Letter I sent to my Home Owners Association

[joslar15]

My HOA sucks, They want to control the way you live in your own house

Exactly! I think I have them by the short hairs though, because they tried to operate outside of the covenants. The developer went belly up, so there are a bunch of unsold lots. In 2008, they amended the bylaws to prevent any "outsiders" coming in to change covenants and such by requiring something like 95% of owners. It should be interesting.

 

[jd42k]

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.

So is the complaint related to you flying two flags vs. one flag?

Some interesting points in the related replies.

I think technically the HOA is an infringement on your property. However, I feel one of the things the HOA does is maintain a standard of living. The residual effect will maintain or improve property values.

Of course we can always choose to live elsewhere.

As a newly elected president of a new HOA there is much work to be done as there are multiple covenants of which I'd eventually like to amend into one set of covenants.

Our neighborhood decided to form a HOA as many folks didn't like the direction of our neighborhood was headed. The developer has not handled the neighborhood very well over the last 10 or so years.

 

[fire259]

Yet another reason to live out in the middle of nowhere. My property, my rules

 

[melensdad]

Yet another reason to live out in the middle of nowhere. My property, my rules

What happens to your property value when a dump is put in next to you? How will your property value hold up after someone parks a single-wide next door for himself and another one for his mother in law?

 

[patience0830]

I bought it to use

What happens to your property value when a dump is put in next to you? How will your property value hold up after someone parks a single-wide next door for himself and another one for his mother in law?

I can't remember who said it here first, but the quote was, " I got a house so i'd have a place to eat, sleep, and s..... Since I still need a place to eat, sleep and s..... the resale value is irrelevant." Bring on the landfill and the mobile homes. It keeps the rif-raf and their HOA's out of the neighborhood.

 

[Uralguy]

I was going to invite you people over to my Double wide for a 500 party. Never mind and don't even ask for a ride in my semi. Elitist.

 

[Timjoebillybob]

What happens to your property value when a dump is put in next to you? How will your property value hold up after someone parks a single-wide next door for himself and another one for his mother in law?

Since your in an unincorporated area, what is going to stop someone from putting in a dump/pig farm/trailer park/etc on the property next to the HOA?

 

[joslar15]

The attempt to railroad me into submission continues. I received an email yesterday full of bluster citing the purpose and scope of the Architectural Control Committee. Not an issue because I never called into question the scope and responsibilities of the Committee. I found it very interesting that out of their "throw everything and see what sticks" strategy, they did not refute, nor did they address the specific section which governs flag poles.

This is a knee-jerk reply I sent last night:

Donna,

It is quite unfortunate that some neighbors find my flag pole to be "unobtrusively large," but it is within the guidelines as stated in Article XIV, Section 3K. If a 30 foot flag pole is "unobtrusively large," why then, wasn't this amended to 20 feet back in 2008 when the bylaws and covenants were amended? This gives all Owners the right to erect a 30 foot flag pole up to 4 inches in diameter without prior approval. Why this is so difficult to understand? Truly, I am not being facetious, please explain it to me.

I'm not trying to be difficult. I treat everyone here with the respect they deserve, I try to be neighborly and I mind my own business. I am an honorably discharged United States Air Force veteran and words can not describe how offended I am that you would disrespect my service flag by calling it "decorative."

Best,
Jose

I sent this one this morning:

Donna,

After giving your your message due consideration, I have made my decision. Article XIV, Section 3K states clearly and unequivocally that no prior approval is required from the committee for flag poles no more than 30 feet in height and no more than 4 inches in diameter. Furthermore, it states:

"For all other flagpoles and standards, an Owner must submit a written request and receive a written approval from the committee."

Unless or until you can provide me with a compelling reason, or more importantly, a legal basis for what amounts to an executive order nullifying Article XIV, Section 3K, there is no need for you to wait until after May 25th because I will not be moving my flag pole.

I expect a speedy resolution to this issue, as well as my request for Patio Enclosures, Inc. to enclose my screened-in porch.

Have a blessed day.

Best,
Jose

They remind me of Eric Cartman:

[ame]http://www.youtube.com/watch?v=ERz_sfwl0-U&feature=related[/ame]

 

[melensdad]

Since your in an unincorporated area, what is going to stop someone from putting in a dump/pig farm/trailer park/etc on the property next to the HOA?

First off the answer is plenty. The likelihood that a county would allow a dump to be put adjacent to an established and developed neighborhood is very very low. While the zoning around us is all agricultural land, the dump would have to get a variance and since that would require the county board to get involved they would be dealing with a large number of irate residents who would be very well organized.

Further, as my wife is a former plan commissioner, let me try to explain to you how some of this stuff works. Government bodies tend to follow a path of least resistance when situations like this come up. An established neighborhood would take priority over a proposal. An established family farm would take priority over the neighborhood if the neighborhood was newer. Ditto a shooting range/preserve, etc. The planning and zoning commissions look at compatible uses. A neighborhood and a dump are not considered compatible.

