HOA的故事2：25刀变5万

伟大领袖毛主席教导我们说：“与天斗，其乐无穷；与地斗，其乐无穷；与阶级敌人斗，其乐无穷。”你别说，“斗”这件事还真不是天朝人的专利。 只要有政府就有反抗，在美国，最小一级的政府就是HOA，房主协会。这里面的斗争，真是五花八门。

HOA是在美国上个世纪7，8十年代以后才流行的一个协议组织。HOA是美国的一个 怪 胎。因为开发商开发小区时有一些公共设施需要大家共同的管理，所以每一个住户购房时都会签订HOA的 宪 法 文件。岂不知这个文件签完以后，每一届的管委会都可以往里加添他们愿意加添的任何内容，结果就像天 朝 的 宪 法一样。几十年发展下来，美国很多有HOA就像天朝政府，不光住户的财产权受到严重侵害，其他的个 人自 由，利益也受到严重伤害。HOA的管理人员相当于 天 朝 的 城 管，真的是可以滥权到不 可一世。这里是一个最近的例子：

https://mfi-miami.com/2018/02/new-york-state-trooper/

Former New York State Trooper David Silva’s $25 HOA Late Fee Has Turned Into A $47,554 Foreclosure 

Former New York State Trooper David Silva didn’t believe he deserved the $25 late fee from his HOA. So he refused to pay.

Apparently, the trouble began when his condo switched property managers in June 2015.  Silva’s maintenance check for June 2015 of $282.00was allegedly never deposited. 

Silva paid the maintenance bill when he found out that August it was overdue. However, the late fee and the ones that came after it, which he refused to pay had metastasized into $50,000. The amount includes additional late fees and attorney charges for a two-day trial.

Silva told the Palm Beach Post:

I am disappointed in the judge’s decision. I believe that this case looked at with another set of eyes, would have resulted in a different decision. It is a sad day in America when the American dream becomes the American nightmare.

HOA attorney Jeannette Bellon said could not document he issued the check. The association even waived one month’s late fee. However, Silva refused to pay anything because he argued the entire matter was due to a change in property managers. Silva claims he was not notified.

Bellon argued Silva was notified multiple times:

The rules are the rules in this case. I’m a condo association owner myself. So I think people just need to be aware what their condo declaration states what the rules and regulations state and what your duties and obligations are. The defendant was a former board member. He was aware of the rules. He just decided not to follow them. At the end of the day, he never gave proof he made payment.

Retired New York State Trooper Rumbles With HOA President

Silva’s dislike for current HOA President Vic Bally only aggravated the situation as both affirmed in court. Bally once accused Silva of assault. Silva was acquited when a videotape of the incident was introduced as evidence. The two tended to videotape each other to keep a legal record of their encounters.

Silva wasn’t the only one who had trouble with Bally. The association has been through at least eight management companies in its 11 years. A few managers sent the association letters saying they were quitting because of the difficulty of working with Bally.

Palm Beach County Judge Rules Against The Retired New York State Trooper 

Silva testified that he believed he had made his June 2015 maintenance payment electronically to the management association. He went on vacation and didn’t learn until after returning that the association had changed management companies and the payment hadn’t gone through. 

Silva claimed that because the payment didn’t go through there was no record he sent it.

He made the maintenance payment in August. However, he insisted he shouldn’t be assessed late fees.

However, Judge Robert Panse ruled that the HOA  properly assessed him. He also ruled Bally hadn’t selectively enforced the rules. The judge noted that Silva previously filed and lost a case against Bally for discrimination. Silva claimed Bally was treating him unfairly because he is Hispanic.

Panse’s ruling indicated the judge didn’t understand the details of his case and misinterpreted the condo rules, Silva said.

Silva’s attorney is preparing for a rehearing before the judge that he conceded he likely would lose. Silva also plans to appeal to the circuit court. A failed appeal could raise Silva’s bill about $20,000.

The retired New York state trooper in jeopardy of losing his $340,000 townhome. The Ventura Greens at Emerald Dunes Condominium Association is now threatening him with foreclosure if he doesn’t pay the debt in full.