I'm having trouble with some old people that live beside of me at my condo near myrtle beach. Anytime I shut a door too loud or go up and down the stairs too loud they call and complain to the president of the home owners association and now they're having a special meeting to try to evict me. How can they evict me when I own my place?? Anyone else have any experience with something like this? I could understand them calling the cops on me for noise violations or something but they actually haven't even TOLD me they're trying to kick me out, I just happened to hear that thru a friend of the neighbors who was warning me what was happening..

Any advice?

[Edited on July 22, 2007 at 7:21 PM. Reason : a]

7/22/2007 7:21:27 PM

If it is possible to evict you from your own residence, then that is absolutely fucked up. I imagine that the homeowners association could fine the shit out of you. . .

Is there some way that you could show that the old people are being unreasonable? My husband and I live in an apartment where you can always hear the neighbors come and go whenever you're in the living room. And none of our neighbors are loud. . .it's just that it's a cheap door.

Maybe you could suggest to them to get a thicker door?

7/22/2007 7:27:35 PM

i'm willing to bet you make a little more noise than you are letting on but at the same time they could very well be unreasonable

do you not have a copy of the rules of the HOA?

7/22/2007 7:33:08 PM

The homeowners association might be able to bring a lawsuit against you for breaching homeowner's covenants, but you certainly can't be evicted from a place that you own.

That said, i'd take a few minutes to read over your homeowners association covenants. Don't claim responsibility for anything, and ask to see copies of all documentation about the issue.

If you're feeling threatened, you should probably contact a lawyer.

7/22/2007 7:34:42 PM

Last night we did get pretty loud..thats the reason for all of this, THIS time. I've had problems with them already (see the letter in my pictures) and half the shit really wasn't me. I'm just the young person there so they blame it on me. I expected they would have fined me, called the cops, came over and bitched, etc.... anything besides trying to evict me. I've read something about if you don't pay your HOA fees then you can then be forced to not live there but they can not make you sell the place. I was actually late on the fees (sent the check in last week) because all my mail for that stuff still goes to my parents place and I had forgotten all about it. I bet they'll try to use that as a reason to evict me though. They can fine the hell out of me I don't care but damn evicting me is a bit extreme

[Edited on July 22, 2007 at 7:39 PM. Reason : asdf]

7/22/2007 7:38:42 PM

there is always that one person in the apartment complex that is complaining and calling the cops. this guy that lives in ours is always calling the cops on us for noise and trying to get our friends cars towed. complete douchebag, but i guess you get these kind of people when you live in a non college apartment

7/22/2007 7:40:35 PM

is it just their word vs. your word or do they have actual evidence and multiple eye/ear witness accounts?

7/22/2007 7:46:50 PM

yeah..see the ppl above me only come like once a month at most and they're pretty loud too and the woman under me isn't there during the summer.. So, if this one damn person beside of me wasn't there or wasn't a douche about everything then it'd be awesome

7/22/2007 7:47:44 PM

Quote :

"is it just their word vs. your word or do they have actual evidence and multiple eye/ear witness accounts?"

pretty much me vs them, but the president of the HOA heard us last night. I dunno how that would stand up in court but besides a few cigarrette butts there isn't any evidence really

7/22/2007 7:48:24 PM

heh the story has changed since your first post quite a bit

7/22/2007 7:55:21 PM

This is why HOAs suck

7/22/2007 7:59:49 PM

yeah HOAs do suck

until you have some asshat move in next door and then proceed to raise chickens in the front yard, have a car up on blocks, throw all their trash in the yard which they never mow and basically do everything they possibly can to lower your property value

[Edited on July 22, 2007 at 8:05 PM. Reason : *]

7/22/2007 8:04:57 PM

story didnt change..just added more of it

7/22/2007 8:07:08 PM

^^^yeah, democratic organizations to preserve the integrity of the community...wtf were people thinking

[Edited on July 22, 2007 at 8:08 PM. Reason : ^]