However, if you have agricultural land and plop a house on it, and then someone else does the same, and then someone else tows in a trailer, all those are considered compatible because they are all residential uses of the land and therefore similar. If you have a mixture of mostly rural agricultural land owners and someone wants to put in a dump, that is much more likely to be considered compatible because there is no established reason not to allow it.

Hope that answers your questions.

 

[Brandon]

ill stick with my plot of land and my house and no hoa. if the guy next to me wants to park a trailer on his yard that is fine with me. knowing i can do the same at anytime for any reason without having to ask for permission is well worth it.

 

[parsimonious]

To op,

I'm sorry to hear about the abuse received from your homownass.

I found this thread today and I am excitedly awaiting the next installment.

thanks for the updates, GO LAND OWNERS!

 

[FutureButterBar]

HOA are just like any other governing force. The rules are simply there for the idiots who are too stupid to govern themselves.

 

[ghitch75]

this is why i have my own land out in the sticks.....if i want to dig a hole to china i can and no one can say a work about it....

 

[christman]

I like our association. We bought the house, but not before getting a copy of our covenants that we had to sign that we agreed with in order to proceed. If you don't like associations, don't move into one.


As for the OP, keep fighting the good fight, the one thing I don't like about any associations rules are the "uniformity" clauses. They are too vague in most instances.

 

[Goosepond Monster]

this is why i have my own land out in the sticks.....if i want to dig a hole to china i can and no one can say a work about it....

Living in Greene County where there are basically no rules doesn't hurt either.

 

[ghitch75]

Living in Greene County where there are basically no rules doesn't hurt either.

that is why i live where i live....

 

[joslar15]

They finally understood that I am not going to be bullied and sent it on to the Homownass attorney. Almost makes me wish I stayed in Bloomingstan. Here is my response.

Donna-

Yes, it is unfortunate your jackass-like stubbornness has dragged this out much longer than necessary. Also, whether or not you, the committee and the board intended to cause hard feelings, it is the one thing you have done exceedingly well. Your continued arrogance and the ineptitude demonstrated in handling this issue is exceeded only by your apparent ignorance in allowing this to drag on. It seems the association has as its leadership, a bunch of morons whose grasp of the English language is so limited, that it cannot grasp the meaning of the simple phrase "prior approval is not required" Thank God you people only run a small HOA.

I provided for you, chapter and verse, the basis for my refusal to consent to your baseless demands. Anyone with eighth-grade reading and reasoning skills would come to the conclusion that "prior approval is not required" means "prior approval is not required." Instead, you, the architectural committee and the board tried to make a power grab, granting the the architectural committee powers it is not entitled to, based on the "harmonious blah, blah, blah..." Donna, you should have read and understood Article XIV, Section 3K and told the complaining parties that the covenant clearly states I was in the right. Instead, you and your cronies continued to make up crap and attempt to railroad me into submission.

The bylaws and covenants were amended back in November 2008. If you will recall, the reason was to make it more difficult for new people to come in and amend the covenants. If you people wanted the committee to have control over flag poles, you had your opportunity. You could have amended Article XIV, Section 3K into any form you that pleased you. Instead, you people were too busy banning dogs by breed and other such nonsense.

Article XIV, Section 3K, clearly states, in no uncertain terms that Owners may, without prior approval, erect flag poles up to 30 ft in height and no more than 4 inches in diameter. By allowing this to remain in the covenants, the association has in effect, deemed that flag poles meeting this specification are sufficient to "preserve a harmonious and aesthetically pleasing design for the community.

As you will recall, you people changed the bylaws making it more difficult to change covenants. Well, guess what? That means the committee and the board, regardless of unanimous agreement, cannot simply change the covenants by fiat. Therefore, whomever the complaining parties may have been, I am certain that given time, they will grow used to seeing my "obtrusively large" pole.

I have already had an attorney acquaintance take a look at the situation for me. Here is what he had to say, very short and sweet. "If it's not in the contract, then why should you be required to do it? Making stuff up as they go along, who are they? The Indiana Supreme Court?"

Now, since I have finally forced you to play your trump, perhaps you could be so kind as to either approve the request for enclosing my screen porch or tell me what further information you require.

Best,
Jose

 

[PistolBob]

If you're about to buy a home, then you simply MUST find out if there is a HOA, or if there are any covenants that you will have to live by. Then you make a business decision...buy it and live with it, or move on. If you move in knowing what the rules are and then get ticked off because they enforce them, I don't don't know what to tell you but what did you expect?

 

[joslar15]

If you're about to buy a home, then you simply MUST find out if there is a HOA, or if there are any covenants that you will have to live by. Then you make a business decision...buy it and live with it, or move on. If you move in knowing what the rules are and then get ticked off because they enforce them, I don't don't know what to tell you but what did you expect?

Bob, obviously you haven't read what I have posted. Otherwise, you would know why I am pissed.

 

[jeremy]

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.

Sounds entirely to restrictive to me.

I could care less if my Neighbors leave a Truck or Trailer parked outside on THEIR Property...