HOAs. Are they a law unto themselves?

[BoatBuoy]

Re: HOAs. Are they a law unto themselves?

You, as a home owner, become part of "they".....
If you decide later that you don't like the rules it is you, not "they" who screwed up.

Not necessarily. My son bought a home in a developing area. The developing is going to go on for another 8-10 years, maybe longer depending on the economy. All homeowners have 1 vote in the HOA. The developer has as many votes as there are homes, plus 1. Therefore he can pass/veto anything he wants.

 

[cheburashka]

Re: HOAs. Are they a law unto themselves?

Not necessarily. My son bought a home in a developing area. The developing is going to go on for another 8-10 years, maybe longer depending on the economy. All homeowners have 1 vote in the HOA. The developer has as many votes as there are homes, plus 1. Therefore he can pass/veto anything he wants.

You might want to double-check that. Ours was similar, with the provision that every lot had one vote, and anyone who had multiple lots had multiple votes. In the beginning, the developer had far more votes than the rest of us. As the lots were bought, the developer had less say, and eventually "ownership" moves from the developer to the homeowners. That's what happened to ours. It may be the same for his. Generally, the developer wants to be able to make rules that help sell lots. Once they're gone, he has no interest.

I'm really surprised at how hostile people are toward those who support HOAs. People like me have been called un-American, Nazis, enemies of freedom, zombies who can't make their own decisions, etc. Ive seen nothing at all like that from the HOA folks directed toward those who choose a different path. I've got nothing against people who choose to live in unrestricted areas, and I would never call them names or insult them for their choice. I wish I could say that they show the same respect for me.

 

[gstanton]

Re: HOAs. Ares (we don't use they a law unto themselves?

Re: HOAs. Ares (we don't use they a law unto themselves?

We belong to an HOA in Florida - and we knew when we bought that we were joining. It's REALLY obvious! We get water, CATV, mowing, garbage pick up, no renters, dogs allowed, pool (we don't use), tennis (we don't use) and a boat slip (we pay extra for). We love it. It's perfect.

Not everyone has a problem with the rules. We don't. If you do, DON'T BUY IT!!!!!!

 

[DJ]

Re: HOAs. Are they a law unto themselves?

I do not see someone enforcing a contract I SIGNED and AGREED TO as an issue.

Anyone that signs something not knowing what it is may want to rethink the way they do things.

There are PLENTY of places to live around here that are HOA free. Many of them look like it too.

I like to work on things as much as the next guy but I DO have respect for my neighbors. I know I don't want to hear air ratchets at 1:00 am. Yes, it is true that most people do not have the same sense of common courtesy. Thus, the HOA was born.

My HOA board is ELECTED. If you don't vote, you have no beef with their decisions.

I have gone before them on a few things and they were very fair. I think they do a great job keeping the neighborhood and the neighborhood common areas looking terrific.

 

[kend301]

Re: HOAs. Are they a law unto themselves?

I live in an HOA community , Townhouse complex. They can be very understanding and very helpful if you know how to approach things properly . The last thing you want to do is fight them , you will lose ! However if you state the facts of why you are breaking the rules and provide a solution with a reasonable time limit they will usually side with your solution.

 

[kenmyfam]

Re: HOAs. Are they a law unto themselves?

Don't sign an agreement then bi*ch about it later.

In our case it was put in place 3 years after we moved there. Never signed an agreement but the residents that wanted it in place narrowly won the vote. That's why we moved on. No complaints about it from here. Just took the action that we needed to.

 

[waterinthefuel]

Re: HOAs. Are they a law unto themselves?

In our case it was put in place 3 years after we moved there. Never signed an agreement but the residents that wanted it in place narrowly won the vote. That's why we moved on. No complaints about it from here. Just took the action that we needed to.

