[airmotive]

I've purchased two houses in the last 6 years.
Both times, I've walked away from several homes based solely on the condition of one or more of the nearby houses.
It's a buyer's market; If I don't like your neighbors, I sure as hell don't want them to be my neighbors.
One of the houses I looked at during our last move, I drove by again just last week.
It has since gone into foreclosure and is now abandoned, and looks every bit as bad as the cross-the-street neighbor's house that made me walk away in the first place. (neighbor still lives there...and still has half a pontoon boat sitting in the driveway, and two would-be dirt track race cars (minus engines and hoods) sitting on blocks in the side yard).

So yeah, the condition of this guy's neighbor’s house cost him a lot more than resale value. Its failure to sell cost him his home, credit rating and probably all the family repercussions that go with losing your home to foreclosure.

Am I pro-HOA? No, not really. I happen to live in a very weak HOA neighborhood now. $125 per YEAR. The mailboxes stay repaired. The grass stays mowed. People fly their American flags, or Colts flags or Marine Corps flags.
Wanna rebuild a car? Fine. Don't do it in your front yard for two years; do it in your garage.
Wanna collect old refridgerators? Fine. Rent a storage unit.
Like cats? Fine. Don't have 500 of them.
Like dogs? Fine. Don't let them roam free. (and don't have 500 of them either).
Wanna raise pigs? Not fine at all...go away and buy a farm.

That's worth $125 a year to me, so that I don't have to be the a-hole calling the SPCA on the crazy cat lady whose house stinks of ammonia for 1/4 mile in all directions, or reminding my neighbor that if he wants to run a used car lot, he needs to get a business license and display his 25 pieces of crap in a used car lot, not on the sidewalk.

To be fair...I've also walked away from houses because their HOA dues were too high, or their rules too onerous.

[HexHead]

I love threads like this. It lets us know who the GT white trash are.

[Rooster Rugburn]

So if you live in under an HOA, and a house is abandoned, does the HOA pay for upkeep and repairs needed to make it sell?

[.264 magnum]

Originally Posted by DanaT

My experience serving on the HOA board was different. We NEVER had anyone ask to leave or had a buyer refuse to sign.

What we had was HUGE mess from the previous president who allowed his friends to build things (and him personally) that were in violation of the covenants with a "variance". The one building (garage) we turned down after we tried to clean the mess up, they not only threatened to get a lawyer, but did. Our lawyer told us that "variances" are not allowed in the contract law, especially when they were given by members of the board to themselves. They said that what ever variances are given become the defacto standard. The lawyer advised us to let him build what he wanted and pay his legal fees before it got more expensive for us.

Basically, what I learned is 2-5% of the people in the HOA complain (i think the filter would limit the word I could use) about EVERYTHING. The walk around the neighborhood and write down and photo EVERYTHING. Then come to HOA.

The best thing to do is tell them "thank you, we will take that under advisement" and not discuss it with them. Once you start playing their game, they just keep doing it.

But there is also about 2-5% of the homeowners that you spend 90% of the time dealing with.

My issue was that I opened my mouth about how much money they were spending and the errors in their budgets. They also didnt have proper accounting (money was missing) and I pointed that out. This was at the annual meeting (to approve budgets, elect members, etc). The president who had caused the problems (and couldnt explain where $25k was...it was missing buried in many different sheets that were to accounting standards) told me (in front of everyone) if I thought I could do better, then go for it. To my dismay, they didnt elect him...

Sometimes its better to keep your mouth shut...

In both cases the buyers did eventually sign.

I'd agree that a couple percent of people do 99% of the complaining. We also put nearly all of those complaints in the the circular file.

[airmotive]

Originally Posted by Rooster Rugburn

So if you live in under an HOA, and a house is abandoned, does the HOA pay for upkeep and repairs needed to make it sell?

Depends on the HOA.
RTFC. (C=contract)
In mine, yes.
They can also put a lien against the property for that work.

[.264 magnum]

Originally Posted by Hailstorm

What is really great is. Buy a house, not be told about there is a HOA. Then get a bill for back dues..... Yea, that didn't go over to well.

Been there a while, no real issues. Just yearly dues for snow removal.

That would pizz me off.

Around here a packet of HOA docs in tipped into the closing stack of paperwork.

[HexHead]

Originally Posted by Rooster Rugburn

So if you live in under an HOA, and a house is abandoned, does the HOA pay for upkeep and repairs needed to make it sell?

Depends on the services provided. The townhouse next to me got foreclosed on and is now owned by Fannie May. The grass
still gets cut, the beds tended to, bushes trimmed. The shed in the carport will still get painted. As far as the outside is concerned, it's no different than any other unit in our section.

[.264 magnum]

Originally Posted by Rooster Rugburn

So if you live in under an HOA, and a house is abandoned, does the HOA pay for upkeep and repairs needed to make it sell?

Usually not. Most HOAs don't have the funds to pay for serious repair - roofs/foundations rehab etc.

However, at my last neighborhood a guy paid cash for a $600K home moved in and began cooking meth within hours. He was there for almost six weeks before we could get him out - he actually fled an hour or two before US Marshals showed up. The HOA paid the lawyer about $5K to come up with a plan. In short order the HOA bought the house, gutted it - as is required after meth cooking, fixed it and resold it.

In Houston a few years ago a friend's HOA bought an entire row of adjoining crapped out /drug infested apartments and tore them down.



ETA - I need to be more precise. Upkeep items are often taken care of by HOAs. Serious repairs often not.

[IGotIt]

Originally Posted by Rooster Rugburn

So if you live in under an HOA, and a house is abandoned, does the HOA pay for upkeep and repairs needed to make it sell?

