Homeowners Associations

[Mr MojoRisin]

I haven't seen a thread on this topic. Homeowners, rights, property and HOA's/COA's You may own it, but if you're one in nearly 60 million Americans living in communities run by HOA/COA's you may find you don't have the freedom to do everything you would like to on your own property. Has anyone had an experience with a HOA? I built a house four years ago and in the past year they started a HOA. No conflicts as of yet, but this clip gives an idea of some of the awful experiences one could have in this type of community arrangement.

Jim

http://youtu.be/c5auEUuBaAo

[instfixer]

Take the HOA over

Yes sir! get a bunch of neighbors that think like you to vote on a likely candidate for the Board
Before then, haunt the Board, see who is the asshole, see who is likely to be on your side

[Mr MojoRisin]

Originally Posted by instfixer

Take the HOA over

Yes sir! get a bunch of neighbors that think like you to vote on a likely candidate for the Board
Before then, haunt the Board, see who is the asshole, see who is likely to be on your side

Well my HOA, like I said has only been established for about a year now. Iam not familiar with the members on the board and who may be a prick or not. This clip shows how power hungry and asinine a HOA can be. Whoever the chairman is in this neighborhood he should have his ass kicked. This one is totally pathetic.

Jim


http://youtu.be/dWSzOnNCB6M

[Jewish Lawyer]

HOA's are needed to keep the neighborhood looking good for everyone. They can be abused like anything else.

[Mr MojoRisin]

Originally Posted by Jewish Lawyer

HOA's are needed to keep the neighborhood looking good for everyone. They can be abused like anything else.

That's the initial intent Iam sure. But ya know there's always that one jerk who thinks he's somebody and pisses people off over petty bullshit. I hope nothing like that goes on in my neighborhood.

Jim

[SpeedRacerXXX]

Originally Posted by Mr MojoRisin

That's the initial intent Iam sure. But ya know there's always that one jerk who thinks he's somebody and pisses people off over petty bullshit. I hope nothing like that goes on in my neighborhood.

Jim

Not sure what you call "petty bullshit". In my development, you can't park a boat or a trailer on your property for more than a day or so. You can't have a car up on jacks for about the same time period. You must keep your lawn mowed. Most changes to the exterior of the home and the lot must be approved by the HOA.

All the rules, supposedly, are to protect the homeowner's property value, at least in their opinion. I also wonder how many of the rules would stand up in a court of law if challenged. There used to be a rule from our HOA stating that you could not park your vehicle on the street for more than a certain amount of time. Then the HOA found out that THEY do not own the streets and the city controls where and how long you can park. Rule rescinded.

[Mr MojoRisin]

Originally Posted by SpeedRacerXXX

Not sure what you call "petty bullshit". In my development, you can't park a boat or a trailer on your property for more than a day or so. You can't have a car up on jacks for about the same time period. You must keep your lawn mowed. Most changes to the exterior of the home and the lot must be approved by the HOA.

All the rules, supposedly, are to protect the homeowner's property value, at least in their opinion. I also wonder how many of the rules would stand up in a court of law if challenged. There used to be a rule from our HOA stating that you could not park your vehicle on the street for more than a certain amount of time. Then the HOA found out that THEY do not own the streets and the city controls where and how long you can park. Rule rescinded.

http://youtu.be/D5uA3DEQM_Y


Yeah , I know I've heard of the restrictions about parking your boat or trailer in your own driveway. I've also heard residence have paint color restrictions. We all have different taste. To me your home should be an extension of your individuality. For one thing these newer subdivisions with one builder they offer maybe 4-6 different floor plans the exterior elevation all look rather similar and colors are close they are nice clean, sharp looking, but at the same time rather boring too. The clip above is an example of parking restrictions, how annoying. There needs to be some discretion and common sense applied.

Jim

[boardman]

Best way to make sure dumb shit doesn't happen is to get on the board. Next best is to attend the meetings and question every dumb thing they do...or don't do. Get involved!

[LexusLover]

Originally Posted by instfixer

Take the HOA over...

Keep them busy dotting "i's" and crossing "t's" and shuffling paper work. More than likely they don't have the authority to do what they attempt to do and cut corners while attempting to bluff their way. They are treehuggers with a Nazis mentality. A blight. Don't give them any authority they can't earn.

[Mr MojoRisin]

Originally Posted by boardman

Best way to make sure dumb shit doesn't happen is to get on the board. Next best is to attend the meetings and question every dumb thing they do...or don't do. Get involved!

Getting involved is certainly a way to protect yourself and your neighbors. But also familiarizing yourself with the Law that governs HOA's in your state against any unscrupulous behavior by HOA Board of Directors who think they can BS the residence. I haven't attended any meetings as of yet but I may in the future as they send out notices. I don't really for see any real complicated problems the subdivision has no amenities. No Club house, no Pool, no Tennis Courts, no Golf Course. It's not even gated. We do have a few retention ponds that are stocked no lights or fountains in them though. The only thing the HOA really does is cut grass on common areas and maintain the entrance sign which is quite simple it's probably 8ftX4ft with some hardy plants. It's really a boring neighborhood, lol.

Jim

[LexusLover]

Originally Posted by Mr MojoRisin

Getting involved ..

...the subdivision has no amenities. No Club house, no Pool, no Tennis Courts, no Golf Course. It's not even gated. We do have a few retention ponds that are stocked no lights or fountains in them though.

