Comments on: Home Owners Associations – The Power Of Private Government To Control You And Your Property

By: Mike Thompson

Mike Thompson — Thu, 17 Jan 2013 03:33:15 +0000

HOAs are a repulsive insult to property ownership. If Osama bin Ladin had any brains, he would have bought property and than sat back and laughed as Americans striped fellow Americans of their rights, like tail tied cats over a tree branch.

By: Donna S. Robinson

Donna S. Robinson — Fri, 11 Jan 2013 19:42:51 +0000

As the author of the article, I personally would have preferred another photo, but the editors make that decision. Also, if there are any lawyers with direct experience representing HOA’s or defending clients against an HOA, we’d be happy to publish other information on this issue. Please contact Donna at donnaconsults@reihelp.com

By: Donna S. Robinson

Donna S. Robinson — Fri, 11 Jan 2013 19:36:31 +0000

I have edited for clarification. Thanks.

By: William Watkins

William Watkins — Fri, 11 Jan 2013 17:22:11 +0000

I’m sorry Donna, I misunderstood anyone with an interest in the property. I thought you were saying they could go after your adult kids even without an ownership interest. Thanks for the explanation.

By: Lien Powers = Big Brother? « HOA Lawyer

Lien Powers = Big Brother? « HOA Lawyer — Fri, 11 Jan 2013 16:36:52 +0000

[...] I only mention this soft-news opinion piece from “Realty Biz News” because I like the Orwell cartoon it used, below. [...]

By: Donna S. Robinson

Donna S. Robinson — Fri, 11 Jan 2013 15:41:50 +0000

Hi William, check your by-laws given at the time of purchase. Many of them, including personal copies I have myself, mention that a personal lien is created against the buyer(s) as well as any “heirs or assigns…” this sentence in effect creates a lien on anyone who may be involved with you under one of those criteria. Each property has it’s own documents, drawn up by their own attorneys, so there is no standard format. But in the docs I have reviewed this statement is found in the section titled “Declarations and By-Laws”, one section of several, in a document that is 126 pages long. The last paragraph on the first page of this section includes the following statement: “...By virtue of the recording of this declaration…shall be binding on all persons having any right, title or interest, in all or any portion of the real property subject to this Declaration, their respective heirs, successors, legal representatives, successors in title and assigns…” Prior to this particular paragraph, the creation of a lien both against the property as well as personally is spelled out. But all of this is sandwiched in between lots of other legal and related matter. The bottom line is that these terms are pursuant to the state laws governing the creation such entities, but the by-laws and other rules can be created by the association itself. (Specific questions you may have about personal involvement should be directed to your attorney.) But these liens are automatically created for any type of property where an association is involved in maintaining the quality of the community.

By: William Watkins

William Watkins — Fri, 11 Jan 2013 12:14:05 +0000

Donna would you be kind enough to direct me where in the by-laws, articles of inc., or cc&r it says they can go after my adult children?