Our HOA deals with the bank that owns the property. Most often they do the upkeep on schedule. We have had a couple that drag their feet and when the property becomes unbearable to look at, we notify our code enforcement department who then sends the owner a letter to either clean it up or the County will do it and the bill is sent to them.

When the house sells, any money owed to the HOA for unpaid dues, assessments, penalties, etc., is paid for by the bank.

[Rooster Rugburn]

I would think the owning bank would be responsible, but in the rare event that it was paid for, or maybe some other situation caused it to go down. There are a lot of foreclosed homes around my area (thank you Schumer for forcing lenders to loan to people who couldn't afford the home) that banks just don't seem to be properly maintaining, which seems odd. Plus, over the years, I've heard of HOA's requiring an additional fee for some expensive, unexpected project or repair.

[stevelyn]

Originally Posted by HexHead

I love threads like this. It lets us know who the GT white trash are.

Yeah, me too. It lets us know who all the GT pretentious, elitist a-holes are.

[tantrix]

Originally Posted by stevelyn

Yeah, me too. It lets us know who all the GT pretentious, elitist a-holes are.

Yeah, all those "small government conservatives" here who can't even live in a neighborhood without regulating when everybody can fart. The hypocrisy is enough to gag me.

[Panglоss]

It's pretty simply guys - if you can't live with the terms of a contract, don't sign the contract.

[gjk5]

Originally Posted by DanaT

I get that is how it generally works,but what legal principal allows me to sign a contract when I buy a house that is binding on the next buyer?

I just dont see the legal principla behind it (but I am also not a lawyer and specifically not a real estate lawyer)

It is a matter of public record and is covered by the title policy, a title company will not insure it if you do not agree to the CCR's. The HOA rules are part of the "Exceptions" on the title policy too.

It's pretty much like saying I won't sign unless that easement is removed. Ain't gonna happen.

[gjk5]

Originally Posted by HexHead

I love threads like this. It lets us know who the GT white trash are.

and let's you know who actually gives a crap about their neighbors and neighborhoods.

[MtBaldy]

Originally Posted by DanaT

I get that is how it generally works,but what legal principal allows me to sign a contract when I buy a house that is binding on the next buyer?

FL HOA law is fairly extensive compared to most other states:


http://www.leg.state.fl.us/statutes/...0720/0720.html

The contract you sign is not binding on the next buyer. That's why each buyer is required to sign it. Part of that contract says you cannot sell your property to someone if they don't also sign the HOA agreement.

It was 720.3053 "Failure to fill vacancies on board of directors sufficient to constitute a quorum; appointment of receiver upon petition of member" that caused me to spend two years as President of the HOA in our small development. A HOA is a legal entity under FL law with legal rights and responsibilities.

As has been said before, if you don't want to live under the rules of a HOA don't buy a house in a HOA.

[redbaron007]

Originally Posted by Rooster Rugburn

So if you live in under an HOA, and a house is abandoned, does the HOA pay for upkeep and repairs needed to make it sell?

Originally Posted by airmotive

Depends on the HOA.
RTFC. (C=contract)
In mine, yes.
They can also put a lien against the property for that work.

As a couple of stated, it depends on the HOA.

I've seen some just care for the grounds appearance, curb appeal, then the bank is responsible for the maintenance/upkeep.

Then I've seen the HOA fine the bank daily for not keeping it up.

then I've seen the HOA keep the exterior, including any painting etc to help keep the curb appeal presentable for resale.

In all these case, if the bank or repossession organization didn't pay up, liens were filed on the property...then they get paid.

Bottom line, check out the HOA rules.

I would have the OP check the HOA process for these circumstances and make sure they followed their own process...if not, demand the $$ cash back!

The other thing I would ask, are you a party to the HOA contract? If not, I would check into them illegally having your vehicle towed. Just a thought.



red

[Rooster Rugburn]

Originally Posted by HexHead

I love threads like this. It lets us know who the GT white trash are.

Originally Posted by stevelyn

Yeah, me too. It lets us know who all the GT pretentious, elitist a-holes are.

Too bad adults cannot just agree to disagree. This is like just about everything, personal opinion.

HOA's, some folks like them, some folks don't. But like any bureaucracy, they basically reflect the mentality of those who run\ruin it.

[JW1178]

Look up the policies as written. If the rules have been changed, be sure they were changed the way they are suppose to be changed and that some "director" or "board memeber" didn't try to use some "executive priveledge".

[LAWDOGKMS]

For the record, I do occasionally break the neighborhood's "no atv" policy by bending the technical details...playing dumb about the definition of a "golf cart".. In my own defense though, I don't sport around the neighborhood and drive the streets, I only use it to ride the trails to the river.



Oh yeah...and the no burning rubbish policy...I just burn it in smaller increments and call it a firepit..

[JMS]

I personally don't mind my HOA, $230 a month includes cutting the grass, blowing the leaves, snow removal, common areas, pool membership, painting of the outside of house and roof replacement. If I want to do something to the exterior of the house I submit a form which usually gets approved within a week.

If I didn't agree to the rules, I wouldn't have bought a house there. Nice and simple.

[DanaT]

So what is missing in the whole story...what kind of a car was it? Was it a c-class Mercedes and maybe you PO'ed an old woman who lives in your complex? Maybe she rides a bike through the parking lot every day checking for stickers?

[snowcrash75]

Before you leave, unscrew all the electric switches and plugs and pour a few dozen pounds of sugar in the walls. You can have your $175 back in infestation satisfaction.

[Glock&KimberLady]

Originally Posted by stevelyn

Yeah, me too. It lets us know who all the GT pretentious, elitist a-holes are.

Hrm, where do I fit in then? I have both.

[NeverMore1701]

Originally Posted by Glock&KimberLady

Hrm, where do I fit in then? I have both.

A low class pretentious a-hole?