That's retroactive application of a law. I seriously doubt you would have had to abide by it had you gotten lawyers involved. If it wasn't in place when you bought your place, and you didn't sign anything, you don't have to abide by it. I'm almost certain about this. It's this same law that prevents someone from having to tear down a home (or pay a fine) for a home built too close to a property line that had no restriction on it at the time it was built.

 

[kenmyfam]

Re: HOAs. Are they a law unto themselves?

That's retroactive application of a law. I seriously doubt you would have had to abide by it had you gotten lawyers involved. If it wasn't in place when you bought your place, and you didn't sign anything, you don't have to abide by it. I'm almost certain about this. It's this same law that prevents someone from having to tear down a home (or pay a fine) for a home built too close to a property line that had no restriction on it at the time it was built.

I hear you and agree that we could have argued it out with lawyers etc and we did consider that option, however we did not like the direction things were going there and decided to move on. Love where we are now and it is so much closer to the lake

 

[aspeck]

Re: HOAs. Are they a law unto themselves?

They wanted to do something similar in our development ... I had a lawyer friend draft a letter telling them what they wanted to do was illegal and put a stop to it. Then I told the group, if you want to do this, let's do it right, instead of starting a group with a hammer and going around looking for violations of the said covenants of the deeds, let's all band together and when we see gross negligence go to the neighbor and offer to help cut their grass, or paint their house, take them cookies or a cake and offer to help ... to be positive instead of negative. That idea never flew, the "powers that be" wanted the power to use my money to sue the others that were not abiding by the covenants ... the HOA never materialized.

Some HOA's are in fact good and needed ... some are ridiculous. But you have the choice. It is up to you to live where you want to live and can abide by the rules. But a Home Owner's Association is nothing more than an agreement of the owners in a certain area to abide by the rules of the association and to adhere to the fines and punishments if the rules are broken. If a person agrees to do this, then does not agree to live up to his agreement, basically he is sued for breach of contract.

 

[kenmyfam]

Re: HOAs. Are they a law unto themselves?

Very well said Aspeck

 

[blackhorse]

Re: HOAs. Are they a law unto themselves?

Several things I have never been involved with nor do I ever intend to be: HOA, Developer, Development, Townhouse or Condo.

 

[PiratePast40]

Re: HOAs. Are they a law unto themselves?

This is one of the reasons some people prefer community standards. And yes - the wife did ask me to remove the reindeer before decorating for Easter!

 

[skargo]

Re: HOAs. Are they a law unto themselves?

This thread is in the stupid zone.

Pro-HOA people think they are right.

Anti-HOA people think they are right.

Nothing will change that.

 

[ezmobee]

Re: HOAs. Are they a law unto themselves?

I live in a non-HOA neighborhood. It's actually kinda surprising that there isn't one as the development isn't that old. Most of the time I'm glad there isn't one. However, it is clear that there are many people that just don't know how to live in close proximity to other people. We've got one guy whose kid likes to ride a dirt bike around and around the yard and another who idles a semi-truck in front of his house all weekend. I can't fathom being that inconsiderate.

 

[tx1961whaler]

Re: HOAs. Are they a law unto themselves?

This thread is in the stupid zone.

Pro-HOA people think they are right.

Anti-HOA people think they are right.

Nothing will change that.

Think of it this way: This forum is an HOA neighborhood (heavily mod'ed).
Other forums are not. Is this a pleasant place to live (post)? Yes. Do we sometimes have to restrain ourselves from doing stupid stuff? Yes. A small sacrifice of freedom for the greater good. Now, if the small sacrifices become too great, then we move on. Works for me...

 

[cheburashka]

Re: HOAs. Are they a law unto themselves?

I live in a non-HOA neighborhood. It's actually kinda surprising that there isn't one as the development isn't that old. Most of the time I'm glad there isn't one. However, it is clear that there are many people that just don't know how to live in close proximity to other people. We've got one guy whose kid likes to ride a dirt bike around and around the yard and another who idles a semi-truck in front of his house all weekend. I can't fathom being that inconsiderate.