[Edited on July 22, 2007 at 8:09 PM. Reason : and i don't think they can force you out]

7/22/2007 8:08:01 PM

you're a buncha commies

7/22/2007 8:12:41 PM

they probably don't like living next to homosexuals

/chit chat

7/22/2007 8:14:42 PM

the problem is as with any society people get labeled in the community

like me... they think i'm spoiled cause i live alone in my nice 2 bedroom uptown condo... i couldn't have a good job and have afforded it by my self... nope... i must have rich parents that bought it for me.


but being a young guy in an old community is the worst.
atleast my neighbors are young.

7/22/2007 8:17:30 PM

HOAs don't protect the integrity of a community, and they most definitely are not democratic. They charge dues and rarely provide anything in return.

7/22/2007 8:18:27 PM

Yeah, exactly. I can say mine did help when we had a lawsuit with the owner of the golf course. He wanted to shut it down and build more condos even though the master deed says he can't. So, we won the lawsuit but it cost us like $200K so all our fees went up like crazy to pay that off..

But, besides that it just gives some old fucks a reason to get together and find something to bitch about. Hell I probably was too loud last night but a loud night or two isn't anything close to ground for eviction, imo anyways

[Edited on July 22, 2007 at 8:27 PM. Reason : ^^had the same problems..they told my guests that I was lying and didnt own my place one time..]

7/22/2007 8:24:43 PM

every election year you always hear about complaints and fines from a HOA being issued against a resident who posted campaign signs for certain candidates. Then you'll go 2 houses down and find one of the board members for the HOA has campaign signs for the opposing candidates in his yard.

7/22/2007 8:27:33 PM

the board members are all two faced as hell at my place. not a single one of them has came to me and said to my face that i was being too loud or there were any problems what so ever. they even DENIED they had anything to do with the letter i got originally...but I'll bet he's the one starting up this whole eviction thing now. ah well, we'll see if i hear anything tomorrow

7/22/2007 8:31:24 PM

My folks have a great HOA that owns and runs the whole Lake Monticello community up near Charlottesville, VA. That place CAN evict your ass for a number of offenses, but I don't think they've ever done it since my folks lived up there. However they do provide a lot of services for the community and its a good mix of young and old, so its not like being the young guy stuck around there.

7/22/2007 8:50:58 PM

another thing is when i bought the place i never signed shit about HOA stuff.. the lawyer didnt get all the paperwork from the HOA in time. it's probably some bullshit and just understood that i agree to their rules since i chose to live there..but hell, maybe it's an argument if nothing else works out

7/22/2007 8:54:38 PM

Quote :

"HOAs don't protect the integrity of a community, and they most definitely are not democratic"

it's like anything else, some function effectively and some don't--they don't do anything that the homeowners don't let them do

7/22/2007 8:57:19 PM

you could also try acting like a fucking respectable person.

you know, not being loud as shit late at night, not leaving cigarette butts outside et al. So far you sound like the typical shithead condo dweller that pisses everyone else off.

I can assure you that you can get trashed, listen to music or whatever else, and have plenty of fun without disturbing your neighbors. And if you smoke, put a fucking ash tray or bucket outside for the butts. Seriously dude.

I've had 20-30 people over plenty of times and we all got trashed and retarded, but didn't get loud enough to even wake up the neighbors downstairs. It's really not that hard.

7/22/2007 9:02:12 PM

i clean anything up that gets thrown down, i dont want to trash the place i'm selling it soon anyways... the ppl that were down there this weekend will never be invited again..that i had already decided before i even heard about this eviction bullshit. maybe i'm being the annoying owner now but god damn, they bitched at me the first time for letting the door slam too loud and for going up and down the steps too many times.

you could NOT have had 20-30 ppl at this place without pissing the neighbors off. 20-30 ppl coming up the stairs would have been all it took to get this bitch on the phone with the HOA president guy, seriously

7/22/2007 9:06:24 PM

Quote :

"another thing is when i bought the place i never signed shit about HOA stuff.. the lawyer didnt get all the paperwork from the HOA in time. it's probably some bullshit and just understood that i agree to their rules since i chose to live there..but hell, maybe it's an argument if nothing else works out"

id be surprized if you never signed the HOA stuff...because wouldn't that not make you a part of the HOA?

