Legal Advice

[levi127]

Well me and the homeowner association are going at it again. Now they have filed a small claims against me since I will not pay them.
Here is the issue. Only thing they do is cut the open area, like walking area and playing area. That is it. Anyone that breaks the rules in their policy nothing gets done to. I fought with them over and over about a tree hanging over my house they finally cut down. Then their is a bigger dead tree beside this one now leaning over the creek above mine and neighboors house. They said they are not going to do anything about it.
They do not enforce any rules or laws they have set for the subdivision. You call with issues like I have for over a year and nothing at all gets done. They tell me its not their responsibilty to make people do what they signed to do, its the committees part of the subdivision to do that and bring it to them, what a crock of shi*.

What all can I do about this? I dont want to be sued like they are doing now but then im going to fight it to a T. How do I need to go about working this out?

[dukhntn]

Sleep with the HOA president's wife.







Then get a lawyer.

[deltadukman]

Write the whole scenerio out of a big piece of plywood and put it on a trailer and park the trailer in the front yard telling everyone whats up.................I know HOA's and the one thing they are the most passionate about are trailers in the driveway so I'm guessing that one in the yard and they'll tend to the matter......he!! they may even cut you a check.


Not to make light of the situation, but my dad (53 and retired) is the HOA president in his "hood". I hear the stories all the time and it's funny. The one that does the most complaining is the one who's yard looks the worst. Him being the pres is very contradicting....he's got 4 vehicles....2 park out of the garage(its a sin) and he has a dog that barks.............its humorous

[Long Duck Dong]

What are they suing you for? Failure to pay? If so, then you might not have much of an argument in court. Either you paid them or you didn't.

[levi127]

Well thats one of the issues. Trailer that are goose necks are not allowed in the subdivision unless its working in there carrying equipment. Well the guy down the road keeps his in his driveway or on the street at all times everyday. They have never said a word to him about it and I know of 3 people that have called over and over.

Just trying to figure how a judge will see all this. If its worth getting a attorney and going or not.
They are sueing for $700, but my dues are 150 and the other costs being in it are attorney fees for them

Yes they are suing for no payment received this year. Only reason again is they are their to enforce problems and make sure everyone follows their policies or rules. Which they dont do this and only cut the grass.

[deltadukman]

NBot sure they can sue you for it, but they can put a lein against your house until you pay it....or you have to pay it before you sell or refinance it.

[cwink]

NBot sure they can sue you for it, but they can put a lein against your house until you pay it....or you have to pay it before you sell or refinance it.

He is right.. I am the president of our HOA.. I will tell you this.. you will catch more flies with honey than with vinegar.. Ask them if you can get someone to cut down the tree and if they will reimburse you for the expense. You won't get anywhere by not paying your HOA dues..

[levi127]

NBot sure they can sue you for it, but they can put a lein against your house until you pay it....or you have to pay it before you sell or refinance it.

He is right.. I am the president of our HOA.. I will tell you this.. you will catch more flies with honey than with vinegar.. Ask them if you can get someone to cut down the tree and if they will reimburse you for the expense. You won't get anywhere by not paying your HOA dues..

Well I didnt offer them that. Since the tree would come down and effect my house they told me I need to be responsible for it. I laughed, then a week later came back and told me they would do it only if I paid 1/2 of it, I laughed again. Now they are just going to leave a dead tree sitting on the edge of the bank where every other tree has already fallen.
Also they dont keep up with maintenance of the creek. It has flooded withint 8 feet from my back door due to all the trees falling in it and debri in it. Now this time a tree fell down and damaged my whole backside along the creek, they told me im responsible to fix it and not them.
They are honestly a joke. I was suprised when they served me papers today along with over 1/2 the other people that got served with them for not paying. I mean they are a non profit orginization and only cut the grass. Wheres the rest of the money go?

I have photos of all the issues in teh neighborhood they will do nothing about. Will this help being that it is in their law book we have

[jbs38654]

give them a swift kick to the nads and tell them it was from me

They dont have a leg to stand on in an incorproated city in mississippi

go to court with them, they cant be cherry pickers and pick and choice who they want to sue and who they dont want to sue

[levi127]

give them a swift kick to the nads and tell them it was from me

They dont have a leg to stand on in an incorproated city in mississippi

go to court with them, they cant be cherry pickers and pick and choice who they want to sue and who they dont want to sue

Man I forgot about you being over there before I was till just now. I guess I should have moved out whenever one else did and was able to. Still over 1/2 the homes dont pay the fees becuase of all this. ABout 10 houses out of 90 dont have siding on 1 side from the storms early this year that came through.

[jbs38654]

just tell them to bring the big attorneys not the BS small claims crap

[4dawgma]

How much is it going to cost to cut down the tree?

[levi127]

I am honestly not to sure

[LawDawg]

Cut the tree down and leave it in the common area. It's not hard to fell a tree

[SFDdelta1]

What judge in justice court did u get?

Justice court r small claims court you have a little more leeway. If you Ken Adams r Lantrip you might have a leg to stand as the judges r not lawyers.

E