Letter I sent to my Home Owners Association

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • joslar15

    Master
    Rating - 100%
    11   0   0
    Mar 3, 2009
    1,979
    38
    Bloomington
    Background: I bought a flag pole at the Flower and Patio Show. The covenants clearly state that prior approval is nor required. They gave me a specific location to put it. I did not comply.

    Dear xxxx,

    I read your email regarding my flags and flag pole several times with great interest. I found it to be both annoying, yet amusing. I have read the covenants, specifically Article XIV, Section 3K, pages 34-35, as amended and restated December 2008, which addresses flags and flag poles, very carefully. Unless they have been further amended without my knowledge, my flag pole, flags and its location are within the published guidelines and prior approval is not required.

    Please take a moment and review the first sentence of the first and second paragraphs. For your convenience, I have attached page 34 of the covenants. First sentence, first paragraph: "Pursuant to the Freedom to Display ... Owners within XXXX may display an American flag on their property without prior permission of the Committee, ..." First sentence, second paragraph: "Prior approval is not required for any Owner wishing to install ... a freestanding flag pole no more than thirty (30) feet in height nor more than four (4) inches in diameter." As I have previously stated, my flag pole is within the guidelines specified.

    Furthermore, there is no restriction stated within the covenant regarding the number of flags which may be displayed per pole. The only "one flag" reference is in the fifth sentence of the second paragraph which states: "An owner may not display more than one (1) American flag on his Tract/Lot at the same time without obtaining prior written permission from the Association."

    With all due respect, do I look like I just fell of the back of a banana truck? Let me assure you, that is not the case. However, I am at a loss as I try to reconcile the covenants as published, with your more restrictive, arbitrary "uniformity with the flag pole that had been installed across the street" requirement and the not-so-veiled threat of legal action for non-compliance. I am well within the letter, as well as the spirit of the covenants as written.

    In conclusion, I need to know if the association is going to abide by the covenants or not. If the association is not going to play by the rules, there is no reason to expect me to follow them. Please do me the favor of a prompt reply, as I too, look forward to a speedy resolution.

    With respect,

    I wanted to invite them to **** up a rope, but my wife didn't like the idea!
     

    Brick House

    Plinker
    Rating - 0%
    0   0   0
    Feb 13, 2011
    137
    16
    Plainfield IN.
    I HATE our Home Owners' association, There are 3 old retired men that are bored and drive around the neighborhood just trying to find anything to screw with the residents about. The sad thing is We are paying them to screw with us !!
     
    Last edited by a moderator:

    spasmo

    ಠ_ಠ
    Site Supporter
    Rating - 100%
    5   0   0
    Apr 27, 2008
    6,659
    38
    OK, please refer to the association as a Home owners association or something that does not refer to someones sexual orientation.
     

    melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    24,037
    77
    Far West Suburban Lowellabama
    I absolutely LOVE our homeowners association!

    I just installed an above ground 500 gallon diesel storage tank adjacent to my workshop. My neighbor called the association to complain. He found out that my tank complies with the association rules!

    This is the same guy who yelled at my wife about me shooting on my land and said he would call the sheriff on me.

    This is the same guy who asked me to move a decorative fence because it was in visual line with where he wanted to put a swimming pool . . . and when I told him the place he wanted to put the pool was on MY LAND he objected . . . and then I proved to him that MY LAND is, in fact, MY LAND and his driveway may actually cross the property line (about 1 square foot at the corner).

    So this spring we put in a new septic system RIGHT NEXT TO HIS PROPERTY LINE. I think he may move his vegetable garden to the other side of his yard!!!

    By the end of summer there will probably be an ugly 6' tall vinyl fence cutting through "his" yard, which will, in fact, be running down the property line between our yards. I'm getting a little sick and tired of his whining but am glad the HOA is there to protect me from most of his crap!
     

