HOAs. Are they a law unto themselves?

[achris]

Just reading and replying to a guy who can't have his boat at home, even in the backyard because his HOA doesn't allow it....

Just a few questions on this...

What right of law do they have to tell you what you can and can't have on your property if it is out of public view? ie the backyard.

Who are these HOAs anyway? are they some sort of government body? and what can they do if you own the property and tell them to stick their rules where the sun don't shine? Let's face it, it's YOUR property, and for someone to tell you what you can and can't do on YOUR property is so totally dictatorial that it should be unconstitutional. I would bet in a court of law they wouldn't stand a chance.... Or has the law been so subverted there (US) that they now have complete control of when and where you ....

If anybody in Perth tried that sort of crap, they would not get out of the room alive....

We love our freedoms here, and we DO fight to keep them...

Chris....

 

[PiratePast40]

Re: HOAs. Are they a law unto themselves?

The last letter in HOA stands agreement. You sign and agree to abide by the bylaws, covenants, rules, or whatever. Nothing mysterious, covert, or subversive. If you want to buy property in that sort of community, you sign the agreement. People aren't forced to buy into private communities.

 

[jay_merrill]

Re: HOAs. Are they a law unto themselves?

I don't know that much about them, because I live in a place where I can do pretty much what I want to, but I believe that such situations often are the result of deed restrictions. In short, you know what the deal is, when you buy the property.



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[Bucks45]

Re: HOAs. Are they a law unto themselves?

I agree with the above. We looked at communities that had HOA's, but decided against it because I don't want someone telling what I can and can't do with something I'm paying for.

 

[Vlad D Impeller]

Re: HOAs. Are they a law unto themselves?

It's not a law, it is an entered into agreement between the property owners and their respective communities, it helps to upkeep and maintain the area's appearance and property values.

If a bunch of gypsies moved in next door to you, you may have a different perspective.

 

[bill lewinski]

Re: HOAs. Are they a law unto themselves?

I agree most rules are there to keep the neighborhood looking respectable
although I think some of the rules border on obsurd. Years ago when
I finally got a good job and could afford it I moved into a very nice condo.
Since it was my first involvment with a condo I ignored the bylaws and just
signed the papers. Well I was heavy into drag racing at the time and I had
my race car outside my garage. That itself was a violation of the rules, no
cars parked outside at any time. Then I broke another rule by working on
it outside. Dont judge me here, I had $40,000 wrapped up in that car and it
didnt sit outside for any length of time, just occasionally. So the president
of the homeowners *** ociation stopped by and told me I was being fined
for breaking the rules. Keep in mind that I never started that car at home.
Well to make a long story short the association decided pass a no race
vehicles of any sort on condo property rule. I sent them a letter stating
that if they tried to enforce that rule every member of the condo had better
plan on forking over some money for a lawyer because I was going to fight
it tooth and nail since there was no rule against it when I moved in. (contd)

 

[bill lewinski]

Re: HOAs. Are they a law unto themselves?

In the end,before going to court they agreed to let me out of the lease and
give me my deposit back. My last official act while moving out was to start
the car in the garage. Have you ever heard 1000 open headered horse power
come to life in a 1 1/2 car garage. I just smiled as I pulled away. That
condo sat empty for over a year before someone else moved in.

 

[achris]

Re: HOAs. Are they a law unto themselves?

I agree most rules are there to keep the neighborhood looking respectable
although I think some of the rules border on obsurd. Years ago when I finally
got a good job and could afford it I moved into a very nice condo.

Since it was my first involvment with a condo I ignored the bylaws and just
signed the papers. Well I was heavy into drag racing at the time and I had
my race car outside my garage. That itself was a violation of the rules, no
cars parked outside at any time. Then I broke another rule by working on
it outside. Dont judge me here, I had $40,000 wrapped up in that car and it
didnt sit outside for any length of time, just occasionally. So the president
of the homeowners *** ociation stopped by and told me I was being fined
for breaking the rules. Keep in mind that I never started that car at home.
Well to make a long story short the association decided pass a no race
vehicles of any sort on condo property rule. I sent them a letter stating
that if they tried to enforce that rule every member of the condo had better
plan on forking over some money for a lawyer because I was going to fight
it tooth and nail since there was no rule against it when I moved in.

In the end,before going to court they agreed to let me out of the lease and
give me my deposit back. My last official act while moving out was to start
the car in the garage. Have you ever heard 1000 open headered horse power
come to life in a 1 1/2 car garage. I just smiled as I pulled away. That
condo sat empty for over a year before someone else moved in.

Good trick... I approve 100%.

But nobody has answered my question... Who is it that polices these
restrictions and if you break them and are taken to court (a joke no doubt)
who is the plaintiff? There must be some 'organization' involved somewhere.
If you have a complaint about something in the HOA, who do you go to?

I mean, the guy who started me on this was chastised for allowing his kids'
bicycle on his front porch... I mean, really! That's just Nazism in drag...

As I said in the other thread, do they require you to have 2.4 children too?

Chris......

 

[LadyFish]

Re: HOAs. Are they a law unto themselves?

I don't know how it holds up in court but here's how it works where we live.

The HOA works in unison with the City. If you violate any of the HOA rules you can be fined. If you don't pay it, you have trouble if you try to refinance your home or sell it. Our City hired a management company that looks for violations and sends letters out to the bank and the homeowner.

Our neighbor down the street left his garage door open one day. He soon received a letter with a photograph of the violation. He was livid. The poor guy was mowing his yard and always leaves the garage door open so he has access to his lawn stuff.

We despise this managment company because of their tactics. However, an HOA generally protects your property from being devalued by a nearby homeowner with 5 junk cars, boats, trash all over the place, etc.