One of the more unfortunate things about an HOA is that when the rules are specific enough to stop all inconsiderate behaviors, they also allow people to enforce the rules in inconsiderate ways. The house we moved into was previously owned by a "covenants narc" who would actually scan the neighborhood with binoculars to see who was in violation. He wasn't well-liked in by the folks around him. Our rules aren't overly specific, so a lot of things slip by. Overall, it's more like a "gentleman's agreement" than an enforceable legal contract. We asked a lawyer and were told that if any of the rules came down to a court case, we'd lose. My next-door neighbor has a diesel truck with the loudest pipes I've ever heard, and he goes to work at 2AM. He wakes me up every morning, and it's absolutely clear that there's nothing I can do about it. Thankfully, he's moving soon.

In my development, there are still many people who object to the idea of the HOA. However, since we're outside of the city limits, we need to have one just to keep the electricity on, the park mowed, the central well functioning properly etc. We have community property that needs upkeep, community bills that the utilities companies refuse to divide among 52 households, and numerous other community obligations that make the HOA absolutely necessary. That has nothing to do with what's "right" or "wrong." It's simply a matter of what's necessary.

 

[Fly Rod]

Re: HOAs. Are they a law unto themselves?

Living in a HOA community is great for some people and not so good for others.

If you are the type of person that wants everything done for you then they are great.

If you are the type of person that wants to work on your car, keep a boat in the yard, own a pitbull etc: then HOA's may not be for you.

Personally I do not like someone telling me what I can and can not do on my own property. Therefore I am not HOA compatible.

Anyone thinking of buying into a Home Owners Association property make sure that you read and understand the HOA Doc's before signing a Purchase & Sale Agreement, that is your right. Ask questions. And remember that if you do buy in you are only one vote.

 

[skargo]

Re: HOAs. Are they a law unto themselves?

Think of it this way: This forum is an HOA neighborhood (heavily mod'ed).
Other forums are not. Is this a pleasant place to live (post)? Yes. Do we sometimes have to restrain ourselves from doing stupid stuff? Yes. A small sacrifice of freedom for the greater good. Now, if the small sacrifices become too great, then we move on. Works for me...

HAHAHAHa, sorry, I can not compare a HOA to a forum on the internet, sorry.
Only thing similar if you don't like the rules, you can choose to go elsewhere.

I think if you feel the need to be in a development or close to other neighboirs, you may need a HOA.

Others, including myself could care less if they even see a neighbor, and like living in the woods. I couldn't imagine not being able to go out back and bust off a few rounds, or hopping in the hot tub nekkid!
And OMG, I even leave my garage door open for hours on end.

I love my nearly crime free, clean, respectable neighborhood and town. I like the fact I can leave my keys in my vehicles and the fact my neighbors are considerate, and not hillbilly junk collectors like all the HOA people seem to think.

To each his own.

 

[joed]

Re: HOAs. Are they a law unto themselves?

Think of it this way: This forum is an HOA neighborhood (heavily mod'ed).
Other forums are not. Is this a pleasant place to live (post)? Yes. Do we sometimes have to restrain ourselves from doing stupid stuff? Yes. A small sacrifice of freedom for the greater good. Now, if the small sacrifices become too great, then we move on. Works for me...

But I don't own a piece of this place. I only come visit.

 

[cheburashka]

Re: HOAs. Are they a law unto themselves?

I love my nearly crime free, clean, respectable neighborhood and town. I like the fact I can leave my keys in my vehicles and the fact my neighbors are considerate, and not hillbilly junk collectors like all the HOA people seem to think.

To each his own.

As a long-time junk collector with hillbilly tendencies who lives in a community with an HOA, I resent that remark. I've got a separate garage full of broken trombones and other brass tubing from tubas and such. If you didn't know better you'd assume I was trying to outsmart the revenooers! I just keep the door closed.