Robert A Whit
04-04-2013, 08:33 PM
HOA law is not so simple yet it also is pretty straight forward.
How do I know?
A private course in Real estate law to become a salesman. A state test on laws, including HOA's.
College courses on such real estate law, passed with A grades.
College courses on Business law that though not about HOA law, still added to my education on law. Also only A grades.
Another more in depth course to be a Broker, a higher license by far than the salesman license where it got into HOA even deeper. Ditto. Passed state tests with high 90 percent scores.
CA has many tricks they love to put into such tests and also I spent perhaps 30 minutes on taking an over 3 hour test and did not mind not getting 100 percent. Brokers test lasted all day with a break for lunch and again I spent very little time taking the test and again scored in the very high 90 range. This by no means is bragging. I don't want to waste a lot of time trying to prove I have credentials. I know I have them but you had no way to be sure.
More Law to pass the appraisers course where every appraiser must be very knowledgeable about HOA's.
Here is my point, and you can think you can dispute this, but I don't see anybody more expert on HOA's than this poster.
Let's get down to brass tacks.
Put yourself in the shoes of any of the various owners.
Do you agree to the written rules?
Of course you have agreed to the rules.
And your signature on documents to be recorded would be notarized.
What are your rights as a party to the HOA?
Say some clown wants to construct some shed. And he knows what colors are allowed. He agreed to those colors upon his purchase.
Does he have the right to simply decide he found a loophole?
Well, the state of residency also has laws. They have blanket laws to cover all HOA's.
And also if a person refuses to pay a fine, they also have laws covering that. And property with past due taxes or liens of any sort, can subject the owner to sanctions. The HOA may pay the property taxes for instance then forclose the owner.
This is no slam dunk and a person offering his/her opinion it would seem to me, ought to know the laws.
But also bear in mind, if one owner gets away with this, the other owners may also believe they NOW can simply ignore the rules.
If one clown gets away with using a non approved color, the rest may also do the same. Why the hell have rules if it ends up being flaunted?
I suspect that any court will take all of this into account and the decision may not come out to favor the clown who decides to simply go his way.
Jim, I really would appreciate Marcus being banned from my thread since this is my thread.
How do I know?
A private course in Real estate law to become a salesman. A state test on laws, including HOA's.
College courses on such real estate law, passed with A grades.
College courses on Business law that though not about HOA law, still added to my education on law. Also only A grades.
Another more in depth course to be a Broker, a higher license by far than the salesman license where it got into HOA even deeper. Ditto. Passed state tests with high 90 percent scores.
CA has many tricks they love to put into such tests and also I spent perhaps 30 minutes on taking an over 3 hour test and did not mind not getting 100 percent. Brokers test lasted all day with a break for lunch and again I spent very little time taking the test and again scored in the very high 90 range. This by no means is bragging. I don't want to waste a lot of time trying to prove I have credentials. I know I have them but you had no way to be sure.
More Law to pass the appraisers course where every appraiser must be very knowledgeable about HOA's.
Here is my point, and you can think you can dispute this, but I don't see anybody more expert on HOA's than this poster.
Let's get down to brass tacks.
Put yourself in the shoes of any of the various owners.
Do you agree to the written rules?
Of course you have agreed to the rules.
And your signature on documents to be recorded would be notarized.
What are your rights as a party to the HOA?
Say some clown wants to construct some shed. And he knows what colors are allowed. He agreed to those colors upon his purchase.
Does he have the right to simply decide he found a loophole?
Well, the state of residency also has laws. They have blanket laws to cover all HOA's.
And also if a person refuses to pay a fine, they also have laws covering that. And property with past due taxes or liens of any sort, can subject the owner to sanctions. The HOA may pay the property taxes for instance then forclose the owner.
This is no slam dunk and a person offering his/her opinion it would seem to me, ought to know the laws.
But also bear in mind, if one owner gets away with this, the other owners may also believe they NOW can simply ignore the rules.
If one clown gets away with using a non approved color, the rest may also do the same. Why the hell have rules if it ends up being flaunted?
I suspect that any court will take all of this into account and the decision may not come out to favor the clown who decides to simply go his way.
Jim, I really would appreciate Marcus being banned from my thread since this is my thread.