March 31, 2020

HOA Threatens to Foreclose on Residents Conducting Business at Home During Lockdown

Dana Mathewson

As an editor with self-appointed Senior status, I believe it is within my rights to use the term "crapweasel." I realize this is a family site, but since children in general don't know that term, Moms and Dads are free to invent whatever meaning they wish to attach to it. And for anyone else who doesn't know what it means, well: read the attached and you'll catch on quick!

The always quotable H.L. Mencken once observed, "Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats." For some residents of one unnamed Tennessee neighborhood, that time is now.

A Reddit user went to the legal advice thread with a question about being evicted for working from his condo along with 24 other "offenders."

The HOA complaint -- which was verified as legit by thread moderators -- says, "It has come to our attention that you are in violation of Article VII, Section 8 of our Bylaws" which state that "Commercial business may not be maintained or transacted on any Lot or in any residential unit." As a result, "we will be invoking section II, Article 4 of the Bylaws, which allows the Board to foreclose on any property that is in violation." The HOA president demands, "You must vacate the premises by April 30, 2020."

The letter is dated March 30, 2020, and here's a screencap of it:

There is being an asshole in a crisis, and then there is President-of-the-HOA-during-a-crisis level of asshole. #Coronavirus #COVID

— associatesmind (@associatesmind) March 31, 2020

With Tennessee under a statewide lockdown, it's unclear exactly how an eviction would work, or where the evictees would go. Also unclear is the legality of the threat, give that "the letter does not serve as a valid quit notice for TN as there is a lack of requisite language they left out," according to one Redditor. "For tenants," they explain, "it fails to give opportunity to cure; for homeowners, there's a whole host of additional issues."

What is clear is that the HOA president is the kind of organically useless martinet for whom lampposts were invented. Or as one Redditor put it, "Your board member is, simply put, bananas."

I have often heard that becoming an officer in a HOA brings out the worst in people, and this certainly offers proof. The article is here, and it's worth the read!

Posted by: Timothy Birdnow at 03:39 PM | Comments (4) | Add Comment
Post contains 420 words, total size 4 kb.

1 Petty functionary turned Heinrich Himmler. A common enough syndrome, but what a time to pull that!

As a long time real estate agent I can assure you the HOA is on poor legal grounds. While I'm not familiar with Tennessee state law on the matter, I know they have to go through a grievance process, then file with the courts for eviction and foreclosure. None of that happened. They seem to have simply sent a letter to scare the residents with tough talk. It's ridiculous at this time when people have to work from home.

They don't say what business he's doing from home. Those bylaws exist to prevent a parade of people coming and going. I rather suspect he isn't seeing a lot of clients.

I would tell the HOA to stuff it. Let them find an open court to file with. If they try to illegally evict this guy he will wind up with a lawsuit that would destroy the entire HOA.

Posted by: Timothy Birdnow at April 01, 2020 07:21 AM (+WEJY)


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