Anyways...go talk to campus legal services...I had an HOA issue, the idea that was conveyed to me was that you have to call these people out on their non compliance. If they bitch every time you close the door, look up every single rule and figure out which one they are breaking - I'm sure you can find one.

7/22/2007 9:06:27 PM

i'm not sure, but I KNOW i didn't sign the paperwork. the management company called me bitching about it a month or two after the closing. You're also suppose to have to pay 3 months of HOA fees at the closing, which I didn't do because the lawyer hadn't gotten anything from the HOA thus did not know I was suppose to pay

7/22/2007 9:08:51 PM

I'm not saying they probably arent being unreasonable too.

I've dealt with my fair share of dickface neighbors and landlords too. I'm just saying it sounds like you've established a pattern of rude behavior and they are probably passed the point of being pissed about it, so now they are just going to try and screw you at every step of the way.

Also, theres a big difference between people going up and down stairs at 7 or 8pm arriving and all leaving at 1-2am, than a constant flow of people all damn night (yea, i remember the many years of college parties like this) and people also being loud as fuck while walking up and down, staying outside on the stairs to smoke and carry on, etc.

7/22/2007 9:19:43 PM

Quote :

"I'm just saying it sounds like you've established a pattern of rude behavior"

Probably. They haven't been much more reasonable though..they go up and down the stairs at 6-7am and slam their door when they leave waking me up. I would never fathom the idea of trying to stop them from doing something like that though. I didn't have a problem with it and just considered it a normal part of close proximity living until I got a letter in the mail because of them.

Quote :

"Also, theres a big difference between people going up and down stairs at 7 or 8pm arriving and all leaving at 1-2am, than a constant flow of people all damn night"

True. Generally it's one set of people and not ppl coming and going all night or anything.. The biggest problem (I think) is people going on the balcony to smoke (as oppose to the back porch where no one would hear them). They aren't loud or anything but they're literally RIGHT in front of the womans bedroom window that is getting so pissed off about this. Ah well, they won't be back..hopefully I will be though haha

edit: and if they do give me some kind of 30 day notice for eviction they're going to see what a real fucking college style party is..they haven't seen anything close yet

[Edited on July 22, 2007 at 10:00 PM. Reason : asdf]

7/22/2007 9:59:39 PM

Quote :

"So far you sound like the typical shithead condo dweller that pisses everyone else off."

Yeah, seriously. I'm so glad I decided to purchase a detached home instead of a condo or townhome.

7/22/2007 10:33:54 PM

Yeah, the next place I buy down there is not going to be a condo.. or at least not one with so many old ppl

7/22/2007 10:39:36 PM

If you move into a neighborhood that has a HOA, do you have to be a member? What if I don't want to pay some douchy organization dues?

7/22/2007 11:50:02 PM

dont move to that neighborhood then^

7/22/2007 11:56:34 PM

i've never understood people who bitch and make unreasonable complaints on their neighbors while living in an apartment. It should be expected and part of the risk you take by living in a high density residential unit like an apartment/condo. If you are that fucking sensitive to noise and want peace and quite then you need to a fucking house or plop a mobile home in the middle of nowhere.

I guy "those neighbors" that live under me. We call him Captain Douchebag. There have been instances where I was playing music in my room at a reasonable level b.c my roommie was doing homework. Sure enough captain douchebag comes upstairs and complains about the music. I was like WTF but i did turn down the music some (note i could barely even hear the music coming from my room when i went out to answer the door originally). The next day I get a note from our leasing office saying that I had a noise complaint and if I received two more i would get evicted. This was utterly ridiculous it was not like I was throwing some raging party. Sorry captain douchebag but I am not treating my apt like the library due to your oversensitive hearing.

