[adam_89]

There is a membership fee for where I live because I live on a lake and there is a fee to maintain the lake so everyone in the community has to pay $200 a year to help out and to have privilages to use the lake. I never wanted to use it, so I never signed any papers. I got 1 letter in the mail asking me to pay the $200 dollars and I didn't think I had to so I didn't but I was going to eventually and talked to them about being late for awhile and they said everyone is so it isn't to big of a deal. I heard through someone last night that I was going to be sued by them for a large amount of money. I heard this from a friend who heard it from one of my other friends. Wouldn't I hear about this myself if they were going to? Is this possible?

[Perito]

If you live in a community that requires a fee from each resident, you probably signed something acknowledging that when you bought the house or when you signed a lease. You can be sued for the amount that you failed to pay. They can't ask you for more than you owe unless they can, somehow, prove "damages." If they sue you, a process server will appear at your house and give you notification of that.

[adam_89]

They were going to get their money and they knew so, I just asked for more time then all of a sudden I hear this. I am happy to know they can't sue me for more than I owe them.

Here is another question.
The people who want toe sue me left something in my house. This house belonged to a guy and his sister is the one who is head of the lake thing and she stored it there and was supposed to get it out. It has been there for nearly a year. I am certain I read somewhere that once an item is in your house for so long you can start charging them for it. Is this true? I live in Indiana if you didn't see.

[adam_89]

Anybody know anything please? Thanks.

[excon]

Hello adam:

I don't agree that they can't ask for more than you may or may not owe. People can sue for anything and for any amount.

But, if you didn't join an HOA when you bought, or you didn't subsequently sign something saying you did, then you don't owe anything... That doesn't mean you won't lose. If they have a lawyer and you don't, there's a good chance they'll crush you...

In terms of you charging them rent... You can't go back and make a contract that wasn't there in the first place... Besides, that's just going to cause you more problems... Why don't you just give the thing back? Unless it's a bag stuffed with $100's.

excon

[adam_89]

Hello adam:

I don't agree that they can't ask for more than you may or may not owe. People can sue for anything and for any amount.

But, if you didn't join an HOA when you bought, or you didn't subsequently sign something saying you did, then you don't owe anything... That doesn't mean you won't lose. If they have a lawyer and you don't, there's a good chance they'll crush you...

In terms of you charging them rent.... You can't go back and make a contract that wasn't there in the first place... Besides, that's just gonna cause you more problems... Why don't you just give the thing back? Unless it's a bag stuffed with $100's.

excon

I just thought I was sure I read somewhere that I could charge. I would have never done it but since this might come up I thought I might get some info on it. I have offered it to them several times and they still won't get it. Now say, in 2 weeks I give them their money and I haven't received anything, are they able to do anything then? These are all just "ifs"

[ballengerb1]

From what I see so far I am fairly certain you are a member of a HOA home owners association and likely did not notice the agreement when signing all of the closing documents. Ask the association for a copy of their covenants, rules and regs and all bylaws. You can be sued for more than you owe; there can be late fees, fines and court costs too. My HOA has yearly, legally conducted, auctions of property of owners who have not paid their membership fee. We have 2750 properties and 12 are up for auction at present. What lake are you on in Indiana?

[adam_89]

So you are saying they can auction my house if I don't pay the fee?

[ballengerb1]

We have to read your HOA covenants. What lake is it?

[excon]

I have offered it to them several times and they still won't get it. Now say, in 2 weeks I give them their money and I haven't recieved anything, are they able to do anything then? These are all just "ifs"

Hello again, adam:

I'm no different than you. I thought I read where you couldn't. But, I ain't no lawyer... Besides, if you've offered it and they refused, then instead of charging them rent, you may very well OWN it.

I, however, don't have benefit of knowing what it is, knowing how YOU got it and why, and I don't know why you just don't take it over to them and unload it on their front lawn...

Therefore, how it's going to work out in court, if it ever gets there, wouldn't be something I'd know.

Plus, I don't know what you're looking to receive if you pay them money. But, if you owe it, pay them what you owe, and get a receipt that says you're all paid up. If they won't give you a receipt, don't give them money.

