For quite some time I've been at the short end of an HOA's long stick. I have a rental property located in an HOA here in Beaverton, Oregon.
As much as I try to understand their logic, I come up with the same conclusion, over and over again. And it seems I'm not alone.
Home Ownership: Have You Met an HOA Nazi
The same HOA rank and file mind-set continues. Not only for me, but for quite a few lucky folks who seem to have gotten stuck in an HOA's cross-hairs.
My problems started when, for some reason, the lovely HOA people set their sites on my property, which they know is a rental. The notices started to come out a few years ago . . . for weeds.
One year, the tenants received notification about the weeds in the front yard. The only problem was -- it was DECEMBER!! And December in the Great Pacific NW means: Very cold, damp, rainy weather. Nothing grows in December. No one is outside pulling weeds in December . . . because they're just aren't any to pull. The tenants and I were dumbfounded. We couldn't figure it out.
Here's the thing . . . whenever I am in receipt of a notification, the tenant's are notified. The matter is cleared up within a matter of a day or two. Here's the rub, because I'm the owner, the notices ACCUMULATE. So if a notice has gone out in year's past, it's considered an "on going" violation. Even though it might be from previous tenants, the "notices/fines" are on me.
Right now, the lovely folks at the HOA are assessing me over $600 for "weed violations," all of which have been corrected.
My concerns are:
- There doesn't seem to be any "DUE PROCESS" for the fees. They're just imposed.
- Someone drives by the property, snaps photos, sends off nasty letters, and BAM -- YOU PAY FINES NOW!
- I've asked them for their "definition" of weeds, and nothing has been forthcoming, although they do cite "dandelions, clover, etc." in one of their letters.
- The property is NOT in violation of ANY STATE, COUNTY or CITY statutes regarding "weeds," noxious or otherwise. But this HOA seems to feel they have jurisdiction over state, county and city codes/statutes.
I'm not a slum lord. The yard has never been overgrown, or overrun with weeds. The "PERCENTAGE" of "weeds" vs. the front lawn would be . . . 95% GRASS, TREES AND SHRUBS vs. 5% weeds (when they have issued notices.) I wouldn't call that "overgrown" or in violation of a vague and ambiguous HOA "weed" rule / regulation. The yard has been MAINTAINED. There has been no devaluation in properties as a result of the "weeds," or harm or injury to person or property.
What does cause INJURY . . . is the $600+ "arbitrary" fine . . . over a NON-ISSUE! It injures my pocketbook! The threats and harrassment are annoying.
Would you like to read that some non-governmental entity can LIEN YOUR PROPERTY over weeds . . . with no legal due process? Some smucks get elected to the "BOARD" of the HOA . . . they have a law firm on retainer, and then the bully-tactics begin.
You'd think this was a COUNTRY CLUB and not a normal, everyday . . . weeds happen . . . kind of working-class neighborhood.
I'd like to personally thank Senator B. Starr for his sponsorship of a bill that allows HOA's to fine, lien, and assess. Thank you, thank you, thank you!! There's not one thing about the property owners' DUE PROCESS anywhere that I can find. Maybe I'm missing something.
And what they did to my next door neighbor, Glen. OY VEY!! A frail man, now in a nursing home -- and how they harassed him over issues of a dead tree in his yard. SHIT -- all they had to do was post a "FREE FIREWOOD ... YOU CUT" ad on Craiglist, and they would have had that dead tree gone FOR FREE in a day!!
Glen is now on his final path . . . and they had the nerve to harass him during his final days of living in HIS HOME OF OVER 30 YEARS!!! I wonder what they "fined, assessed, levied" against him . . . I'm sure with legal fees attached. The HOA won't have a problem filing a claim on his estate, I'm sure. And this is how we HONOR our SENIOR CITIZENS?!? GEEZ . . .
TARAXACUM -- aka Dandelion. DID YOU KNOW . . . the lowly Dandelion has medicinal uses and is totally edible? "A cup of dandelion leaves contains 112% daily recommendation of vitamin A, 32% of vitamin C, and 535% of vitamin K and 218 mg potassium, 103 mg calcium, and 1.7 mg of iron."
There is evidence that the dandelion lowers blood sugars (great news for diabetics). It's a source in many cultures for use in liver detoxification, it's a natural diuretic, and contains anti-oxidants. The Dandelions' leaves and buds are used in cooking for Mediterranean food (Sephardic), Chinese, Korean, and Greece cuisines.
With ALL the benefits from Dandelions, the front yard should be full and overflowing!
Your "Weed" is my "Herb"
Cedar Hills Crossing in Beaverton will host a Trick-or-Treat Halloween tomorrow, October 31st from 5:30 - 7:00 p.m.
