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Old 07-04-2013, 14:04   #51
pmanton
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I live on an Airpark in AZ that has a HOA. There have been more lawsuits than you can shake a stick at. The latest court action resulted in the people who live on the runway being restricted from their own back yards since their presences results in their being in the "runway safety zone"

Yet that said, the runway people are still responsible for keeping the weeds down on their property. :-)

The airpark is well kept up and there are no yellow school busses parked next to the houses.

Right next door to the airpark is another development by the same developer. The "Estates" has no HOA. The difference shows. There are nice homes next to dumps.

Although the HOA can be a pain in the butt I think I'd rather have it.

Paul
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Old 07-04-2013, 15:39   #52
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Do you have one where you live?

Nope.

Are you for or against them?

I am for people being able to choose to live in one. I myself would never do so and think anyone who is willing to pay dues to have more regulations and restrictions placed on what they can do with their own property should have their head examined.

Have you ever had a dispute with one? What happened?

Flipped a few houses in HOA's. Stupid little things like me having the garage door open longer than ten minutes and letting the grass get too long got mentioned to me. I politely told them I'd not signed anything, I was only keeping the house long enough to sell it, and to bugger off. Never heard back, usually I was gone within two months anyway and it was happy new owner's problem then.

Is any regulation they come up with fair game since the home buyer agreed?

As long as there is full disclosure ahead of time then yeah, it's all fair game. If some idiot reads the contract and signs on the dotted line, they get whatever's coming to them.

Communist plot or free market in action?

Free market. I don't like HOA's, that doesn't stop me from realizing that they are not forced on anyone. If you don't like them(like me), don't move into an area that has one.

Do you think they in some way violate your property rights or not?

Nope. Again, if someone read the contract and signed on the dotted line, as long as there's full disclosure ahead of time, then they have only had their "rights" violated because they agreed to.

Are they more beneficial or useful in a neighborhood with moderate or lower priced homes than say an upscale development? (Pricing per your region).

Couldn't say, haven't done the research. When I was flipping houses between 100k and 500k, the lower end neighborhoods it would increase the value a bit. It also chased away a lot of potential buyers like me. Oh, there's an HOA? Eff that, bye.

Minor rant ahead:

Our government and the rules and laws and permits and permissions forced upon us by our government are already ridiculous beyond belief. We are not only FAR from free, our hard work is STOLEN from us upon threat of violence(taxes) and then used to deny us freedom by all the many ridiculous laws, rules, and regulations in place, this time on threat of further hard work being stolen from us or incarceration. Here's the HOA part: Why anyone would willingly hand over MORE of their hard work to have MORE of their freedom removed is beyond my comprehension. When I hear them complaining about their HOA, I think tough ****. I see that exactly the same as when I hear someone who voted for Obama complaining about Obamacare. Tough ****.
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Old 07-04-2013, 16:27   #53
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Since moving to Florida 21 years ago, I've lived in the same house, in an HOA with 5,200 homes and 24,000 people. Didn't like it at first, but it's got it's advantages. In the last real estate downturn, the property values held up better than other areas. Learn the rules and you can usually turn the table on the whiners.
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Old 07-04-2013, 16:36   #54
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Old 07-04-2013, 16:51   #55
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They SUCK never buy into one there are other options..
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Old 07-04-2013, 18:14   #56
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Quote:
Originally Posted by HKLovingIT View Post
Can HOA board members or representatives inspect the interior of your home when they wish to?
No, inside is mine to do with as I wish. Only the outside structure and landscaping fall under their watchful eyes.
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Old 07-04-2013, 20:31   #57
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No, inside is mine to do with as I wish. Only the outside structure and landscaping fall under their watchful eyes.
The delineation is not always absolutely clear. I have a friend that started to build shelving along the walls inside his garage; and received a notice from his HOA to cease construction. The HOA's position was that the shelves could be seen from the street when the garage doors were open; and would constitute an eyesore.
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Old 07-04-2013, 20:33   #58
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Selling the house is contingent on HOA approval. In my home's case, the HOA did an inspection with the prior homeowners and determined they did not have the requisite four (4) shade trees in the back yard. The HOA would not sign off until the prior owners planted another tree.

I think the HOA contract also allows them to put a lien on properties that are in gross violation or that aren't paying their dues or fines.
Ok, lets say I inherit the property, and I don't sign a contract.

I let the grass grow, they attempt to fine me, and I have refused to sign a HOA contract.

How can they legally do anything?
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Old 07-04-2013, 20:34   #59
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Professional sports do it all the time. HH
Employers do it all the time. That's different then a private association.
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Old 07-04-2013, 20:50   #60
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Ok, lets say I inherit the property, and I don't sign a contract.

I let the grass grow, they attempt to fine me, and I have refused to sign a HOA contract.

