Sue them, while there's no real oversite of HOA's (and there should be at either the state or federal level.) most HOA agreements depend on your fear of them and not taking them to court, because very few of them will actually stand up. There may state or federal statutes that prevent HOA regs from actively interfering with the sale of a house.
Charlie Griefer wrote: > Need to vent. > We own a home in Florida. We moved out of that house in September of 2006 > when we moved to California for a new job. > > Prior to leaving, we had a cash offer on the table which we accepted. After > we moved, we found out that the deal fell through due to the HOA. > Apparently, the buyer was purchasing the house for his son. His son wanted > to rent a couple of rooms (it's a 4 bedroom house) to friends of his. Prior > to the close, the buyer (the son, specifically) was obligated to have an > "orientation" meeting with an HOA representative who informed him that > according to the rules, only immediate family can make permanent residence > in the home. So, the deal fell through. > > Right about that time, the real estate market started it's downturn. Long > story short, we've been dealing with this house (trying to sell it) for over > 2 years. It's made our lives pretty miserable and we recently decided we > were just going to walk away from it and deal with the consequences. > > Luckily, we got a short sale offer back in December. The lender approved > the sale. Things looked like they might work out. > > I e-mailed the realtor yesterday for an update. Everything seemed good, > with one exception: > > "Some issues with the buyers getting qualified with the HOA, as they have a > large family, but we should be able to get things worked out." > > This may be the 2nd time the HOA fucks me in getting this house sold. It's > a 4 bed/3bath 2000+ square foot home. I don't know why they're surprised or > concerned that a large family is looking to move into it. I also am not > aware of any specific restrictions in the CCRs that state a "family" cannot > exceed a certain size (to be fair tho, I don't know exactly how big this > family is). > > I understand why HOAs exist. In theory, I like it. I'm happy to know that > my neighbor can't put an old car up on blocks in his front yard and leave it > there indefinitely, thus affecting the value of my home. > > But for fuck's sake... there really oughtta be a limit. This house should > have been sold back in September 06. I understand an HOA being concerned > with the appearance of the outside of the house, items visible from the > outside (window coverings, etc), and the appearance of the yard. But I > cannot believe they have the power to dictate who can or cannot reside > inside of the home. Their reason for the "only immediate family members" is > that (and I quote from memory), "we do not want our neighborhood to turn > into a commune". > > W. T. F. > > I thought we were finally seeing the light at the end of the tunnel, and 2+ > years of dealing with the payments on this house were finally coming to an > end. If this sale falls through because of some asinine HOA regulation, I'm > heading back to Jacksonville and somebody's getting hurt. > > -- Scott Stewart ColdFusion Developer Office of Research Information Systems Research & Economic Development University of North Carolina at Chapel Hill Phone:(919)843-2408 Fax: (919)962-3600 Email: [email protected] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Adobe® ColdFusion® 8 software 8 is the most important and dramatic release to date Get the Free Trial http://ad.doubleclick.net/clk;207172674;29440083;f Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:287594 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5
