I'm wondering if any others on the site live under an HOA and their rules. I am considering getting an attorney to sue my HOA for breach of contract, for not enforcing their own bylaws/rules that I had to sign to buy my home in this subdivision. They don't enforce the rules on a horrible neighbor and I am worried that I won't be able to sell my home due to the crap homeowners next door. They have not mowed their grass in months, it is 2 to 3 feet high right now. Their poor dog chewed a hole in the wooden gate to escape the hell hole of a back yard she keeps them in 24/7. The barking is non stop from those poor dogs. I have contacted the HOA with pictures of the mess, contacted the police about the non stop dog barking and they say they can't do anything unless there is actual abuse. I guess keeping dogs outside in all weather is not considered animal abuse. Has anyone else had an issue like this with an HOA? I'd like some feedback as to whether this is an option I could pursue. Thoughts and or advice would be appreciated.
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Feel free to reply to any comment by clicking the "Reply" button.Contact the local SPCA and see if they have an answer or animal control?
Mike1947
Level 7
Feb 16, 2019
1
I have been contacting the animal control for over four years now. I did succeed in getting the sheriff's department to actually come and pick up one of the dogs that was in the worst shape. She then went and got more dogs! This is Texas for you no animal is safe living in this state with the people in charge who could care less about their health and survival.
Punitive damages will set all HOAs on notice to earn their fees by due diligence and contract COMPLIANCE....
GreenAtheist
Level 8
Feb 16, 2019
1
If the dog abusing owners refuse to admit the rules violation....you could deduct all previous HOA fees from your mortgage payments or demand a refund .. ...ask PETA to come picket the bastards abusing the dogs ....call the TV stations ....radio....biggest newspaper and publish complaints again and again....keep a daily log of the problems TAPE RECORD/VIDEO with time of day with the neglected barking dogs.....get appraisals of your house the perpetrator house and the best similar sq footage house out of sight of the perp house....all that establishes actual damages then sue for punitive damages lost sleep lost enjoyment of your property AGAINST THE HOA and perp....if that does not make the idiots now the grass and take the dogs inside....sell and never buy inside hoa again
GreenAtheist
Level 8
Feb 16, 2019
1
Believe me, I will NEVER buy within an HOA controlled neighborhood again. They are nothing more than an extra pot of money for the fucking builder's. This was our first time to buy with an HOA subdivision. I thought I did my due diligence by contacting the HOA, and asking if they allowed fireworks as Richard had severe PTSD and fireworks put him into such anxiety he had to take enough medication to put him out in order to deal with it. They told me no fireworks allowed and that they gave out fines for doing so. Guess what? The fireworks went off two weeks before and after July 4th. Nothing done. These HOA overlords take your money and give nothing in return. We have one small pool for over 2,000 homes and are still building more and they tell us we won't get another pool to accommodate all the new homes! I've been able to use my pool exactly 4 times since I bought in 2014 due to the pool being over crowded.
We live in the same city, most of its unincorporated. The sheriffs( rent a cops, I call them) are pretty useless. You probably won’t get the HOA to do anything until you continue to keep writing and have your other neighbors write as well. If it’s an email, copy the state attorney general.
As for the dog, it’s very difficult to get an animal removed for some reason. I read a whole saga on the Nextdoor app play out as a woman was witnessing a similar situation and felt helpless. Police wouldn’t do anything. SPCA neither. It was Greatwood though, so they were Sugar Land PD.
Green_eyes
Level 8
Feb 16, 2019
1
Thanks for the mention of writing the state AG.I will start sending him every bit of corespondence between me and the HOA. Someone needs to hold these HOA's to account. I pay them 700 dollars a year for nothing in return!
My experience with HOAs haa been contractors protecting their suppliers....forced a woman to change her new roof from black to Brown asshole HOAs usually are tenant run and they play favorites....yes a lawyer can cited chapter and verse of the contract AND DEMAND COMPLIANCE
GreenAtheist
Level 8
Feb 16, 2019
1
Thank you. Good to know. I will contact an attorney.
@Redheadedgammy only take an attorney who works CONTINGENT upon winning meaning you pay nothing if you lose....makes the lawyer work hardest and never costs you legal fees....s/he will investigate HOAs history and similar neighborhoods and legal history in your county/parish/city/state
Check your town ordinances, which may include one on noise. The cops may not want to be bothered.
UUNJ
Level 8
Feb 16, 2019
1
I did do that, but since where I live is considered unincorporated, we only have the option to call the County Sheriff, and they say the noise ordinances don't apply and I need to rely on my HOA to get anything done. It seems we who live out here have no rights to peace and quiet.
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