How can they legally do anything?
I would guess, but don't quote me, that the property may not be legally transferred by any means, sold or bequeathed, without the blessing of the HOA. I suspect the transfer to you would not be complete without their approval. So, you couldn't inherit without accepting HOA oversight.
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Old 07-04-2013, 21:30   #61
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Then, they go to a restaurant with a dress code and complain about not being served...
Around here, they build Mcmansions right next to farms that have been there for generations. Then they immediately start lawsuits to shut down the "smelly", "dusty", "noisy" farm.
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Old 07-04-2013, 21:45   #62
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So if you live in a neighborhood where there is no HOA and they want to start one, are you forced into it if the majority of homeowners in the neighborhood vote for it?
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Old 07-04-2013, 21:59   #63
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I would guess, but don't quote me, that the property may not be legally transferred by any means, sold or bequeathed, without the blessing of the HOA. I suspect the transfer to you would not be complete without their approval. So, you couldn't inherit without accepting HOA oversight.
Interesting.
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Old 07-04-2013, 22:11   #64
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Old 07-05-2013, 04:51   #65
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Could there be a HOA rule mandating dress codes? Not just at the pool maybe, but anywhere outside in the neighborhood. I guess there could be.

Thoughts?
Yes, they usually go with a collar rule


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Old 07-05-2013, 05:14   #66
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I have lived in several communities with an HOA for the most part they were never a problem but i do see them as both a good and bad thing. on one hand they can be restrictive and you need to get permission to do anything to your home on the other hand they help to keep the community that you live in nice Currently my HOA has become a problem because the new president is a freak who literally walks and drives through the area multiple times a day and reports anything and everything.
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Old 07-05-2013, 05:54   #67
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If you want to live in a neighborhood with an HOA do so, if not then don't, but please don't move into my HOA neighborhood with your junk vehicles, chain link fencing, front yard unmowed with more weeds than grass, peeling paint on your house, large boat parked in your driveway all year, house painted purple, etc. and act surprised when you get legal notices of violations.
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Old 07-05-2013, 05:57   #68
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Quote:
Originally Posted by JohnnyReb View Post
Ok, lets say I inherit the property, and I don't sign a contract.

I let the grass grow, they attempt to fine me, and I have refused to sign a HOA contract.

How can they legally do anything?
Usually they'd simply add any fines to the fee due from the house and the house could not be sold until the fees were paid
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Old 07-05-2013, 06:46   #69
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Can they also restrict religious activities such as Christmas decorations?

The Okie Corral
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Old 07-05-2013, 06:58   #70
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We have 14 houses in our cul de sac that are covered by an HOA. In fact I am the HOA. It was dumped in my lap when the previous King moved. We have the standard rules but I don't make a big deal out of violations unless someone complains. The issue usually goes away on it's own. The biggest complaint I have is people being behind on their dues. It's the price of a pizza per month...$15.00 or $180.00 per year. I get all of the excuses...but it never fails that the people that are behind have ATV's,classic cars, swimming pools, and all of the other toys. I just turned the deliquent accounts over to an attorney so that he can send them a reminder. After talking to several other HIOA's, I came up with a plan that would have all of the deliquent accounts up to date by years end. It didn't go over well with the 2 biggest losers. Of course thay are several years behind.
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Old 07-05-2013, 07:02   #71
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Can they also restrict religious activities such as Christmas decorations?

The Okie Corral
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Old 07-05-2013, 07:17   #72
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Drove by this, not in my town, yesterday and made me think of this thread. My hoa is not strict at all, and I would not change a thing. I am sure there are reall bad one, like with anything there are extremes, but they are not all that way and you have choice not to move there. This can be you neighbor

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Old 07-05-2013, 07:31   #73
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Some starting points.

Do you have one where you live?
Yes

Are you for or against them?
I am for the subdivisions having the option to have one or not. If you don't like them, then you have the option to live elsewhere.

Have you ever had a dispute with one? What happened?
Yes. They cited me for a violation of property that was not mine. I corrected the drainage issue on my property, offered my neighbor the option to do the same and they declined, and then submitted the updates to my property and noted that I cannot address matters on property that I don't own. They concurred.

Is any regulation they come up with fair game since the home buyer agreed?
That depends on the bylaws for the HOA. In my case, the HOA requires a vote from the homeowners to make changes. As long as they adhere to the bylaws and don't violate laws with their new regulations, yes.

Communist plot or free market in action?
The latter. Some people choose a subdivision with an active HOA to avoid potential issues that could have a negative impact on property values. You don't have to live in an HOA neighborhood.

Do you think they in some way violate your property rights or not?
As long as they adhere to the bylaws, city, county, state, and federal laws, then no...I don't think they violate rights.

Are they more beneficial or useful in a neighborhood with moderate or lower priced homes than say an upscale development? (Pricing per your region).
They are very prevalent in my area, including very high-priced homes. In my neighborhood, I have found them helpful. There are times that I'm irritated with them, but it's not nearly as irritating as times as another neighborhood where I lived without one. With all that said, I would prefer to live in a rural area with a large amount of land and no HOA.
My replies are embedded above.
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Old 07-05-2013, 07:54   #74
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Around here, they build Mcmansions right next to farms that have been there for generations. Then they immediately start lawsuits to shut down the "smelly", "dusty", "noisy" farm.
This is a key point.

Should a landowner be allowed to do things on their property that impact the people around them that are also land owners?

Which property owner's rights are more important?

It seems obvious to me that if the guy next door is creating a bad smell and loud noises and that hurts my ability to enjoy MY land - then he is in the wrong.

But

If I buy some land 50 feet from the train tracks - I have given up my right to complain about the noise from trains.

The HOA (in theory) fills this gap by providing a frame work to resolve problems.

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Old 07-05-2013, 07:54   #75
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Mixed feelings on HOAs, but our HOA very quickly resolved a problem with some people on our street who had a dog that would not stop barking. That was worth the dues I pay!
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