Tell Me Again How Awful HOA’s Are?

[BugI02]

As to the above posts where someone was retroactively placed into a HOA, IANAL but I'm sure they could fight it in court. Just at what cost.

It is my understanding that if you have a development or allotment or the houses are grouped in some recognized way, you can retroactively install deed restrictions and an HOA by getting a majority of the homeowners to agree to amend their deeds. I was told this by a friend whose allotment did just this in order to restrict the ability of investors to buy a property and make it an AirBnB

 

[Ingomike]

It is my understanding that if you have a development or allotment or the houses are grouped in some recognized way, you can retroactively install deed restrictions and an HOA by getting a majority of the homeowners to agree to amend their deeds. I was told this by a friend whose allotment did just this in order to restrict the ability of investors to buy a property and make it an AirBnB

This is correct. And the investor/AirBnB issue is a huge issue. Owners skirting laws by creating a hotel in neighborhoods that does not pay hotel taxes…

 

[jkaetz]

HOA’s do not say anything. The legal documents called covenants are the legally binding rules. The HOA can only enforce them. There are legal mechanisms for updating them but it is not easy.

1. The HOA doesn't usually enforce anything, they pay a management company to do the dirty work.
2. Whoever is doing the enforcement doesn't have to follow the rules as written, they can and do interpret them just like what happens with other written legalese docs.
3. The docs describe a penalty for doing certain behaviors but many take advantage of that and apply it to behaviors not named in the docs, see number 2 above. The enforcers are also free to spend $$$$ collected from the homeowners to harass the homeowners over a false interpretation of a rule. The homeowner can either fight it with yet more $$$$ while funding the legal action against them or they can give in.
4. The rules are not typically agreed upon by the homeowners, they are written arbitrarily by the developers and then handed to the homeowners after the fact.

IMO the rules should all be dissolved when governance is handed to the homeowners and only rules agreed upon by a majority vote should be codified. All rules would also have a mandatory sunset at which time they would need to be renewed. There would also be no provision to reduce the number of votes needed should there not be enough homeowners attending meetings/casting votes. This should ensure that only rules that are truly cared about are codified.

HOAs are good in theory, but they fail in practice due to the above.

 

[littletommy]

There’s only two houses in my HOA, ours, and my daughter and her husband. In the summer, he probably gets tired of hearing me saying “ hey numbnuts, grab a weed wacker and clean up along the back of the garage”.

 

[Floivanus]

This is correct. And the investor/AirBnB issue is a huge issue. Owners skirting laws by creating a hotel in neighborhoods that does not pay hotel taxes…

That’s not really a problem.

No need to pay hundreds to a crappy run down motel when I can rent a house for the week and pay the same amount. My own pool, my own porch, the only downside is for the State, and I’m not their biggest fan.

 

[BugI02]

It most certainly is a problem if you live in that neighborhood and instead of a neighbor you have 20 or 30 (or more) potentially sketchy different groups occupying that property during the year. AirBnB and VRBO do not vet the clientele for anything more than ability to pay and it is not uncommon for houses to be rented just for large parties that often get out of hand

 

[jkaetz]

It most certainly is a problem if you live in that neighborhood and instead of a neighbor you have 20 or 30 (or more) potentially sketchy different groups occupying that property during the year. AirBnB and VRBO do not vet the clientele for anything more than ability to pay and it is not uncommon for houses to be rented just for large parties that often get out of hand

Aren't there already regulations and recourse for thing of that nature though?

 

[Ingomike]

That’s not really a problem.

No need to pay hundreds to a crappy run down motel when I can rent a house for the week and pay the same amount. My own pool, my own porch, the only downside is for the State, and I’m not their biggest fan.

Folks who bought in a family neighborhood are being damaged as well because hotel guests don’t act like neighbors, they act like vacationers, in the pool late every night, partying every night.

It is a big enough problem that communities across the country have had to address this. Fine then repeal the tax, until then it showed be evenly applied…

 

[Ingomike]

Aren't there already regulations and recourse for thing of that nature though?

It wasn’t until recently. When AirBnB started it was an unregulated wild west and further, budgets based on hotel taxes we’re getting creamed because back then they were not paying the taxes they owed.