7/22/2007 11:58:15 PM

Quote :

"If you move into a neighborhood that has a HOA, do you have to be a member? What if I don't want to pay some douchy organization dues?"

Yes. They sue you.

7/23/2007 12:20:58 AM

Is it written into the property deed or something? That's the only thing I can think of that would force someone to pay fees on property they own other than taxes.

And even then, that seems a little, I dunno, sketchy. This HOA thing sounds like a good idea in theory with the potential to be a horrible idea in practice.

Quote :

"Yes. They sue you. "

What if you still abide by all the community rules, and don't use any of their "services" like the pool or clubhouse? Seems kinda gay.

[Edited on July 23, 2007 at 7:29 AM. Reason : .]

7/23/2007 7:28:56 AM

this is why i own a detached home in a neighborhood with out a home owners association

7/23/2007 9:00:03 AM

That's why I moved into a place with no pool or club house. I just have to pay them a few bucks each month to keep up the common areas. The only time I've heard of someone getting evicted is when he got fined for something, didn't pay the fines, and eventually a lien was placed on his house by the HOA. In my HOA faq it tells people to ask their neighbor to turn down the music if it is too loud and if that doesn't work then to call the cops. They aren't going to bother getting involved with stuff like that.

7/23/2007 9:00:25 AM

Quote :

"In my HOA faq it tells people to ask their neighbor to turn down the music if it is too loud and if that doesn't work then to call the cops. They aren't going to bother getting involved with stuff like that."

7/23/2007 9:24:04 AM

are you one of those types of people that cant walk up and down stairs like a normal person?

do you stomp up and down the steps? do you slam or shut the door very hard?

message_topic.aspx?topic=460253&page=1

reference this thread about people stomping up the stairs

7/23/2007 9:26:58 AM

i was forced to be "cpt douchebag" in my apt while i went to UF. pretty much everyone that bordered me had huge parties or were unreasonably loud. i always went and asked them to turn that shit down and they acted like i was a fucking creep for trying to sleep. only once did i ever complain to the cops and/or office though.

7/23/2007 9:29:16 AM

Quote :

"What if you still abide by all the community rules, and don't use any of their "services" like the pool or clubhouse? Seems kinda gay."

What part of this don't you understand? If there are HOA dues associated with the property, you have to pay them. No discussion. And they WILL collect one way or another.

It's just like taxes. Whether you use the roads/schools/whatever or not, you still have to pay.

7/23/2007 9:31:57 AM

they can not evict you for noise violations, they can fine you for violations, and if you dont pay the HOA can eventually put a lien on your property and forclose on your home, but that takes 6 months at least.

If they dont have any legal paperwork regarding the complaints, such as police reports for noise violations, you need to politely tell them to go fuck themselves.

They should also be sending you any letters and warnings via certified mail, otherwise you can just say you never got them. With certified mail, you must sign for them, and there is a papertrail to verify that.

Also if you didnt sign any HOA contract when your purchased the home, you arent legally bound to anything. That would hold up in court in your favor should they actually try to evict you.

7/23/2007 9:40:49 AM

Quote :

"HOAs don't protect the integrity of a community, and they most definitely are not democratic. They charge dues and rarely provide anything in return. "

haha...you are pretty uninformed.

as far as HOA's are concerned:

1. if you move into a neighborhood with an HOA, you join the HOA by buying the property. your RE agent/lawyer is supposed to provide all of that information to you before the closing.

2. HOA's have a bad name but in reality are only as good/bad as the people in your neighborhood who sit on your board. if you have a neighborhood full of assholes with nothing else to do than bitch at the slightest thing on your property, then yes, it is probably a douchey HOA. however, if your HOA has a bunch of board members who care about property values and work to maintain those values in a reasonable manner, than the HOA is very beneficial to the homeowner

3. HOA's are much, much more important in older neighborhoods.

4. if you have a problem with your HOA, join it. most HOA's have open board spots or have spots that come open each year. i was not happy with some of the procedure on mine so i joined it and have since worked to get it amended.