    Foxfire

    Plinker
    Rating - 80%
    4   1   0
    Aug 18, 2010
    120
    18
    Seymour
    I think you only made 1 mistake; Getting involved with any Homeowners association.
    I admit I didn't read your letter, but it doesn't matter. I'd play nice, yes sir, yes ma. And be making relocation plan. Might take you a couple years to get out but OUT you should get!

    Otherwise this is only the first of many letters.
     

    ATOMonkey

    Grandmaster
    Rating - 0%
    0   0   0
    Jun 15, 2010
    7,635
    48
    Plainfield
    My HOA is too restrictive as well. It's really not there to protect the property owner as much as it is to try to control people's behavior and get them to fit into the mold of what a "good neighbor" is supposed to be.

    Hopefully, we'll be moving next summer.
     

    eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    When home shopping a few years ago, we specifically avoided neighborhoods with associations. What's the point of getting a nice house and yard, if someone else is always setting the rules for it?

    One of our neighbors made a comments about starting an association. I just laughed. No way will I ever sign off on that! I'd rather just work out differences man-to-man. I don't need some BOD full of nannys to back me up.
     

    88GT

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 29, 2010
    16,643
    83
    Familyfriendlyville
    but am glad the HOA is there to protect me from most of his crap!
    Well, it's not your HOA that is protecting you. It's the fact that you have rights as a property owner, rights you'd still have without that HOA. The HOA isn't protecting your rights, the law is. Though it would seem that your HOA respects private property rights far more than the average.

    I think you only made 1 mistake; Getting involved with any Homeowners association.
    I admit I didn't read your letter, but it doesn't matter. I'd play nice, yes sir, yes ma. And be making relocation plan. Might take you a couple years to get out but OUT you should get!

    Otherwise this is only the first of many letters.
    That's a shame. You should have. Because then you might realize that he is in complete compliance with the terms of the C&Rs and under no obligation to abide by their request.
     

    melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    24,037
    77
    Far West Suburban Lowellabama
    Honestly I think you guys who hate HOAs are looking at homes in the WRONG neighborhoods.

    My 'neighborhood' is only 29 homes spread out over nearly 200 acres in an unincorporated rural area. We have an HOA and it is great. First off, our HOA has NO AUTHORITY over what color you paint your home, why type of tree is in your yard, if you can fly a flag or any of that type of non-sense.

    We have simple rules. No trailers parked outside (park it in your garage or barn is OK). No 'work trucks' parked outside (again, park it in your garage or barn). No junk vehicles on blocks on your property. No commercial use of the property.

    The board is there to maintain the road and the ditches, not to pester people about what they do.

    What very few rules we have actually protect property values, which is good. But the fact that we have very few rules actually protects us from idiot neighbors like the guy who keeps complaining about me. All of his complaints fall on deaf ears because I am NOT breaking the rules! So he calls to complain and they tell him that my actions are legal/legit. He may not like it but it is his tough luck.

    The key to buying into an HOA is to VERY CAREFULLY read the rules BEFORE you ever sign on the dotted line. Will the rules hinder your legitimate actions and will they protect you from busy-body neighbors? Mine protect me and I love it.
     

    Mr. Habib

    Master
    Rating - 0%
    0   0   0
    Mar 4, 2009
    3,785
    149
    Somewhere else
    Honestly I think you guys who hate HOAs are looking at homes in the WRONG neighborhoods.

    My 'neighborhood' is only 29 homes spread out over nearly 200 acres in an unincorporated rural area. We have an HOA and it is great. First off, our HOA has NO AUTHORITY over what color you paint your home, why type of tree is in your yard, if you can fly a flag or any of that type of non-sense.

    We have simple rules. No trailers parked outside (park it in your garage or barn is OK). No 'work trucks' parked outside (again, park it in your garage or barn). No junk vehicles on blocks on your property. No commercial use of the property.

    The board is there to maintain the road and the ditches, not to pester people about what they do.

