Easements and HOA (HOA's) Home Onwers Assocaition's STAY AWAY!!

[ultrarunner]

Property fit my needs as to location and garage space...

Garage parking for 12 cars plus a covered area... no way in h*ll that would ever fly today but the previous owner was able to get it through 40 years ago... all legal and approved... he was also board President at the time... who says rank doesn't have privileges?

To be fair... my immediate neighbor sold and left California... a young successful contractor who accepted interim President of the Board... it also made him a target... anyone that was not happy with a Board Action showed up on his doorstep...

He came over one night and asked if I had a heat gun... said sure. Someone complained he had commercial signage company name on his truck which is a violation so he was removing the lettering...

The first day I moved in he came over to introduce himself... said he was a contractor and on occasion would drive his truck home... I thought it odd... then he explained it wouldn't be often... I said OK...

Then I said whatever he does on his side is no concern of mine... then I said I have a Deere 110 Backhoe and was going to do some work... he said no problem... just keep it in back so no one will see it from the road...

Reality of living in the big city on acreage...

I guess this is why I bought in the HOA... it is just about the only place in the city with acreage due to minimum lot size requirement... going from a 25x100 city lot to a couple of acres 10 minutes away was enough of an incentive to try...

By the way... I have been nominated and asked to be on the board many times... I would rather fly under the radar... the whole thing about not being a target and all...

 

[3Ts]

Another HOA story from Florida:
My roof was leaking and I needed to get it replaced. I wanted to add a skylight to the back (not visible from the front) so I submitted the request. It took over a month to get it approved and I had to go to each board members house to get them to sign the approval. No one would commit one way or another at the board meetings. It took the contractor 1 week to do the tear off and reshingle. In the meantime, I received a nasty letter from the HOA compliance group (different people from the board) that I had a messy yard, so I send them a copy of the signed approval.

The board wanted to raise the dues - a lot! But there was a limit as to how much they could be raised each year. They got around that by making smaller rate increases retro-active for several years.

 

[plowhog]

....and that is why you should never live in a place that has an HOA.

I'm a licensed real estate broker who has training and experience to know the benefits and drawbacks of a HOA.

When I decided to relocate to Northern Nevada, I bought a small home in an HOA community-- restricted to 55 years or older, with a .... supposedly dreaded .... HOA. That became my "entry property" to live in while I shopped for a larger retirement home. I wanted to use the smaller home to live in the local area, and learn the various neighborhoods and communities before committing to a larger purchase.

The home was brand new, fully complete and move-in ready. I paid under $250k for it. Four years later, I sold it for nearly $400k.

When coming to that area, I targeted HOA communities for my initial purchase because they offer a known, safe environment. It was important to me to know that the neighbors would not be putting cars up on blocks in their driveway prior to me wanting to sell-- a sure way to bring down neighboring values. Or any other of a multitude of ways to drag down values. So the "known quantity" of an HOA home met my needs, worked out as expected, and I made about $150k profit in just a few years.

Later I bought a rural property with an HOA that is now defunct. Nobody seemed to be interested in being a board member. So its an "HOA property" without a functioning HOA.

The advice given here was *never* buy an HOA property. I bought two, back-to-back. So where have I gone wrong with my purchases and decisions?

 

[Sigarms]

The advice given here was *never* buy an HOA property. I bought two, back-to-back. So where have I gone wrong with my purchases and decisions?

I understand the saying "never say never...".

The first home I ever bought (where I'm currently living 13 years later) I did when I was in my early 40's. It had a good portion of land, and I could shoot and pee off my back porch with no issues, AND I could my mow my front lawn naked with no complaints if I wanted to LOL

You bought into a HOA as an investment the first time. Get it, safe bet because nothing will look like crap when you want to resell, which you were looking to do when you bought the place to begin with. The second HOA you bought into, you lucked out and had no clue how that was going to play out.

My point, if you want to build a family and have land and stay there for a good 20 years, DO NOT buy into a HOA. Heck, there may be a time where my wife I retire to a shore community instead of Airzona or Utah. Different criteria that people are looking for due to where they are in life and what they want for a home will have a huge vaiable IMO on what you decide.

 

[plowhog]

The second HOA you bought into, you lucked out and had no clue how that was going to play out.

That is not the case. The existence of the HOA at the second property was disclosed in the property listing and in the escrow process. Those disclosures are required by law. I did my *due diligence* by contacting the existing HOA prior to releasing my contingencies to purchase. In other words, I did my research and thoroughly investigated the property. btw, I find more problems with novice buyers not doing such due diligence and creating future problems than I do with folks becoming unhappy with having bought into an HOA. It is amazing to me that so many buyers have the false impression their real estate agent or escrow agent is going to examine every nook and cranny of a purchase-- which is not their job. That's up to the buyer.

Now the other side of the coin. I own another HOA property in Las Vegas, NV. That property year-over-year has had the highest legal bills of any HOA in the state. Due to numerous lawsuits from HOA members, including naming Board Members which tangled them personally into legal peril. This was a consequence of the economic downturn back in '08 and '09. About 10% of the owners were financially bust and could not afford basic expenses on their property. So they banded together, all stopped paying HOA dues, and filed multiple lawsuits claiming discrimination, etc. If you listen to them the HOA board was terrible. If you listen to the other 90% of the owners, including me, these were people who bought in way over their heads financially, and when they couldn't afford something they initiated lawsuits as a smokescreen. Many filed bankruptcy which stalled the HOA from taking their properties back-- likely their intention to start with to drag out foreclosure and enjoy their properties, cost-free, for several years. The 90% of the "good" residents had to absorb the punishment of the legal wranglings, which we eventually prevailed on.

