Thanks for the input and replies. I the CC&Rs don't have Spring Clean Up listed, nor does it list anything about shoveling our walks. The CC&Rs, however, need to be updated as they were established in 1980 so I'm sure when they are updated, this stuff will be included. I'll be speaking at the next HOA meeting in June regarding some of this stuff. I guess what bothers me the most is the "bossy" and threatening way this was done. You WILL do this, you WILL do that, or WE WILL MAKE YOU PAY andif you don't pay, we WILL put a lien on your property!!! Okay, perhaps it's the same folks doing the same things, and other sitting on their duffs who never help, and these bossy people are just frustrated at it all, so they have to sound bossy. Bossy just doesn't work with me as well as reasonable requests work! As for the Spring clean up, instead of threatening to charge everyone who doesn't participate $75 for 3 hours of clean up, why don't they just hire a local high school kid thru the career center on campus...there's enough adults in the association to supervise! We sure wouldn't have to charge people what breaks down to a 3 hr minimum at $25/hr for that! The going rate for general yard cleanup is minimum wage, or perhaps $8 to $10/hr if you hire your nephew! I'd definitely like the choice to clean up around my particular townhouse first, then extend my clean up to the community part of the property. Also, I always think it's good to offer people a choice, like, would you like to clean out the pine detritus under all the trees or would you like to pull the weeds alongside the 3 carports. (Then, when this is done, you go to the person with the clipboard and see what's your next choice, until you have put in your 3 hours of spring cleanup). Again, thanks for the input! Smiles, Sooz

Our HOA had a opening on the board so I joined right before we started building our pool and then quit after my term was up. Made thing go very easy.

I really am not trying to end up as the expert! You are in this business so you already know most of this, but I hope someone can benefit, somewhere. 1. The difference between breach of contract and fraud is the intent of the promisor at the time the promise was made -- if I intend to sell you a widget but run out of money, my widget supplier is on backorder, or any other excuse you've heard, it's probably "only" breach of contract. Fraud is hard to prove for that reason. In most states (YMMV), you can get punitive damages for fraud, but not breach of contract, hence the difference. 2. Anyone who relies on the widget being golden yellow and special orders golden yellow tiles to match may also be entitled to additional, consequential damages. Especially if they told the widget fabricator about the stuff being ordered/made to match. And if you can't get the golden yellow widget anywhere in your state and have to order from another state far away, and have that replacement 400 lb slab of widget shipped, the shipping (and, maybe, time and travel expenses) is another item of consequential damage. Please mention the phrase "consequential damage" to a lawyer and watch her greedy eyes light up. In my state, the homeowner might get the consequential damages for breach of contract but there are some very specific rules on what you can and can't do in case of fraud, which is why you need a local lawyer (expert in igloo defects?). BTW, you don't have to choose between fraud and breach of contract at the beginning -- you can claim both. 3. I know nothing about criminal law. 4. If you wish to go this route (which may be very effective in a small community), bad word of mouth is incredibly effective -- but there is a huge difference between "They sold my widget to someone else" (true statement of fact) and "They will sell your widget to someone else and steal you blind" (maybe defamation). 5. Stuff you already know...keep your documents, note your phone calls, etc. There are a lot of fine points that a good local atty will pick up on (atty fee clause in contract?) but I don't want to be giving out legal advice over the internet to someone in another state. Again, please consult with someone local to you (criminal and/or civil). 6. Good luck and hugs!!!

On the other hand, if you knew the rules going in and you would follow the rules anyway, you enjoy the amenities, and you don't want a neighbor with a bright red roof or a deserted house with a lawn that was last cut three years ago or a tour bus size camper parked right in front of your house or spring break vacation renters partying all night next door, HOA living is the life for you! Seriously, like everything else, there are good and bad HOAs and there are trade-offs in any situation. If you are considering buying property in an HOA your due diligence should include: 1. Review of the covenants, declaration, bylaw and rules and regulations, to be sure you are comfortable with playing by the rules. 2. Review of the design guidelines, to be sure you can build what you want. Really, what might have attracted you to the neighborhood may be because the other homes followed the design guidelines. 3. Review of the HOA financials. Do they provide for adequate reserves for maintainence of common properties? Is there a high delinquency rate - that might be reflective of poor management or it might tell you something about your future neighbors. 4. Review of minutes of past HOA meetings, including board minutes. This will give you a good feel for the ethos of the community - you can probably pick up on whether its "actions were filtered through a good neighbor policy which took into account the circumstances of the homeowner" as musicgale commented (good comment) or whether it's just a bunch of busybodies and whiney homeowners.