    What very few rules we have actually protect property values, which is good. But the fact that we have very few rules actually protects us from idiot neighbors like the guy who keeps complaining about me. All of his complaints fall on deaf ears because I am NOT breaking the rules! So he calls to complain and they tell him that my actions are legal/legit. He may not like it but it is his tough luck.

    The key to buying into an HOA is to VERY CAREFULLY read the rules BEFORE you ever sign on the dotted line. Will the rules hinder your legitimate actions and will they protect you from busy-body neighbors? Mine protect me and I love it.
    All of the above may be true now, but HOA rules can and do change. What may be acceptable today may not be in the future, especially if there is some turn over among your neighbors. In most cases you have already agreed to abide by those future changes, good or bad by signing on up front.
     

    melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    24,037
    77
    Far West Suburban Lowellabama
    All of the above may be true now, but HOA rules can and do change. . .
    NOT always true.

    In fact it is virtually impossible to achieve a rule change in my neighborhood.

    85% of the homeowners must agree at a meeting, multiple votes by the homeowners, blah blah blah. All was set up to PREVENT rule changes.

    The most people we've ever had at a meeting has been about 60% of the homeowners and lately we have not been able to get a 50% turnout to even consider anything other than minimal maintainence. The HOA rules in my neighborhood are probably different than many, but not too unusual either. They were set up to protect property rights with only a few select limits and then they also are set up for common area maintainence (road and ditches). They are NOT free flowing or easy to change, in fact they are practically impossible to change.
     

    88GT

    Grandmaster
    Rating - 0%
    0   0   0
    Mar 29, 2010
    16,643
    83
    Familyfriendlyville
    Honestly I think you guys who hate HOAs are looking at homes in the WRONG neighborhoods.

    My 'neighborhood' is only 29 homes spread out over nearly 200 acres in an unincorporated rural area. We have an HOA and it is great. First off, our HOA has NO AUTHORITY over what color you paint your home, why type of tree is in your yard, if you can fly a flag or any of that type of non-sense.

    We have simple rules. No trailers parked outside (park it in your garage or barn is OK). No 'work trucks' parked outside (again, park it in your garage or barn). No junk vehicles on blocks on your property. No commercial use of the property.

    The board is there to maintain the road and the ditches, not to pester people about what they do.

    What very few rules we have actually protect property values, which is good. But the fact that we have very few rules actually protects us from idiot neighbors like the guy who keeps complaining about me. All of his complaints fall on deaf ears because I am NOT breaking the rules! So he calls to complain and they tell him that my actions are legal/legit. He may not like it but it is his tough luck.

    The key to buying into an HOA is to VERY CAREFULLY read the rules BEFORE you ever sign on the dotted line. Will the rules hinder your legitimate actions and will they protect you from busy-body neighbors? Mine protect me and I love it.

    Two points.

    First, provide an example where the HOA protected you in such a way that simply being the property owner wouldn't have. You HOA doesn't protect you. Telling your neighbor to pound sand isn't a protection. In fact, having the HOA gives him somebody to complain to. It also means that at some point in time, HE could be the ones making decisions and where does that leave you?

    Second, it's not an HOA as much as the terms of the C&Rs, as you have said. But every HOA is a restriction on property rights by definition. I fail to see how subordinating my full compliment of rights for nothing in return benefits me in the least.

    YMMV.
     

    jsharmon7

    Grandmaster
    Rating - 100%
    119   0   0
    Nov 24, 2008
    7,827
    113
    Freedonia
    Two points.

    First, provide an example where the HOA protected you in such a way that simply being the property owner wouldn't have. You HOA doesn't protect you. Telling your neighbor to pound sand isn't a protection. In fact, having the HOA gives him somebody to complain to. It also means that at some point in time, HE could be the ones making decisions and where does that leave you?

    Second, it's not an HOA as much as the terms of the C&Rs, as you have said. But every HOA is a restriction on property rights by definition. I fail to see how subordinating my full compliment of rights for nothing in return benefits me in the least.