The scope of authority comes from the original subdivision restrictions and is focused and restricted by its stated purpose. There are voting and notice requirements depending on the intended action, which differ. You may have already missed an "important" vote, but like any LEGISLATIVE/ADMINISTRATIVE body it must maintain records reflecting their close adherence to the restrictions and authority from votes.

Keep an eye on the money. Those are "trust" funds for the subdivision enhancements.

[Mr MojoRisin]

Originally Posted by LexusLover

The scope of authority comes from the original subdivision restrictions and is focused and restricted by its stated purpose. There are voting and notice requirements depending on the intended action, which differ. You may have already missed an "important" vote, but like any LEGISLATIVE/ADMINISTRATIVE body it must maintain records reflecting their close adherence to the restrictions and authority from votes.

Keep an eye on the money. Those are "trust" funds for the subdivision enhancements.

Iam concerned about the money simply because Iam aware that HOA can become fraudulent. As I stated in a previous post we have no amenities. The HOA have apparently contacted a landscape vender to cut grass and weed eat around the ponds and common areas and the yearly dues is 250,00 to me that seems a bit high. But I do know they have to maintain a HOA insurance policy so that's probably also included. But still,sixty houses totals 15,000 a year to maintain this subdivision hmm.

Jim

[ck1942]

Well, since I have owned homes in multiple states across the country over the past 48 years, one of the best things MY first real estate attorney did for me was a brief education on city ordinances, subdivision restrictions, HOAs and property laws, including taxes and liens and titles.

Anyone who is investing at least four or five full years' entire wages should know where to find the fine print and then read the fine print. Especially if you intend to live in the home more than a few years!

Most states have HOA statutes, and virtually all subdivisions in the past 20 years or so seem to have some sort of deed restrictions -- with or without an HOA to enforce those restrictions.

Just like many "contractors" are allowed to put a lien on your home if you shortchange the workmen, HOAs can very much do the same. A lien prevents the homeowner from transferring the title unless the lien is first discharged.

I'm not sure about Texas lien laws, but I do know that HOAs (probably also certain amounts of liens, too) can be taken into the state court system and the owner either forced to pay up or the judge is permitted (indeed, usually must) to put the home into foreclosure. That's pretty extreme, obviously, for what might seem like petty cash, but those are the laws enacted by the Legislature.... usually at the behest of developers, real estate lawyers and HOAs, too.

[trident60]

I never ceased to be amazed at the comments to the effect, "I should be able to do whatever I want to do with my house.....blah, blah, blah." Title companies and real estate agents are bound by law to disclose excruciating detail about a home's restrictions and information, most notably deed restrictions and mandatory HOA membership. Every complainer who ever expressed such libertarian spirit has an embarrassing signature on an acknowledgement form that he affixed at closing. Yes there are cases of overzealous or misguided HOA's abusing homeowners, but these are super rare compared to the widespread neglect of poorly run HOA's. It is possible to lose the legal standing of deed restrictions from non-enforcement, then the popcorn really hits the fan as homeowners are unfettered by silly "rules" meant to protect everyone's property values. Whiners about HOA's and deed restrictions need to go out in the woods to live where they can happily be slobs and not bother anybody, or grow up and acknowledge that they signed on for an array or protective restrictions. Better yet, they can serve on HOA boards rather than complaining. Both activities are uncompensated, but the former accomplishes something.

[Mr MojoRisin]

Originally Posted by trident60

I never ceased to be amazed at the comments to the effect, "I should be able to do whatever I want to do with my house.....blah, blah, blah." Title companies and real estate agents are bound by law to disclose excruciating detail about a home's restrictions and information, most notably deed restrictions and mandatory HOA membership. Every complainer who ever expressed such libertarian spirit has an embarrassing signature on an acknowledgement form that he affixed at closing. Yes there are cases of overzealous or misguided HOA's abusing homeowners, but these are super rare compared to the widespread neglect of poorly run HOA's. It is possible to lose the legal standing of deed restrictions from non-enforcement, then the popcorn really hits the fan as homeowners are unfettered by silly "rules" meant to protect everyone's property values. Whiners about HOA's and deed restrictions need to go out in the woods to live where they can happily be slobs and not bother anybody, or grow up and acknowledge that they signed on for an array or protective restrictions. Better yet, they can serve on HOA boards rather than complaining. Both activities are uncompensated, but the former accomplishes something.

This is not the first house I've owned. The other two didn't have any restrictions at all and no HOA fees of any kind. If you wanted to paint your house pink with blue stripes no one could say or do shit about it, but HOA's can and will put some rather ridiculous restrictions on homeowners and if not complied with from what I've been reading can put a lien on your house and can even initiate a foreclosure. As far as property value I question that. When I was married my wife and I built a house in a Subdivision in 2001 we bought it for about 128,000 we stayed in it for five years when we split up we sold it in 2006 for 168,000 and made 40,000 in proceeds. That Subdivision didn't have any HOA of any kind. The house I live in now is about the same size and style and even though I've bought it for more than the house in 01 the houses that have been selling in the past year have only been yielding a little over ten thousand in profits and we have a HOA. I think a HOA can be a good thing or a bad one depending on the people involved and of course the residence that live in the neighborhood.

Jim