Homewoner's association and 2A preemption

[KLB]

I love these threads...

Folks come in saying how much they love freedom and being able to live how you want... and then proceed to tell us how we can't have an HOA if we want it.


To the OP: Bylaws don't govern what homeowners can/can't do. They govern the HOA itself (e.g. meetings, elections).

Covenants and Restrictions govern the sort of thing you mention. And changing those is intentionally hard. Like getting notarized signatures hard. (Ask me how know)

Who said that? I saw a people say they were stupid and would never live in one. I did not see people saying that no one should be able to have one if they wanted to.

I'm another one that will never live in a house that is in a HOA. If you want to, that is great for you.

 

[Thor]

I lived in a place with an HOA once before I knew what they were...I'll never do that again.

 

[HoughMade]

Where I live, we have an HOA that owns our private road. That's all it does. It can do nothing but maintain the road and pay its taxes. That's it. Nothing more. Why? Because I was here when it was formed.

 

[Phase2]

Where I live, we have an HOA that owns our private road. That's all it does. It can do nothing but maintain the road and pay its taxes. That's it. Nothing more. Why? Because I was here when it was formed.

Question: Is there any reason why that can't be amended later to cover other items? I understand that there would be steps to follow to make that non-trivial, but any reason why it couldn't be done?

 

[KellyinAvon]

Amending a covenants is not easy for a reason. Ours requires 75% concurrence with signatures. You can’t get 75% to agree on free ice cream.

 

[HoughMade]

Question: Is there any reason why that can't be amended later to cover other items? I understand that there would be steps to follow to make that non-trivial, but any reason why it couldn't be done?

The HOA pertains to the road only. It does not include any provisions that would allow for control over the members' properties and there is no provision for adding that power.

 

[singlesix]

Amending a covenants is not easy for a reason. Ours requires 75% concurrence with signatures. You can’t get 75% to agree on free ice cream.

Well is it Chocolate or Vanilla?

 

[singlesix]

In my dealing with HOAs, currently in a house without one, the board members are concerned with more than maintaining the value of the property (which should be there main focus). My homeschooling came up during a HOA meeting. I introduced the board to HSLDA (Home School Legal Defense Association). Last time that subject was discussed. Why they were concerned with my homeschooling I'll never know. Bunch of busy bodies that lack any significance in the real world, so they try to bully everyone in the HOA.

 

[Disposable Heart]

The HOA pertains to the road only. It does not include any provisions that would allow for control over the members' properties and there is no provision for adding that power.

The count yourself lucky.

Many people sign into HOA agreements that are Dickensian at best. The one I had, until I moved, had fun things like:
Approved house colors, trim colors and combinations thereof
Regularity of mowing and max height of grass
Number of cars in your driveway
Even specified the exact maker, installer and colors of mailbox you were required to have
Etc...
Like I said, petty tyrants...

You got off easy. The plus side is an aquaintance of mine that still lives there says that they disbanded the HOA about two years after I left. Even in my current neighborhood, some of the subdivision is still HOA controlled and regularly try to con those technically not in the HOA to pay dues with newsletters detailing out how much you owe (which I had the city come and talk with them on an occasion or two).

 

[HoughMade]

Lucky? No.

Luck is what you need when you don't know exactly what you are doing.

 

[JettaKnight]

In my dealing with HOAs, currently in a house without one, the board members are concerned with more than maintaining the value of the property (which should be there main focus). My homeschooling came up during a HOA meeting. I introduced the board to HSLDA (Home School Legal Defense Association). Last time that subject was discussed. Why they were concerned with my homeschooling I'll never know. Bunch of busy bodies that lack any significance in the real world, so they try to bully everyone in the HOA.

Really?! That was an issue?

Time to flush those folks out of office.

Amending a covenants is not easy for a reason. Ours requires 75% concurrence with signatures. You can’t get 75% to agree on free ice cream.

THIS.

Lucky? No.

