Legal Advice

[levi127]

Its on hwy 51 in southaven. Not sure of the judges name. It is small claims court I know that.

[SFDdelta1]

All u have to do is call and they will tell you what judge has it. They all have a set day of the week.

You can sue anyone for anything in justice court. You could even counter sue them for failing to enforce the covenants.

E

[levi127]

I was wondering about that also. I have photos and dates and times of when I spoke with them about things in the neighborhood, they never fixed.
I will call and see

Heck I didnt know in MS they physically dont have to serve you. They can leave it at the residence they have on record for you or give to a family member or friend. Medlin came by today when I was home and garage open and put it on the front door. Never knocked or nothing

[Dutch Dog]

Contact some realtors that have houses listed in your subdivision and inform them of the issues with the HOA, it is now on record and disclosed to them that there are problems within the HOA and they are bound to disclose that info to buyers. Let them help you put pressure on the HOA too. Also put you some sort of sign or something in your yard that says something about "Warning, don't buy a house in this subdivision" and have a flyer box attached to it with flyers indicating what the problems are. The squeaky wheel gets oiled first!!! Maybe you should run for President as well, then you can take it personally upon yourself to enforce the rules on everyone evenly.

[levi127]

Contact some realtors that have houses listed in your subdivision and inform them of the issues with the HOA, it is now on record and disclosed to them that there are problems within the HOA and they are bound to disclose that info to buyers. Let them help you put pressure on the HOA too. Also put you some sort of sign or something in your yard that says something about "Warning, don't buy a house in this subdivision" and have a flyer box attached to it with flyers indicating what the problems are. The squeaky wheel gets oiled first!!! Maybe you should run for President as well, then you can take it personally upon yourself to enforce the rules on everyone evenly.

I dont want to be involved with this joke. The last company that was over it ran off 3-4 years ago with upwards of 15-20k total of yearly dues. He was there for years and actually enforced stuff and fined you. But then stole the money and still hasnt been found. So new company comes in promising this and that. Well they are just looking for the money and thats all. We have a board but its 2 people that were elected by the company bc no one wanted in on it. But then again they are on the side of the block that everything is taken care of weekly. Not a week missed for anything.
Also their is stuff in the contract that will not allow you to do that, legal action can be brought for stuff like that. I read over the 24 pages tonight. Out of lets say 20 rules, between 25-50% of the subdivision is breaking 16 of them. Which they know who I am bc I have always raised crap at them about doing nothing since the 1st tree. Biggest thing is on the corner a guy runs a mechanic shop out of his garage, undercover doing it. Always has 5-7 cars there at a time and you can not see around them when pulling off the street. Im walking tomorrow to see who all got served papers and knocking on doors. I know of atleast 12 houses on my side that havent paid in the last 3 years.

[chs36]

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..

fight fire with fire.. most HOA's are jokes. most cater to the "click". sure they can put a lein on your house.. they also have to "renew" the lein every 12 months. chances of the HOA's changing presidents every year and them remembering your lein is slim to none. do your part.. keep your property up and looking good.. if they won't do their part.. i wouldn't pay them either. they have no leg to stand on in court under those circumstances.


Ddm... i have to agree with you, which is rare, on your dad being president. i thought it was great when your brother told me that. trailor full of muddy wheelers, samuri, trucks stacked in there,etc.. and to top it off.. i don't know your dad very good but he seems like the type that "REALLY" wanted to retire and become the president of the HOA! wonder how many times in the past year he had to bite his tongue??

[lilwhitelie]

Contact some realtors that have houses listed in your subdivision and inform them of the issues with the HOA, it is now on record and disclosed to them that there are problems within the HOA and they are bound to disclose that info to buyers. Let them help you put pressure on the HOA too. Also put you some sort of sign or something in your yard that says something about "Warning, don't buy a house in this subdivision" and have a flyer box attached to it with flyers indicating what the problems are. The squeaky wheel gets oiled first!!! Maybe you should run for President as well, then you can take it personally upon yourself to enforce the rules on everyone evenly.

I dont want to be involved with this joke. The last company that was over it ran off 3-4 years ago with upwards of 15-20k total of yearly dues. He was there for years and actually enforced stuff and fined you. But then stole the money and still hasnt been found. So new company comes in promising this and that. Well they are just looking for the money and thats all. We have a board but its 2 people that were elected by the company bc no one wanted in on it. But then again they are on the side of the block that everything is taken care of weekly. Not a week missed for anything.
Also their is stuff in the contract that will not allow you to do that, legal action can be brought for stuff like that. I read over the 24 pages tonight. Out of lets say 20 rules, between 25-50% of the subdivision is breaking 16 of them. Which they know who I am bc I have always raised crap at them about doing nothing since the 1st tree. Biggest thing is on the corner a guy runs a mechanic shop out of his garage, undercover doing it. Always has 5-7 cars there at a time and you can not see around them when pulling off the street. Im walking tomorrow to see who all got served papers and knocking on doors. I know of atleast 12 houses on my side that havent paid in the last 3 years.

Go to the presidents house really late while walking your dog. While on your walk, carry a seed spreader with about 30lbs of winter rye grass and spread it really thick for him. That should keep him busy ALL WINTER!!!!!! Most people involved in HOA take it WAY TO SERIOUS...like they are Pres of the USA. Lots of ways to make him pay and costly as well. Nails in ther driveway, ryegrass, round up....(but spell something creative) etc etc. Not saying its right but most back down when they know they have a bunch of folks po'd and can't pin it on one individual. Nobody likes to watch their back or worry about whats next. Tires cost more than 700 bucks.

[JaMak84]

Reminds me of a saying my grandfather is fond of, "Two wrongs don't make a right, be the better man dumbass."

[Bercy]

Check homeowners agreement - if there is not a provision for them to collect attorney's fees, they can't get attorney's fees, if the judge were a lawyer anyway.

[levi127]

sdfdelta- its in the justice court system, just got the papers to look at it.
I spoke with them for ahour. Well im the only person being served right now per them. Beat around the bush until she told me that they constantly hear from me about problems in hood, they know who I am already. So they said they cut down my tree which cost HOA 1400.00 which I didnt pay my dues and they did anyways. Well I told her they pilled the 75ft tree on the other side of my fence and left it. So I asked her since they know me and my complains why havent they did anything?? She said we report problems to them then they give to our BOARD and they verify it and get back with them within 2 weeks. Then HOA sends letter to the people and thats all. People dont have to do anything. They havent taken any actions on the people either. She new about problems from last time bc she told them to me that nothing been done. Now that the creek has came up and damaged 40 ft of my fence she said they are not liabe for damages. Then she said the other 14 people will be served at a later time. So i through out there since they cut down their tree over my house they are suing me basically to get some costs back?? she changed the subject. They are not cutting the other one down bc they dont have the money. They are not fixing the ditch between 2 ponds bc they dont have the money.
I also asked them about me suing them for not keeping up their part on making things right around here. She said they are only obligated to send notices and make sure the dues are being paid, thats all.
So instead of being sued for 700.00 or something she said they can drop it down to 430 which I have to pay off before court date or show up to court. Dues are 150 a year and the rest is attorney fees (400)and court costs (64), interest and other fees.

[jacksbuddy]

Interesting. This sounds like either -

A) You have them on the ropes and they are afraid that you are going to kick them in the teeth in court, or

B) They are trying to work with you on some sort of compromise.

Keep us posted as to how everything turns out.

Somebody pass the popcorn.

[levi127]

Interesting. This sounds like either -

A) You have them on the ropes and they are afraid that you are going to kick them in the teeth in court, or

B) They are trying to work with you on some sort of compromise.

Keep us posted as to how everything turns out.

Somebody pass the popcorn.

They actually dont go to court. Only their attorney with their company goes with the contract for all homeowners and proof showing you didnt pay. Thats all. So he has no idea who is who or nothing. That is all they are after is the money of it, anything else they dont want to mess with.
Thats why I am debating if its worth going to court to fight. She said they are only going after the money owed and thats what the court will be about and nothing else. Basically will a judge see my photos and proof of them doing nothing or just say you owe them money pay them. Then pointing out this non profit company is only out for the money and not well being of the subdivision like they claim they are. Then she (paralegal) pointed out she drives by us and drives through from time to time to look at things. So I asked her since she did why hasnt she done anything? She has nothing to say bc she even told me she saw the things I was telling them about. Which she quickly hushed. I would have to get documents from the city to show the HOA is responsible for the ditch rather then them saying the city is. City came and looked and all that and pointed out HOA is, thats why they had to cut the tree down and not the city.

[deltadukman]

Little claification please...is the HOA made up of residents of the subdivision and reports to a thord party property management company? Sounds to me like there are 3 parties involved and thats odd...most subdivisions made up of private single family dwellings dont answer to a thitd party but rather just a board of homeowners elected by the residents....i may would push that issue and tell them someone is getting a 'cut' and should fire them to save some money.

[levi127]

Little claification please...is the HOA made up of residents of the subdivision and reports to a thord party property management company? Sounds to me like there are 3 parties involved and thats odd...most subdivisions made up of private single family dwellings dont answer to a thitd party but rather just a board of homeowners elected by the residents....i may would push that issue and tell them someone is getting a 'cut' and should fire them to save some money.

You have the residents that live here, then you have a "elected board" which consists of residents that live here then a 3rd party company that is over it all. So you have what 3 divisions on 1 subdivision. Basically the 3rd party only collects dues and then makes sure everything in the subdivision is nice and neat, which they dont do and only collect money from residents. Then obviously if you dont pay they sue you for 3 times what the yearly cost is. Due to interest and attorney fees which they are the attorney as well I found out. They represent theirselves in court matters. But on their website it says they are a non profit company and also in our papers. So if all they do is contract out the common area to be cut where all the other dues go to?

[deltadukman]

Thats the first clue as to it being a jacked up system. I insure alot of HOA's and kinda know how they work and not one of them have an outside 3rd party management firm to do anything. Thats what the HOA board is elected for. The only reason to use a management firm is in cases of like townhouses and apartment complexes..........I'd be asking who is getting a kickback from them.