 

[mom45]

I think @mom45 needs to crochet @churchmouse a "hammer cozy" like Christine did for Harry's gavel on "Night Court"...

View attachment 183389

It would need to be pink with a Hello Kitty theme to match his purse....

 

[El Conquistador]

A friend of mine bought a house in downtown Indy in the early 80’s back when no one wanted to live there. most of the houses around him were drug houses or burnt out homes. He fixed his up and over the years it started being a desirable neighborhood to to live in. Next came the historic society with there rules. A couple of months ago he wanted to replace his wooden picket fence with the same height wrought iron fence. Before he could do it he had to pay $400 bucks for a application and send a letter to all of his neighbors (about 300 of them) with details of what he wanted to do and ask for permission to put up a fence.
No thanks, I will live where I don’t have to beg to do anything on my property.

 

[Ingomike]

A friend of mine bought a house in downtown Indy in the early 80’s back when no one wanted to live there. most of the houses around him were drug houses or burnt out homes. He fixed his up and over the years it started being a desirable neighborhood to to live in. Next came the historic society with there rules. A couple of months ago he wanted to replace his wooden picket fence with the same height wrought iron fence. Before he could do it he had to pay $400 bucks for a application and send a letter to all of his neighbors (about 300 of them) with details of what he wanted to do and ask for permission to put up a fence.
No thanks, I will live where I don’t have to beg to do anything on my property.

Historical districts are a creation of government and not a HOA. And yes, that sucks, and a homeowner has little recourse when they get rolling. On the positive side it likely made his home worth a lot more…

 

[SumtnFancy]

Yep, if you join an HOA you should be prepared to participate and not be a freeloader. No one made anyone join the HOA. If one wants the protection of an HOA, one must be willing to work for it. If one does not want an HOA they should not buy into one.

It is good many of you know you do not want an HOA, but it is unlikely you will ever get a newer house unless you build one out in the country, which is super expensive nowadays…

^^^^ This guy HOA's ^^^^^^

HOA's can suck my butt. Tried to buy several acres (6ish?) about 18 miles north of town. The guy selling lived down the road sub-divided the land and made an "HOA". Tried to dictate where an outbuilding could be, had to be the same color as the house, no livestock at all (including chickens), square footage requirements, etc. No thanks, you don't get to tell me what to do after you sell it to me.

 

[Ingomike]

^^^^ This guy HOA's ^^^^^^

HOA's can suck my butt. Tried to buy several acres (6ish?) about 18 miles north of town. The guy selling lived down the road sub-divided the land and made an "HOA". Tried to dictate where an outbuilding could be, had to be the same color as the house, no livestock at all (including chickens), square footage requirements, etc. No thanks, you don't get to tell me what to do after you sell it to me.

As was his right, he owned it, he can do what he wants including telling others what that can do with it when they buy it from him. LOL

 

[churchmouse]

Bully

 

[Cameramonkey]

I think the

What if the HOA says you are not allowed to have a firearm in you home or vehicle? It is a big jump but really not.

Or tells you you cant park a car in your driveway.

Or that you cant put your garage door down.

HOA Makes Homeowners Leave Garage Doors Open for a Truly Silly Reason

A homeowners association in Auburn, CA, is demanding that residents keep their garage doors open, and homeowners aren't happy.

www.realtor.com

 

[marvin02]

On the positive side it likely made his home worth a lot more…

Or make it impossible to sell because of the restrictive rules.

 

[marvin02]

Bully

You certainly meant this to mean "excellent"" as in "bully for you!".

 

[Ingomike]

Or make it impossible to sell because of the restrictive rules.

Those homes do only appeal to a certain group but that group has money…

 

[Ingomike]

I think the

Or tells you you cant park a car in your driveway.

Or that you cant put your garage door down.

HOA Makes Homeowners Leave Garage Doors Open for a Truly Silly Reason

A homeowners association in Auburn, CA, is demanding that residents keep their garage doors open, and homeowners aren't happy.

www.realtor.com

“As strange as this open-garage-door policy may seem, many HOAs do indeed operate a lot like small fiefdoms, passing whatever laws they see fit.”

This puzzles me. Under what authority do they have to do this? They can only enforce what is recorded.