08:12 PM
 
515 posts, read 1,590,241 times
Reputation: 218
Get a copy of your neighborhood restrictions and study them well. "after restrictive covenant expiring" what do you mean by this? If your not paying your dues, yes they can start foreclosure. They can not foreclose for fines that are due. It's all spelled out in your restrictions, read up. I don't think you can call for an audit and demand anything. When you purchased your home you signed a piece of paper stating that you read and understand all of the rules and regulation of the HOA. You know, one of those many sheets that you signed without reading, there were to many and you just wanted to get out of there. Good luck
Reply With Quote Quick reply to this message
 
Old 01-13-2009, 08:20 PM
 
515 posts, read 1,590,241 times
Reputation: 218
The one thing that you can do is ask in writing for a copy of records that you wish to see and they have 10 days legally to get them to you or there is a fine imposed on them per day not to exceed $1000 totally. At least that's how it was.
I guess this also depends if you still have rights as a non-paying homeowner.

Google Joe Adams articles that have appeared in the News press pertaining to HOA's. Lots of good info there.
Reply With Quote Quick reply to this message
 
Old 04-04-2009, 12:33 PM
 
Location: SE Florida
9,367 posts, read 25,208,767 times
Reputation: 9454
Quote:
Originally Posted by studioifxs View Post
I have formally disputed the validity of HOA demanding HOA fees after restrictive covenant expiring. I have placed fees in ESCROW and demanded an audit of HOA accounts, demanded accounts to be divided/returned to homeowners. I have been told i have no rights to participate in the current HOA since I have not paid fees. Plus they are threatening a suit for foreclosure for fees.

???? is???? can they legally ban me from elections and monthly meetings to request such things as an audit and clarification of HOA validity to continue.
They can definately foreclose for failure to pay your assessments. First they will send you a demand letter, then place a lien and then they can foreclose.

They may also be able to prevent you from voting. You'll find the answer in your governing documents.

From Florida statue 720: (3) If the governing documents so provide, an association may suspend the voting rights of a member for the nonpayment of regular annual assessments that are delinquent in excess of 90 days.
Reply With Quote Quick reply to this message
 
Old 04-09-2009, 11:43 PM
 
138 posts, read 468,504 times
Reputation: 73
Yes- in my condo in Texas, if you are late- even by a day, and there is a meeting/voting, you may not attend the meeting or vote. Your fees must be up to date in order to take part in any affairs. Look at your By-Laws, it will say. And yes- they may start foreclosure on your condo- usually at 90 days, but I have read some now will start at 30 days. Look at it from their view- if people don't pay their fees, then they can't pay the water bills, insurance, maintainance people, any upkeep.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Settings
X
Data:
Loading data...
Based on 2000-2020 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Florida > Fort Myers - Cape Coral area
Similar Threads

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top