Luck is what you need when you don't know exactly what you are doing.

Exactly. Doing some reading before putting an offer on a house.

 

[HoughMade]

...Exactly. Doing some reading before putting an offer on a house.

Or, as in my case, be involved in the initial formation of the HOA and use your LTCL* to keep bad stuff out of it.







*License to commit lawyering.

 

[Leadeye]

This is what I like about living in the country. Nobody cares.

 

[DoggyDaddy]

Well is it Chocolate or Vanilla?

Ice Cream flavors are a social construct and are not necessarily binary! I happen to prefer peanut butter swirl and chocolate butter toffee flavors!

 

[Phase2]

What if the chocolate/vanilla identifies as peanut butter swirl?

 

[Ingomike]

The count yourself lucky.

Many people sign into HOA agreements that are Dickensian at best. The one I had, until I moved, had fun things like:
Approved house colors, trim colors and combinations thereof
Regularity of mowing and max height of grass
Number of cars in your driveway
Even specified the exact maker, installer and colors of mailbox you were required to have
Etc...
Like I said, petty tyrants...

You got off easy. The plus side is an aquaintance of mine that still lives there says that they disbanded the HOA about two years after I left. Even in my current neighborhood, some of the subdivision is still HOA controlled and regularly try to con those technically not in the HOA to pay dues with newsletters detailing out how much you owe (which I had the city come and talk with them on an occasion or two).

HOA's have a purpose, to maintain property values through conformity. Most of you sound unable to conform to get the value, and I get it. Millions of owners reap the benefits of that conformity. It is true some can get out of control but the vast majority do not if one wants too follow the covenants.

BUT, when you have a house worth several hundred thousand and your one neighbor paints theirs like a kaleidoscope they saw on a vacation in the Caribbean with a monument to an Aztec God, the other has a truck on blocks in the drive and a car with the hood up in the yard and no one wants to buy your house because of them. That might change your mind...

 

[DoggyDaddy]

HOA's have a purpose, to maintain property values through conformity. Most of you sound unable to conform to get the value, and I get it. Millions of owners reap the benefits of that conformity. It is true some can get out of control but the vast majority do not if one wants too follow the covenants.

BUT, when you have a house worth several hundred thousand and your one neighbor paints theirs like a kaleidoscope they saw on a vacation in the Caribbean with a monument to an Aztec God, the other has a truck on blocks in the drive and a car with the hood up in the yard and no one wants to buy your house because of them. That might change your mind...

I get your point, but you can generally get a good feel for a neighborhood (without a HOA) just by driving through it before purchasing a home there. Of course that doesn't preclude some wacko moving in that does what you describe, but that's a risk I'd be willing to take to not have a bunch of Gladys Kravitz types up my ass because my trim color isn't on the "approved list", or if I want a back yard storage shed, fence, etc..

 

[Nazgul]

Bought our house in a new, unfinished subdivision in a very small town. Specifically asked about an HOA none was in existence. Two years later got a letter from the builder to attend a mandatory meeting to form the HOA. Meeting did not go well. This is a decent middle class area with people from the town, not subdivision tenants, trying to force us to form the HOA. Bunch of rules that were not going to pertain to them because they lived outside the HOA area. We did not sign anything about the HOA and declined to participate.

The builder and his lawyer threatened all type of action, 22 years later, no HOA.

Don

 

[EyeCarry]

Wow! I figured that I would get input here but it will take me awhile to reply/comment on the ones I saw that I would like to. I'm going to have to learn the "multi quote" feature here. Several interesting takes and ideas given. Thank you.

 

[JettaKnight]

Wow! I figured that I would get input here but it will take me awhile to reply/comment on the ones I saw that I would like to. I'm going to have to learn the "multi quote" feature here. Several interesting takes and ideas given. Thank you.

Your covenants and restrictions should have a section pertaining to amendments. Any change of this type must be done there, not in the bylaws.