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Tuesday, January 12, 2016

A Viewer Writes: BE AWARE HOA OWNERS AND BUYERS

The by laws of Home Owners Associations means nothing within the City of Salisbury, the authority you depend on to enforce those by laws.

A small (100) home HOA in the city recently had a group, and not a majority, of it’s residents take over an association meeting. They null and voided the present board of directors with the exception of one member (who was appointed and not even elected) to appoint a new board forcing the elected board to resign. The board that resigned, and was elected, went to the city to seek assistance in the community division of it’s residents to no avail.

First they provided numerous letters including copies of the by laws and covenants of the community and never got any reply. Finally the newly elected Mayor Jake Day, called using his cell phone disputing facts set forth in the last letter from us. He left a message to call him back. I left three messages and never got any return call. I finally sent a certified return receipt letter and got a meeting set with the Mayor. He was cordial and promised to look into all that had transpired and get back to me by the following Thursday of that Week. This meeting was 12-28-2015 and as of today January 11, 2016 no call or any response what’s so ever. This mayor has plenty of time to get his picture in the paper but no time to assist the citizens of his community.

The city attorney called the attorney of this illegal board to tell them what they were doing was alright using a statue that exists only for legal capital stockholders of a corporation. The group of residents that made the compliant was never contacted by the City Attorney so they could rebut his decision. A mistake that could be corrected if the mayor and the city attorney took the time to correct

The board whom we consider to be illegally appointed and their newly elected board we understand has spent the associations money to pay for an attorney to defend their actions. This further makes all of this a gross illegal action. There was a legal election on the day they took over the meeting re-electing the president and treasurer of the then existing board and this militant group have decided to ignore the results of that election. All of this has transpired within the city of Salisbury, MD under the auspicious of our Mayor Jake Day. So fellow city residents be aware if you reside in a HOA or considering buying into a HOA you too could be the target of disgruntled fellow neighbors and you also will not get any support from your city Government, the authority that you need and expect to correct this action.

14 comments:

Anonymous said...

This is why HOA's are ridiculous. (One of the many reasons). You buy a house, why give up your right to do whatever you want on your property? Willingly...and you fools even PAY them. Fools.

Anonymous said...

Local or county governments are not responsible to enforce HOA's

Anonymous said...

Same ting happened at Eastfields in Fruitland. Unfortunately this is a Civil matter and not a Criminal matter. What is it exactly you want the Mayor to do?

Anonymous said...

HOA's are just short of communism when you allow another to dictate what you will and will not do with your property. If you don't comply with their dues and rules they can and have taken ownership of properties. Why would anyone even consider paying to live like that? Is it so you can have the "right address"? Sounds more like you got the wrong address. Are people so weak minded they need someone else to dictate how they will live and maintain their property? HOA's and the people living within them need their heads examined.

Anonymous said...

They want the mayor to do whatever they ask regardless of whether it is legal, responsible or otherwise. These people seem to suffer from the "gimmie, gimmies" now too. People never cease to amaze me. You do realize that there are other people living around you, working around you and probably sitting right next to you. You seem to think that being civil and working within the system is a thing of the past. Its okay now to think that 3 years of bitching to your wife is doing something. Then you hatch a ridiculous scheme with your equally idiotic neighbors to overthrow an HOA board? THEN you ignore the fiduciary responsibilities to your neighbors that comes with the position and spend the money on lawyers to defend your moronic actions.

If I lived there you would bet that the people responsible would feel the pressure from the consequences of their actions and I dont mean running to the new pansy in charge of the city.

Anonymous said...

More village idiots with zero clue....

Anonymous said...

I would not buy a home in any area that has a HOA. I don't want anyone telling me what to do with my property that I purchased. HOA's serve NO PURPOSE and are intrusive and obnoxious.

Anonymous said...

Every tale of woe has at least two sides. If the anonymous writer of this anonymous HOA wants action, the writer should give facts - to the lawyer the writer and his disgruntled fellow neighbors hire. Each HOA has its own by-laws along and a lawyer. The two lawyers can duke it out. If that doesn't work take the case to court. .

Does the by-laws of your HOA mention anything about the Mayor of Salisbury settling disputes of disgruntled fellow neighbors of your anonymous HOA? Read your HOA as to how disputes are to be settled. Go to the meetings, express your opinion. If you still are not satisfied - hire a lawyer. Citizens of Salisbury cannot be legally involved with your anonymous HOA. No need to trash Mayor Day either. I note Mayor Jake Day was the only non anonymous person, place or thing you whined over. umm

Anonymous said...

we were told that when we bought our house 10 years ago, in fact it was the realtor that told us that HOA were unenforceable within city limits

Anonymous said...

I live in a neighborhood with an HOA. They send me a letter once a year about paying someone to cut the grass around the signs. I have put what I want, where I want in my yard and nobody says a word. Some people I guess just need to complain. Plus, this mayor is actually doing work, so give the guy a break, its not his fault that you are so miserable that you cant get along with anyone who doesnt do what you want or like.

Anonymous said...

Oh please!

The Mayor has nothing to do with and no authority over your HOA. Educate yourself and take care of your business YOURSELF!

Review Title 11B-Maryland Homeowners Association Act. You may be able to get assistance from the Maryland Office of the Attorney General.

Also, is your HOA incorporated? If not, the officers-present and past-may be legally sued for misconduct. In particular they have not/are not exercising fiduciary responsibility to HOA members.

You best bet however - dissolve the HOA!!!!!!!!!

Anonymous said...

P.S.
Check your deed. Don't rely on realtors or others telling you there is an HOA.

Anonymous said...

Did you sign a covenant when you bought the house? If you did, then you are bound by the rules of the covenant.

Anonymous said...

there are 2 sides to every story. The person who wrote this is the person who has held HOA
property, information, a computer that belongs to the association' and many other items
that required the association to get legal help to recover. He is probably the same person that at an owners meeting threatened to walk out and lock everyone in the church, the same person at the meeting who was making comments about an owner that were slanderous.

Now you know the real story and what this person is like.