As I first said, I have a license and training to know the advantages and disadvantages of being in an HOA. There are certainly both, but that doesn't justify a blanket prohibition to never buy one?

 

[RickB]

That is not the case. The existence of the HOA at the second property was disclosed in the property listing and in the escrow process. Those disclosures are required by law. I did my *due diligence* by contacting the existing HOA prior to releasing my contingencies to purchase. In other words, I did my research and thoroughly investigated the property. btw, I find more problems with novice buyers not doing such due diligence and creating future problems than I do with folks becoming unhappy with having bought into an HOA. It is amazing to me that so many buyers have the false impression their real estate agent or escrow agent is going to examine every nook and cranny of a purchase-- which is not their job. That's up to the buyer.

Now the other side of the coin. I own another HOA property in Las Vegas, NV. That property year-over-year has had the highest legal bills of any HOA in the state. Due to numerous lawsuits from HOA members, including naming Board Members which tangled them personally into legal peril. This was a consequence of the economic downturn back in '08 and '09. About 10% of the owners were financially bust and could not afford basic expenses on their property. So they banded together, all stopped paying HOA dues, and filed multiple lawsuits claiming discrimination, etc. If you listen to them the HOA board was terrible. If you listen to the other 90% of the owners, including me, these were people who bought in way over their heads financially, and when they couldn't afford something they initiated lawsuits as a smokescreen. Many filed bankruptcy which stalled the HOA from taking their properties back-- likely their intention to start with to drag out foreclosure and enjoy their properties, cost-free, for several years. The 90% of the "good" residents had to absorb the punishment of the legal wranglings, which we eventually prevailed on.

As I first said, I have a license and training to know the advantages and disadvantages of being in an HOA. There are certainly both, but that doesn't justify a blanket prohibition to never buy one?

Everybody gets to make their own choices. A blanket prohibition does not exist except as imposed on a buyer as a result of his own views. As I stated, I happen to agree with the OP and would not consider a property with HOA, accessed by a private road or a shared driveway, or encumbered by an access easement. The restrictions and covenants you decide to accept are your business, not mine.

 

[Sigarms]

As I first said, I have a license and training to know the advantages and disadvantages of being in an HOA. There are certainly both, but that doesn't justify a blanket prohibition to never buy one?

Nah, if you want to have to deal with buttholes, get into a HOA. If you want to OWN your property, DON'T buy into a HOA. Simple guideline for idiots. I've always liked the Keep It Simple Stupid method.

As someone else here said, everyone has easements onto your property to some extent, and technically, no one really owns the land except the government, that said, if at minimum you want to pee and shoot off your back porch, an HOA isn't it.

Isn't that what we all move out to the country for? (to shoot and pee off our back porch and raise/grow whatever we want).

As far as easments go on a property with another citizen that has rights to that easement? If you don't pass and have to deal with stupidity, don't post here asking what your options are.

 

[plowhog]

My personal opinion is that 55+ communities with an HOA are a good choice for older or elderly residents to consider. If you are 90 years old and still want to shoot guns from your back porch, an HOA isn't going to work for you. But there are millions of others who could potentially benefit.

Some of the neighbors in the 55+ community I bought into, due to age, could not care for their properties even if they wanted to. Due to age, illness, or infirmity even mowing the lawn was out of the question. And for those with impaired driving skills, still legal but impaired, it was safer for all having almost no children around. Especially with things like backing up or out of a driveway.

The 55+ HOA community I bought into also had many organized activities as part of the HOA umbrella. Even though I never attended any, some of my neighbors enjoyed them immensely and attended a lot of them. Many of them had few relatives in the area, and at their age making new friends was difficult except for the social fabric offered as being part of that community.

This particular forum is more oriented to rural living and folks who want to shoot guns off their back porch. I'm part of that group also. So the demographic here would probably have a significant bias against rules and regulations, which is the HOA domain. But I recognize the value and appeal for folks in different circumstances, with different views.

Having said all of that, the one thing I would NEVER do is volunteer or serve on an HOA board. I'll have to leave it to others to do that.

 

[Oldoak]

I could just imagine all the posters in this thread all living in the same development with a H.O.A.
Talk about what chaos, possibly murder and suicide. :laughing:

Oh, absolutely no H.O.A. for me. I value my freedom too much to do as I please on my own property. And my distant neighbors can do the same.

 

[Oldoak]

My in-laws are in a subdivision that had an HOA. They had a little yard barn next to their garage, about 10' away, so that they could walk out the side service door and straight into the yard barn. Kept their lawn and show equipment in there. It's real cute, painted to match the house with a flower box and flagpole.

They get a nast letter from a neighbor telling them the yard barn doesn't conform to the HOA agreement, it has to be behind the rear setback, they need to move it, or they'll face legal proceedings.

My in-laws were quite upset.

So I look at the HOA agreement, it specifies yard barns. I read up.

Then I drive over to that neighbor's house, show him the agreement, and point out that HIS yardbard is 2X larger than the limit specified by the HOA.....

I tell him as soon as he tears down half of his yard barn, I'd move my in-laws shed to the back.

That's the last we heard from him.

That doesn't make it right. Now there are two residences in violation of what they signed into. Or don't the H.O.A. rules and regulations apply to everybody equally?:confused3: