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Now I have to move

post #1 of 28
Thread Starter 
Well, some of you guys may remember me telling you about the $100 fine for leaving a towel in the gate to the pool. Stupid HOA! Then I got a warning for people being able to see stuff on my patio from the road. (We had our noodles and rafts on the patio outside, leaning up against the corner) Then we got a $100 fine because we had glass at the pool. Then they told our room mate he had 1 week to get out.

So... now I have to move.

We have $0 total. Seriously, $0! We need to move to a 2-3 bedroom house/condo. It's going to cost us a 2-3 thousand dollars to just get moved in to the house, and we right now have $0. Luckily, my dad told us he would help us all out since he knows our situation.

Stupid HOA!
post #2 of 28
Wow!! Sorry to hear that.

Do you have a place to move into yet??
post #3 of 28
I am not sure about where you are at but most states have laws that protect you. I know here they have to give you 30 and 1 days notice. I would contact legal aide and see if what they are doing is even legal.
post #4 of 28
Quote:
Originally Posted by april31 View Post
I am not sure about where you are at but most states have laws that protect you. I know here they have to give you 30 and 1 days notice. I would contact legal aide and see if what they are doing is even legal.
Please PLEASE look into this! There are so many laws out there to protect tenants and they don't even know their rights! A friend of mine was told she had 7 days to leave her apartment in Georgia...I was able to locate information and resources for her and she found out she had 90 days and the landlord would have to take her to court.

Anyway, here is the Arizona Residential Landlord and Tenant Act:

http://www.azsos.gov/public_services...rd_Tenant_Act/

Please, just look into your rights.
post #5 of 28
In most states they cannot give you a week to get out. It is almost always at least 30 days. When I was having trouble with a landlord, I googled tenant's rights and discovered that NC has a tenant's Bill of Rights. When I showed it to them, they put up a fuss, but they knew they were wrong and left me alone long enough to find another place. It would be worth a try.
post #6 of 28
OMG, how terrible! I'm so sorry that you're going through this. I wish you the best of luck. I truly believe that when one door closes another opens up, so hopefully things will work out for the best.
post #7 of 28
Wow, thats awful- I don't think thats even legal!
I hope you can find a place quickly & cheap!
post #8 of 28
Quote:
Originally Posted by babyharley View Post
Wow, thats awful- I don't think thats even legal!
I hope you can find a place quickly & cheap!
it's not. but moving is still your best option - doesn't sound like a fun place to live, IMO. but check out legalities - that way, you can tell them you know your rights, & you know you have XX number of days to move, etc. gives you more time to find the right place, too!
post #9 of 28
Definitely check into your rights. 7 days does not sound right at all.
post #10 of 28
I hope you do find something that increases the days before you move out to 30. That's just totally ridiculous!!! I would still move, but fight to increase it to 30 days.

I hope you do find something better
post #11 of 28
Quote:
Originally Posted by mybabyphx View Post
Well, some of you guys may remember me telling you about the $100 fine for leaving a towel in the gate to the pool. Stupid HOA! Then I got a warning for people being able to see stuff on my patio from the road. (We had our noodles and rafts on the patio outside, leaning up against the corner) Then we got a $100 fine because we had glass at the pool. Then they told our room mate he had 1 week to get out.
Good grief! What an awful place to live!

Sorry you have to move, but by the sounds of it it will be more positive than negative.
post #12 of 28
Quote:
Originally Posted by Natalie_ca View Post
Good grief! What an awful place to live!

Sorry you have to move, but by the sounds of it it will be more positive than negative.
But only giving one week is not right...please look into that
post #13 of 28
in addition to them only giving you a week, which if you're paying your rent REALLY does not sound even close to right, they have to give you written notice I believe, not just "you have a week to get out"
post #14 of 28
Good grief! I remember your other post about the towel and I'm sure this is a blessing in disguise, but do see what your rights are! Are those fines even written into your paperwork for living there?

I know where we live the park has caught a lot of people off guard because the fine print says that maintenance of trees and shrubs are the people who live on whatever lot the tree/shrub is. So when we had a very large dead tree limb balancing over DH's bedroom (before we were married) we had to talk with the neighbor who had just moved in. DH felt so bad because she was single and pretty young, so quite obviously just starting out on her own. But then he didn't want to wake up with a tree on top of him either!
post #15 of 28
They fined you a $100 for a towel? Wow. I wouldn't want to live in a place that was so strict over rules. The place my boyfriend lives always gives you a written warning, with a time limit to fix the problem. If you dont fix it then they fine. For instance one time he had tires on his porch which I guess was a violation, so they gave him 2 days to move them, and if he didnt after that he'd recieve a fine. The place where your living seems very unforgiving. If thier not careful everyones going to be moving away. I know I would be.


And the 7 days thing can't be right. Check your local laws.
post #16 of 28
You should legally have 30 days to vacate the place.Look into that!!!!
post #17 of 28
Thread Starter 
Ok, I just need to clarify something I don't think I mentioned before. Our landlord told our roommate that he had 1 week to get out. Not me and my boyfriend, just the room mate. Our landlord knew beforehand that we had a roommate, even though his name was NOT on the lease. So technically, I think he can legally kick him out in 7 days (since he's not on the contract).

My roommate is from Iowa. He moved here to Arizona from Iowa... not knowing anyone except my boyfriend and I. He now has to get out by this Saturday, with nowhere to go!

We are all moving now.
post #18 of 28
Thread Starter 
I had another quick question. (If you guys don't mind)

I haven't paid those fines yet, as I just found out not long ago, and I don't know whether or not I HAVE to pay them. I was never given anything written stating that I have a warning/fine/whatever. My landlord just called and told me about it. Obviously, the HOA doesn't discuss this with the tenant as they just called the landlord right away. I was given 2 different fines, each of them $100. Plus,Nothing written, I didn't sign anything, and why didn't they give me a warning?

I always pay my rent, full amount, on time... I think they are going to tack on these fines to my rent though!


I hate HOA!
post #19 of 28
i wouldnt pay them ( the fines) you have nothing but a verabal on them, so its hearsay.

I would look into your rights as well, AND getting your security deposit back. Its the LEAST you deserve for all the CRAP you put up with.
post #20 of 28
Homeowner's associations are one of the scourges of modern society... too much power in too few hands, and abuse is rampant.

In a neighborhood near ours, the HOA was adamant that people had to have real wood shingles on their roofs, because anything else looked "tacky." After half a block burned down due to wind-borne sparks hitting those wooden shingles, the homeowners finally revolted and the almighty HOA rule was overturned.

When my folks moved in here, a lovely woman came by to welcome them to the neighborhood and sign them up for the homeowner's association -- "Just a formality," she told them, "you're automatically members anyway."

It was a blatant lie, and luckily, my mom didn't fall for it. Turned out that membership was strictly voluntary -- but once they got your signature, you were legally bound by their petty little rules.

You left a towel in the gate? AUGH! I'm surprised they're not going for the death penalty!
post #21 of 28
Thread Starter 
Quote:
Originally Posted by CarolPetunia View Post
You left a towel in the gate? AUGH! I'm surprised they're not going for the death penalty!

Yes, I admit, I left a towel in the gate to the pool. I only did it because I ran back to my condo real quick, and then right back. My boyfriend was sitting by the door waiting for me-at the pool. There was no sign up saying "Close the gate- or else!" I do understand their point of view, they don't want kids wandering into the pool. I understand, but couldn't they have given me a warning?
post #22 of 28
Is there a written HOA policy? That may be where you would find the fee establishment. technically when you signed the lease you are agreeing to the terms of living in that condo.

I would ask the landlord for a copy of the policy if and only if he threatens court procedures to get his petty $100. most likely they won't take action though...the court fees themselves would not be worth the $100.
post #23 of 28
Quote:
Originally Posted by CarolPetunia View Post
When my folks moved in here, a lovely woman came by to welcome them to the neighborhood and sign them up for the homeowner's association -- "Just a formality," she told them, "you're automatically members anyway."

It was a blatant lie, and luckily, my mom didn't fall for it. Turned out that membership was strictly voluntary -- but once they got your signature, you were legally bound by their petty little rules.
Holy crap. All I have to say to that. We had a nasty HOA where we used to live. Your house/anything near it could be the wrong shade of beige or white.

I'm glad you're moving--at first I was confused, and thought you lived in a house and had your own pool and someone was fining you for it..
post #24 of 28
yea some people are just downright nasty. the other day a "perfectionist" co-worker was emailing his HOA (I was in his office at the time so he told me about it). Basically he saw signs of a mouse OUTSIDE of his house. He was emailing his HOA contact saying that this issue needs to be addressed.

I'm trying to keep my mouth shut at work, but I just felt like saying "Why don't you get off your butt and call pest control yourself?! Oh and next place you purchase you may want to look into buying a bubble!!"

I understand that HOAs can be good, but the more I hear about them, the more I think its just a bunch of anal-rentative people that have nothing else better in their lives.
post #25 of 28
This is the same reason that when I bought a house I refused to go into a subdivision with a HOA.

Ok sure that means I'm stuck with a neighbor who thinks a rusty tractor is a lawn ornament... but I don't need someone telling me what shade of white, how high and how many gates my fence should have - that is, if I were allowed to have a fence at all! No. Thank. You. I'd much rather live with the rusty tractor that I almost never see anyway

But good on you for getting out of there... that just seems like overkill. I have full faith that you and your roommate will find a much better place
post #26 of 28
Thread Starter 
UPDATE:

I still haven't paid those fines!

Our landlord brought over the letter that HOA sent him. The front page of the letter pretty much states that the landlord is supposed to evict ALL tenants, or he will get fines. Included with the letter was the list of rules/fines of the HOA (which no one EVER showed me before). It says right in the paper work that the home owner (which i am not) is held responsible for any or all fines. If they are not paid by the 20th of the month, you get more fines. They even have something in there if your fines exceed a certain amount, and are not paid, they can and will stop maintenance on your property.

In the letter that the landlord received, the very first page said that we were "regularly seen with glass products at the pool". Wow, that makes me sound like an alcoholic or something! I wonder what their definition of 'regularly' is.

Plus, if you get $250 in fines from the HOA, you are kicked out of the community pool, tennis court, laundry facilities, and even from my assigned covered parking space. (Luckily, I only have $200 right now)

My boyfriend (John), our roommate (Jeremy), and I (Tiffany)... are moving! We don't know where, we don't know how... but we have to I guess. It's the best thing for us at the moment.

Thank you for everyone's support. I will definitely keep you updated!
post #27 of 28
I realize it isn't very nice to have to move, but most of those places have rules in place for very good reasons. My brother got a very deep cut in the bottom of his foot when he was a kid because there was a piece of broken glass in the water and not visible to him. Most places that I've ever been to do not allow glass containers around the pool area.

If they don't impose fines or some form of "punishment", then people don't take the rules seriously and ignore them. I personally would be willing to pay a little more to live in a place like that where rules are enforced. I used to live in a beautiful apartment building in downtown Toronto - now it's a slum building and heartbreaking to see the degeneration.

It sounds as though this isn't the right kind of place for you folks anyway, so it's probably much better for you to move to a more appropriate place.
post #28 of 28
Yikes - good luck with the move. Hopefully you will be able for find somewhere quickly and hopefully it will be better then where you are.
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