 

[skargo]

Re: HOAs. Are they a law unto themselves?

As a homeowner you have a choice. You can choose to live in a community with HOA, or you can choose a community where the people actually can maintain their property on their own. I chose the latter. Our community has some spectacular homes, and new homes can't be built on anything less than 2 acres.
We have no issues with property values, in fact, our values are some of the highest, least affected by the downturn, in MD.

I personally think they are ridiculous, but some must like them, as their are plenty who chose the HOA route. Most HOAs I've seen are in developments, where many of the homes look the same, and they are usually on small acreage pieces of property.

I'll take living in the woods on 4 acres over that any day, with my issues with authority it's probably a good thing hahaha.

 

[Bob_VT]

Re: HOAs. Are they a law unto themselves?

We do not have a HOA here and the bovines that live at the farm next door have no say.

I do feel for people in that situation....... I have not had to conform since I moved "off base" in 1982.

 

[stanfd]

Re: HOAs. Are they a law unto themselves?

I lived in a development with an HOA for 7 years. Paid all my yearly fees but when I complained to them that the lawn maint. service never cut the community property next to my house they kept saying it would be taken care of. Well I ended up mowing that for 7 years. When I moved the HOA had to show that I had paid all my dues. But they refused saying I had put in a illegal fence. Fence was legal but they wanted a plot plan and drawing to approve before I did it. Well township lost the original plot plan and told me I would have to pay to get a new one done. I went and installed fence anyway. President said since fence was illegal i had to take it down befoe the paperwork would be given to me for the sale of the house. I went to his house with a bill for 7 years of me mowing 1/2 acre of grass. He gave me the papers right there. These people are just like politcians, but worse.

 

[gonefishie]

Re: HOAs. Are they a law unto themselves?

However, an HOA generally protects your property from being devalued by a nearby homeowner with 5 junk cars, boats, trash all over the place, etc.

That's what HOA was intended for and they should just stick to it but most of them have ridiculous rules such as the garage door left open. The condo I live in now requires holiday decorations to be taken down a week after the holiday is over, i.e Christmas lights have to be taken down before New Year. Needless to say, we have the most pathetic decorations around. I can't work on my truck in the driveway, even just changing the oil. We're a basketball state and I know some HOA don't allow basketball goal in the driveway. I can't see how a bball goal devalues a house. My cousin built an awesome looking decorative fountain in the flower bed beside his front entrance. HOA came and told him to take it down because he didn't get their approval before he put it in. He ignored them and haven't heard from them since. I wish we have a lawyer member who can weight in on the legality of these a-holes.

 

[achris]

Re: HOAs. Are they a law unto themselves?

.... Paid all my yearly fees ....

They charge you for the privilege of living under this militant regime?

If they tried that here, there would be blood on the walls!!!

 

[tx1961whaler]

Re: HOAs. Are they a law unto themselves?

They charge you for the privilege of living under this militant regime?

If they tried that here, there would be blood on the walls!!!

You don't have to live in a neighborhood with an HOA. It's a choice that's freely entered into. The "militant regime" is actually your neighbors who are elected and sit on the board. There are many who like HOA neighborhoods. I don't live in one, but then I have to put up with neighbors that do not take care of their houses, let them get run-down and drag the whole street down a notch.
To each his own.

 

[cheburashka]

Re: HOAs. Are they a law unto themselves?

I serve on the board of the HOA in the development I live in. As you can guess from the kinds of names people like me have been called in this thread, it's a thankless job. Why do I do it? Because no one else would and we have a legal obligation to have a board of directors.

I don't agree with rules against keeping a garage door open. However, I could cite all kinds of nonsense that has gone on in my neighborhood--the guy who is building a fence, but has had piles of bricks in his front yard for three years now, the family with six broken cars, a rotted dock and two junk boats in the front yard, the guy who put up an ugly pole barn when the board president was on vacation, the people who built their house five feet from the property line instead of the twenty feet they were supposed to, blocking my view of the lake, etc. Without HOAs, people do pretty much what they want and the neighborhoods go to pot. Even with HOAs, people tend to do whatever they want.

If you sign an agreement that says you won't work on your car in your driveway and you get in trouble for working on your car in the driveway, you've got no reason to complain. Throwing a tantrum because you got caught breaking the rules? Ridiculous. As has been pointed out over and over again, if you don't like covenants, don't move into a community that has them!

 

[jay_merrill]

Re: HOAs. Are they a law unto themselves?

Here's a link that explains a lot in regard to just what an HOA is, and why certain things can be enforced.

I think the main thing to remember, is that homeowners who buy in an HOA controlled development, do so of their own free will. For the life of me, I can not imagine allowing a bunch of other people tell me how to live in my own home, but people do it. As such, they have to live with what they agreed to.


http://en.wikipedia.org/wiki/Homeowner_association



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[tashasdaddy]

Re: HOAs. Are they a law unto themselves?

there are zoning laws and codes for areas that are not in an HOA. many of us here know about them also.

 

[skargo]

Re: HOAs. Are they a law unto themselves?

I like when people say that neighborhoods fall apart without a HOA. Please, many communities take pride in where they live without the added enforcement of rules and regulations. on top of what they already have to abide by.
I, for one, have enough input from .gov in my life. But if that's what you want/need, then go for it, just don't insinuate the rest of us live in the ghetto! *chuckle*

 

[JB]

Re: HOAs. Are they a law unto themselves?

Why all the complaints about "they"??

When you buy into a HOA (Home Owners' Association) community you agree to abide by the rules and you have a vote on any new rules. You, as a home owner, become part of "they".

You sign a contract to abide by the constitution and laws of the Association.

If you decide later that you don't like the rules it is you, not "they" who screwed up.