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Eagle Mtn. family fights lien on home

Have you ever noticed how unfriendly some Utah communities must be? I would never live in Bluffdale or Eagle Mountain. I constantly read about how neighbors are getting short-shafted.

We have had so many stories about fraud and problens in Easgle Mountain. Why woould anyone want t9 buy in that community?

Wouldn't the Nielsons have had to sign a document acknowledging that the subdivision is subject to CC&Rs and HOA governance received a copy of them at closing time? I find it hard to believe that they were buying a home in an HOA and it wasn't disclosed in some way during closing.

Eagle Mnt. wants so bad to be a real city - but it seems to be a magnet for people who have large egos and little experience. It is sad that the residents have to bear the brunt of ridiculous people who want so badly to be in "charge". It's like a bad vice principle in high school who gets off by intimidating kids just because power is given in that position. Get a lawyer and go after the H.A. - make them prove they are for real, or really, even needed.

Foreclosure for $500? Wow, that is why H.O.A.s are such a farse and a Rip Off. Anyone who thinks an H.O.A. is a good idea, should think again. They are a money making scam and provide nothing in return except huge headaches. It is your property, you pay the mortgage, but THEY tell you what to do with your property and how and when to do it. Want an RV pad on your property, forget it! Want a shed, forget it! H.O.A.s should all dry up and blow away, then everyone would be better off.

sounds like communism is alive and well in eagle mtn.

Nielson family,
If you don't have anything more in writing than a simple flier, I would quickly negotiate with the HOA's attorney to reduce the fines and fees for your brand new membership into the association. The HOA will ultimately win out because they never represented to you that you weren't part of their association. You're going to have to go after your real estate agent separately (you won't win there either unless you have it in writing) to get your HOA fees back. Don't feel picked on because you're the only family who has a lien on your property. This article will prompt the HOA to file liens on your neighbor's properties too--yikes! One good thing might come out of this article, your agent, Mr. Dimick should lose quite a bit of business in the future.

Dean, I would say it's the opposite: It's the HOA's burden to prove that these guys are in their Association, so if the HOA doesn't have anything in writing, they're the ones who need to be negotiating a lower penalty for filing a wrongful lien. But I agree, it all comes down to who has something in writing and signed.

The realtor's from two separate builders in our are neighborhood made false promises and never hand out any CCR's or even tell you they exist. They really need to be held accountable by their association to have some standard. FREE the NIELSON FAMILY

HOA's are great!

We moved to Texas several years ago. They have HOA's in our neighborhoods and they are some of the most beautiful neighborhoods I've seen. People can't have old wrecked cars parked around their homes, their yards have to be taken care of, their fences maintained, no tin sheds building are allowed, the pools and parks are well manicured in the subdivisions, and no homes with chipped or peeled paint. I don't feel my rights have been taken away, I live in a beautiful setting. I wish my old neighborhood in Utah would have had some restrictions. Our neighborhood in Utah was great, but a few uncaring neighbors ruined it for everybody.

I also am surpised you didn't have to sign a HOA/ CCR's document at closing. I to think HOA'S are a big money making scam. From what I understand you can't live anywhere in EM and not be part of a HOA. I would never live there.

Well said Concerned Citizen.

I like the comment about communism being alive and well in Eagle Mountain.

I am stunned that in the 21st Century any family would go through this. If what the attorney is doing is allowed by law, then the law needs to change. Who is the Senator out their, State Senator Mark Madsen.

May need to find another Senator. This is the gentleman who called detractors of a junket to China as "boneheads." That was reported in the Dnews.

I would call either the Senate President John Valentine or Howard Stephenson. What a nightmare!

We lived at The Ranches for three years. The HOA drove us out. A HOA is supposed to protect your property value but this HOA is so power hungry they could actually be lowering property value. Who wants to live under heavy hand?

This HOA seems like a bully is they can't even settle this out of court and sent a attorney to deal with the matter right away. What Kind of organization does that over so little money?

THis is their home.. not just a piece of property

Fight Fight Fight. They have nothing. You own the land and you may do what you what. HOAs do not a LDS prayer in court.

I am a real estate agent and this sounds fishy. Who is telling the truth here. There is something missing in this story. When you go to closing the HOA should have been disclosed on your HUD settlement statements. At closing you would have know if you where in an HOA or not and some kind of dues would have been collected at closing. The title company researches those types of things before closing. So in this story something is missing or someone is not telling the truth. This story needs to come before the Salt Lake Board or the State for investigation.

That is an ugly, ugly house. Is it not possible to build a nice looking house in Utah?

HOA Membership does not need to be signed. We just purchased a home subject to CC&Rs and HOA and we never signed a single paper at closing or received a single notice in advance. We did know about it and were ok with it, but the terms and conditions of a property are not always disclosed fully at closing. Nielson family should have done their homework, but it sounds like their agent screwed them. Nielsons, you will probably loose against the HOA, but you have a case against your agent. Get a good lawyer.

I'm retired and looking for a new home. We just
received a notice from a builder to build us a
home for $160,000, in Eagle Mountain That seemed like a dream for a retiree on S.S. My wife and I
were going to drive out there and look it over.
However, after having read this article I tore up
the notice and put it out of my mind. No Eagle Mtn
for me. I've had enough of HOA's at my cabin Property.