These aren't "if's". You KNOW if you owe it or not. You KNOW how much it should be. Pay it, or don't. There ain't no middle ground.

excon

[adam_89]

It wasn't an "if" I owe or not. It was an "if" I get sued. I know how much the money is and I agreed to pay it. I stated above that we had agreements that I would pay it. I just talked to the woman's brother on the phone and everything is fine. I am going to talk to them and give them their money soon and get a receipt. The stove was in the house when I moved in and they said they would come get it in about 2 days as you already know it is still there. I have now agreed to help them load it up so they can take it. I have agreed to help several times but it still sets there. The lake I live at is Kenray Lake located in Bedford, Indiana.

Thanks!

[excon]

Hello again, adam:

Write them a letter. Outline the circumstances where you came into possession of the stove, and all ensuing events. Tell them to come get it within 72 hours, or you'll take it to the dump or you'll claim possession. Send the letter certified.

excon

[adam_89]

Hello again, adam:

Write them a letter. Outline the circumstances where you came into possession of the stove, and all ensuing events. Tell them to come get it within 72 hours, or you'll take it to the dump or you'll claim possession. Send the letter certified.

excon

I just want this thing settled outside of court. For everyone's sake I hope it does.

[Stringer]

Hello again, adam:

Write them a letter. Outline the circumstances where you came into possession of the stove, and all ensuing events. Tell them to come get it within 72 hours, or you'll take it to the dump or you'll claim possession. Send the letter certified.

excon

Excellent advice.

[Stringer]

HOA's have a lot of authority Adam. In our rules, they can even tell us what we can do for landscaping, the one type of fence if we want one and any landscaping planned must be submitted for approval in advance.

Also, if dues are unpaid after a period they can enlist the county sheriff to accompany them into your home and claim items of equal value for the payment. And after 30 days overdue they charge 15% more for each month late.

Our yearly charge is $395.00 a year. With 485 homes that is $191,575 they have inbound... and our illustrious officers get a personal paycheck from that too.

Also they can and have, dictated exactly how many hedge bushes and minimum number of trees you will have in your front yard. If you do not have this completed within a certain time they begin fining you monthly.

Should you want a shed in your back yard... only one type is approved and it has to have the same finish and color as your house.

They dictate when outside displays (Halloween, Christmas, etc) must be taken down...

[ballengerb1]

I checked into your HOA and you are certainly a member. The covenants are not available to me over the net but you actually have a copy if you can find that envelope you walked out with at closing. The stove is a small issue compared to your unpaid fees so take care of that too.

[excon]

Hello again adam:

I HATE HOA's. They're run like little Gestapo's. I rented an apartment in one in Phoenix. My son and a couple friends came to visit, and slept on my porch. I got a knock on my door in the morning...

This HOA employed every snoopy old fart that NEVER had any authority before, and asks them to snitch on the residents... The place was riddled with 'em.

I've been in PRISONS that were less restrictive.

excon

[adam_89]

I checked into your HOA and you are certainly a member. The covenants are not available to me over the net but you actually have a copy if you can find that envelope you walked out with at closing. The stove is a small issue compared to your unpaid fees so take care of that too.

So, what is the worst I am looking at here?

[adam_89]

HOA's have a lot of authority Adam. In our rules, they can even tell us what we can do for landscaping, the one type of fence if we want one and any landscaping planned must be submitted for approval in advance.

Also, if dues are unpaid after a period of time they can enlist the county sheriff to accompany them into your home and claim items of equal value for the payment. And after 30 days overdue they charge 15% more for each month late.

Our yearly charge is $395.00 a year. With 485 homes that is $191,575 they have inbound....and our illustrious officers get a personal paycheck from that too.

Also they can and have, dictated exactly how many hedge bushes and minimum number of trees you will have in your front yard. If you do not have this completed within a certain time period they begin fining you monthly.

Should you want a shed in your back yard...only one type is approved and it has to have the exact same finish and color as your house.

They dictate when outside displays (Halloween, Christmas, etc) must be taken down....

That is all so crazy. How are these things allowed? I am keeping my house for another year or so and then I am selling it fast. No more of that crap.

[ballengerb1]

True, they can get out of hand but you chose to join or not. Most are formed by developers who want to sell the property so they build all this "protection" for the owners by a thick layer of rules governing all sorts of behaviors.