indiana hoa covenants non enforce remedy

#Indiana hoa covenants non enforce remedy plus

Instead, their HOAs communicated in writing, with terse letters from management agents, and legal notices from HOA attorneys. In both Indiana HOA-governed communities, the homeowners say that no one from the Association ever bothered to talk to them face-to-face. Well, this is old news to homeowner advocates and readers of IAC.īut maybe there’s still a few folks in America who don’t know just how far their HOA can go to collect $150 in unpaid assessments. Kovacs told Kenney that HOAs have ‘huge’ powers to make your life ‘miserable.’ Kara Kenney interviewed Fishers attorney Pete Kovacs, who represents homeowners in disputes with their HOA. He hopes that will take care of the lien and stop the Association from moving ahead with a foreclosure. McMillen tells RTV-6 that, when he found out about the $700 lien this February, he paid his HOA. That $150 payment, with interest, late fees, and HOA attorney fees, grew to at least $700. Terry McMillen, who lives in North Harbour of Noblesville, Is on the verge of losing his home to HOA foreclosure over a single missed assessment payment of $150. Even crazy rules.įorget to pay your HOA dues? You’ll risk lien and foreclosure A judge will almost always decide that “you agreed” to abide by HOA rules when you bought or leased your home. Unfortunately, state laws give the legal advantage to your HOA, not to housing consumers. It’s understandable that, once in a while, a homeowner might need to bring the work vehicle home every now and then, if only to load or unload cargo.īut if your HOA is hell-bent on strict enforcement of rules and collection of fines, don’t expect any mercy.Īfter all, there’s plenty of power to be abused, and lots of money to be made.īut, as Kampmeier has learned, if you decide to not pay the fines, and fight your HOA, don’t expect an easy win in court. Sometimes it means leaving the work vehicle at your place of employment or your business, then using alternate transportation to get you to and from work every day. Sometimes that means paying for a parking space, then walking a quarter of a mile to and from your house, at least twice a day.

If you live in HOA-ville, you might be forced to find a place outside the neighborhood to park your vehicle overnight. Some even stake out your house day and night to catch you violating HOA parking restrictions, even if it’s just for a few minutes or a few hours. I hear reports from some homeowners that their HOA can be absolutely militant about rule enforcement. It doesn’t seem to matter to your HOA, and some of your uppity neighbors, that the vehicle you drive is absolutely necessary for you to earn the money to pay your mortgage, taxes, and HOA fees. If you own or use an otherwise ordinary sedan, van, or pickup truck, but it has a company logo, or it’s used to haul tools or equipment, look out! There’s a good chance your HOA will insist that you either hide the ‘unsightly’ vehicle in your garage at all times, or - preferably - park it somewhere outside of your community. And to help ensure compliance, most CC&Rs also don’t allow a resident to park certain types of vehicles in the driveway or on the streets within a subdivision.Īs explained previously on IAC, HOAs routinely enforce and enact rules that make it difficult, if not impossible to be a business owner, or even a skilled contractor working for a local employer. It’s very common for the CC&Rs to limit your property to “single-family” and “residential” uses.

#Indiana hoa covenants non enforce remedy plus

Now Kampmeier is on the hook for $45,000, the amount of her fine, plus attorney fees - the HOA’s as well as her own. The homeowner says that she promptly removed the van, and that she has never conducted business at her home.Įven after she complied with the rules, she say her HOA sued anyway. So Kampmeier got a violation letter, informing her she needed to remove the van from her property, and cease doing business out of her home. She made the mistake of parking her work vehicle - a wine and beer van for her mobile event catering business - in her home’s driveway on a few occasions.īut Covenants, Conditions, and Restrictions (CC&Rs) at Lakes at Hayden Run prohibit parking commercial vehicles in the community. RTV also reports that a “handful of lawfirms” sued HOAs homeowners when they fell behind in their HOA assessments and fees, or when they violated HOA covenants, restrictions, and rules.