5. no, they cannot forcibly evict you from a house that you own. they can, however, fine the shit out of you and even place a lien against your property for owed fines if you do not pay them.

6. be a good neighbor and make an effort and you should be ok in almost all instances.

[Edited on July 23, 2007 at 9:59 AM. Reason : . ]

7/23/2007 9:57:33 AM

Quote :

"you could also try acting like a fucking respectable person. you know, not being loud as shit late at night, not leaving cigarette butts outside et al. So far you sound like the typical shithead condo dweller that pisses everyone else off. I can assure you that you can get trashed, listen to music or whatever else, and have plenty of fun without disturbing your neighbors. And if you smoke, put a fucking ash tray or bucket outside for the butts. Seriously dude."

exactly.

if you're still in college/party mode, don't move into a complex full of working adults who have a regular work schedule and keep everyone up all night.

Quote :

"Probably. They haven't been much more reasonable though..they go up and down the stairs at 6-7am and slam their door when they leave waking me up. I would never fathom the idea of trying to stop them from doing something like that though."

they are being completely reasonable. they have jobs, they have to get to work on time, etc.

sounds like you need to grow up (and move somewhere that has more people your age & similar to your lifestyle).

...and the whole thing about never signing HOA papers, being late on a payment, and all the notices going to your parents' house is sketchy. you need to get your shit together.

[Edited on July 23, 2007 at 10:17 AM. Reason : ]

7/23/2007 10:15:42 AM

I can see where HOAs can be a good thing (upkeep of park areas, beautification of neighborhood, etc), but the problems arise with corruption, abuse of power and a lack of common sense.

Googled story from Clayton, NC: http://www.newsobserver.com/152/story/558309.html

I like how the board and the family couldn't initially work out some sort of compromise.

7/23/2007 10:23:47 AM

Quote :

"pretty much everyone that bordered me had huge parties or were unreasonably loud."

there's a difference btw a party blowing up and someone just playing music. They were computer speakers for fucks sake wasn't even like i was blowing out the surround sound.

7/23/2007 10:27:54 AM

who cares what kind of speakers they are, if your neighbor can hear it, it's too loud.

7/23/2007 10:31:41 AM

Quote :

"What if you still abide by all the community rules, and don't use any of their "services" like the pool or clubhouse? Seems kinda gay."

they're still mowing the grass around the place and doing a lot of maintenance behind the scenes..not much way you can get away with doing your share yourself.

Quote :

"they are being completely reasonable. they have jobs, they have to get to work on time, etc. "

most of them don't have jobs actually and the one right beside of me who is making the most fuss does not. they just get up to go on walks and shit first thing in the morning I'm not complaining about them doing this. i'm just saying it does wake me up often times and it's totally understandable when you live right beside of someone and the place has thin walls. just seems like a double standard to me that I can be woken up at 7am but if i let the door shut too loudly at 11pm it's the end of the world. i'm not even bitching anymore about them getting mad about us really probably getting too loud

I think they're going to drop the whole deal though. legally they're suppose to have to give me two warnings anyways and even if you count the letter i got the first time as a warning, which technically it isn't, then i've still got one more. to go around this rule they'd need pretty significant evidence says my lawyer.. like video of us jumping on peoples cars or something. I also figured out the main reason so many people are pissed is my buddy (well, not so much anymore) was on the phone fighting with his girlfriend and screaming for like 30 minutes. He walked down a few buildings so I never heard him but apparently ppl in the building did..and understandably they're pissed. I didn't know anything about that until this morning though.

Anyways, should be fine now... Anybody wanna buy a place in a nice, quiet, golf community in Little River? hehe

[Edited on July 23, 2007 at 10:34 AM. Reason : asdf]

7/23/2007 10:33:22 AM