Violation of Civil Liberties or Rights?

I don't want this turning into an argument. But I don't know where to look for information on this and I know you're all smarter than me. So, here goes.

My wife, I and our two children live in a lake community with astronomical lake dues that we cannot afford to pay. Please note we are not the only people that do not pay our lake dues. Now, we understand that since we do not pay our dues that we are not allowed certain things. Such as, use of the clubhouse, use of the tennis courts, use of the beach, use of the lake, trash pickup. And we are ok with that. We take our trash to the local MUA weekly and don't care for the people of the lake to use any of the other facilities.

My daughter however, enjoys going for walks. My wife was walking my daughter around the lake and was approached by someone who also lives in the lake (this person also happens to be former president of the association and is a real piece of work) and told my wife that if we don't pay our dues we are not allowed to go for walks, our son is not allowed to play with his friends. Now, my wife being who she is was annoyed but complied with this person's ridiculous claim.

I however am floored by this. Does this somehow violate a Civil Liberty or Right? Because the way I'm interpreting what this asshat has said is this. We are not allowed to drive to or from our homes, walk to get our mail, have friends, be outside and that this ASSociation has basically made us and others who do not pay their dues prisoners of our homes.

So, does it violate something or can this hold water in a court?

I've asked one of our friends to see the document that holds this new rule because I am almost guaranteed that one of these idiots has put this in writing.

Anyone have an idea?

I would ignore it till there is a formal letter sent. This person no longer holds the title of "president" correct.

I actually just read through both of the rules and regs. books for the lake and it doesn't state anywhere what my wife was told. I hate this lake. I called my wife and told her about it. I'll also make it a point that if I come across any of the "commitee" DBs to tell them how I really feel.

No, he lost the title of president several years back and even if he was still president I'd have no problem telling him whats on my mind.

Unless he can show you in the rules where it says you can't walk in public, then tell him to go jump in his over priced lake.

Some people like to think they run everyone's lives. Those people are wrong.

That said, I still don't understand how things like this an home owners associations got so popular because I never hear anything but bad things about them.

It's another layer of government on top of the mess we already have.

Leave a pair of cement boots by his front door.

They can't legally restrict your movement around the lake though, right? I can completely understand using their facilities like their crappy clubhouse, the cesspool lake and the mite infested beach as well as th crumbling tennis courts. But to tell a person where they can and cannot walk is an obvious and blatant violation of some basic human right, correct?

Usually when my wife and daughter go for walks I stay home. But now I'll be going just so I have someone to yell at the next time they open their stupid mouth.

When you purchased your home you should have been presented with an H.O.A. handbook, or Association Bylaws or CC&R's (Covenants,Conditions,Restrictions)
If you did not then the association has no legal right telling you that you cant use the improved properties.
Also if by chance they are a non- profit 501-c then all proceeds must go back into property improvement,
some associations are very non compliant with annual assessments and this can be used against them.

I unfortunately have had my fair share of issues with my cabin that sits on a association joint land with a private lake ETC..
I have fought back and became an active voting charter member and now I have a voice with in the BOD.
I use their own by-laws against them. Along with the Roberts Rules of Order.

Good Luck..

Good lord, you guys live in strange places:( Who's that in Peanuts that constantly walks around with a dark cloud over head??? Linnus????

Assanine...

xaos wrote:I have fought back and became an active voting charter member and now I have a voice with in the BOD.

I'm sure you're as well liked there as you are here.

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IOF, play your cards right and they might rename your community "I'm On Fire Lake"

Maybe get a video phone recording of the guy harassing your wife somehow.

You could try Legal Aid, or even the ACLU, which I usually despise, but recognize they have done some good things.

Or maybe Jacoby & Meyers or some other ambulance chasers.

freetown fred wrote:( Who's that in Peanuts that constantly walks around with a dark cloud over head??? Linnus????

Pig Pen.

Places like that are a violation of The Constitution ..... and they're all over the USA. The fact that people create them ...and allow them to exist, is just plain mind-boggling to me. Then again, look who those people elect to office ...

Did you sign any kind of a contract with this association ? If you didn't sign any contract they can not make you pay anything . Is there anything in your deed that says anything about this . Are the roads public or private ? Who owns the land ? Is any of it posted?

Firstly I would never go anywhere near one these places. I'd end up shooting someone. Having said that......

I'm On Fire wrote:They can't legally restrict your movement around the lake though, right?

This is common area maintained by the association? Here's the problem as I see it, if I were to buy property on one these places and I'm paying dues to maintain the roads, common area and whatever else needs funding I'd be pretty pissed if someone was living there and not paying their dues. To me it would go beyond the lake, if I'm paying to fund road maintenance and you're driving your car down that road....

SMITTY wrote:Places like that are a violation of The Constitution ..... and they're all over the USA........

It's more likely not allowing them would be unconstitutional. You have private citizens that have entered into a private agreement.

I really don't think you should do anything unless you have eye witnesses or some type of written warning. This past Pres. may just be the reason that he is no longer the Pres. or he could be doing it with their blessing to try & get people that aren't active to move but right now it's just hear say, he would just simply deny saying anything. Unless there is a gate house & access can only be for members & guests then it's not restricted to the public, a lot of these places have come & gone either because the members got disgusted with ever increasing dues or non-compliance.