    YMMV.

    I think he's already answered that:

    Honestly I think you guys who hate HOAs are looking at homes in the WRONG neighborhoods.

    My 'neighborhood' is only 29 homes spread out over nearly 200 acres in an unincorporated rural area. We have an HOA and it is great. First off, our HOA has NO AUTHORITY over what color you paint your home, why type of tree is in your yard, if you can fly a flag or any of that type of non-sense.

    We have simple rules. No trailers parked outside (park it in your garage or barn is OK). No 'work trucks' parked outside (again, park it in your garage or barn). No junk vehicles on blocks on your property. No commercial use of the property.

    The board is there to maintain the road and the ditches, not to pester people about what they do.

    What very few rules we have actually protect property values, which is good. But the fact that we have very few rules actually protects us from idiot neighbors like the guy who keeps complaining about me. All of his complaints fall on deaf ears because I am NOT breaking the rules! So he calls to complain and they tell him that my actions are legal/legit. He may not like it but it is his tough luck.

    The key to buying into an HOA is to VERY CAREFULLY read the rules BEFORE you ever sign on the dotted line. Will the rules hinder your legitimate actions and will they protect you from busy-body neighbors? Mine protect me and I love it.

    I really dislike HOAs, but it sounds like melensdad has a good one that he's happy with.
     

    melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    24,037
    77
    Far West Suburban Lowellabama
    . . . But every HOA is a restriction on property rights by definition. I fail to see how subordinating my full compliment of rights for nothing in return benefits me in the least.

    I live in the country, no city restrictions or strict zoning laws to protect me. The HOA, when it was originally founded, included minimum house sizes and standards of construction, as well as the other restrictions I already listed. We found that very attractive because those protect property values, which is especially important outside of city limits. So all the homes in my neighborhood are at least 2400 square feet. Not big, but not small. All were constructed on site, none are modular. All are of somewhat similar construction (2x6 exterior framing, wood or brick siding, etc). Basically the rules set minimum standards and that is a guarantee of basic standards, but nothing more.

    Simply put, go buy 10 acres of land and build your dream home. Then watch someone come in, buy 2 acres next to you, pop up a double-wide, and idle his semi-truck in the drive. What do you think will happen to the property value of your dream home? Your rights to use your property use were not restricted by the modular home of much lower value or the idling big rig next door, but your quality of life and your property values both dropped. Doesn't matter if your home is worth $100,000 or $2,000,000.00, what happens on that 2 acres next door just screwed your financial situation.

    Or, another scenario we actually saw, a guy had 72 acres of beautiful land with a nice small house that was neatly kept. Next door neighbor turned his property into a legal dump! The value of that 72 acres collapsed to far below market. Your rights to your property use were not restricted by the dump next door, but your quality of life and your property values both dropped.

    In the city limits those things are not concerns, so perhaps a HOA may be a real PITA, but out in rural areas the existence of an HOA, if and only if, the rules/bylaws/covenants are modest, can be a very good thing.
     
    Last edited:

    joslar15

    Master
    Rating - 100%
    11   0   0
    Mar 3, 2009
    1,979
    38
    Bloomington
    Since the busybodies running the HO ASSn ave sand in their ginas over my flag pole, and flying Old Glory and my Air Force flag; in their honor, I decided to fly my Gadsden.

    IMAG0039.jpg
     
    Last edited:

    scott delaney

    Sharpshooter
    Rating - 100%
    4   0   0
    Nov 25, 2009
    656
    18
    the pres of our hoa lost his job filed for ch 13 and left the county.....with 3 yrs of hoa money.......theres a warrant for his arest but he move to calli
     

    Site Supporter

    INGO Supporter

    Forum statistics

    Threads
    525,616
    Messages
    9,821,631
    Members
    53,886
    Latest member
    Seyboldbryan
    Top Bottom