HOA wants me to sign agreement or face eviction

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Latest post 10-08-2009 12:47 PM by Drew. 6 replies.
  • 10-08-2009 12:02 AM

    • jp3535
      Consumer
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    • Joined on 10-08-2009
    • FL
    • Posts 1

    HOA wants me to sign agreement or face eviction

    I have been renting a privately owned condo for almost 2 yrs.  Recently I got some letters from the home owners association saying that they want me to sign this application to become an "approved" resident.  And if I do not sign it I will face having my vehicle towed and possible eviction. 

    I also know that my landlord has not been paying the maintenance fees to the association, and there are some clauses in the application that sound like they want me to take responsibility for the owners debt and or possible attorney fees that might incur.  

    There are some other parts of the application, that I did not agree with, so I told them today that I will not sign this agreement, and they needed to talk to the owner regarding any maintenance fees that are owed.  They proceeded to tell me that they will tow my car and possibly evict me since I will be an "un-approved" resident. Apparently I won't be getting a parking sticker since I won't sign the agreement.  Let me also mention that I have 2 designated spots for my unit!

    Do they have any legal ground to tow my car and possibly evict me based on the fact that I won't sign their agreement?

    I really appreciate any advice!!

     

  • 10-08-2009 12:18 AM In reply to

    Re: HOA wants me to sign agreement or face eviction

    jp3535:
    Do they have any legal ground to tow my car and possibly evict me based on the fact that I won't sign their agreement?

    I don't know.

    But the bigger question is what will you do about it if the HOA tows your car and files for eviction?

    I suggest you talk to an attorney right now while it might cost you just a little rather than wait till the S.H.T.F.

    A properly written attorney's letter to the HOA and your landlord might nip all this in the bud.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-08-2009 10:54 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,151

    Re: HOA wants me to sign agreement or face eviction

    I agree--get a pro to comment---and at a minimum you want the pro to have copies of

    1. Lease

    2. HOA bylaws/rules/regulatio... they call them

    3. Proposed agreement.

    In general your deal is with the LL --but problem is so far we don't know what limits there is on HOA conduct--so before / if  you tell HOA to go pound sand you need to know strenghts of each players cards .

     

    Odds are HOA has problems with owner and I don't blame them to try to put heat on you so you either  put heat on him or you eat it. But you are 100% smarter to sort out the cards before you play with them!

     

    Suggestion--were I in your shoes, before this hits LL, I might try to get a written extension - option to extend for say 3 each 1 year more increments at 6% per year increase in return for $100  (Or whatever % makes sense in your area) ---why --to inhibit LL pulling the plug at end of current lease!  And if leases/options are recordable in your state I'd get it in recordable format and go record it.

     

     



  • 10-08-2009 11:03 AM In reply to

    Re: HOA wants me to sign agreement or face eviction

    See a lawyer now before you do anything more. While your rental agreement is with your landlord and he must honor the terms of that agreement, all that does is give you a remedy against the landlord after the fact if the condo association tows your car and/or goes to court to evict you. The condo association owns the parking lot and the parking in that lot is controlled by them and whatever rules they have. As a result, they very likely can tow the car for being in violation of their rules and may even be able to stick you with the bill for it. And depending on the condo assocation charter and by-laws, they may indeed have the right to go to court and seek to evict you. Don't wait until you are stuck in a bad situation before seeking legal advice and help.

  • 10-08-2009 11:15 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,151

    Re: HOA wants me to sign agreement or face eviction

    Get legal help NOW--this is essentially a contract law matter --or for somebody with a track record as to HOA disputes from the  owner or occupant side --HOA is  not every lawyers cup of tea--ask about skills areas up front-and/or get referral/suggestions --but get started NOW!

    Expect to PAY for competent advice ----but it will be cheaper NOW than trying to get your car out of impound or some such problem.



  • 10-08-2009 12:42 PM In reply to

    Re: HOA wants me to sign agreement or face eviction

    I doubt they have standing to evict you.  Eviction occurs between two people with rights to property, with the party with greater rights evicting the other party.  I cannot imagine that the HOA has any possessory rights over the rental.

    Towing the vehicle is quite possible.  Your landlord could only contract to you the rights that he had.  If the HOA, and not the homeowner, has rights over parking, then he could not convey such rights to you.

    If you get evicted, you have a potential action against your landlord, likely.  But, again, I can't imagine the HOA having any right to evict.

  • 10-08-2009 12:47 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,151

    Re: HOA wants me to sign agreement or face eviction

    Ditto as to designated parking spaces which run with ownership and lease----but I still suggest prevention is easier than trying to get your car out of impound after it was towed away and impound fees were designed by a lawyer on speed mode.



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