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

[TBone]

Same response as to the last "lucky" comment ...

No, it was not luck. I did my due diligence prior to purchase. The HOA home I bought was completely stand alone with no interconnected roofs of other properties. I did have to do a roof repair when I removed my satellite dish prior to sale and I needed no prior approval for that work. Common development properties with common walls or connected roofs add layers of complexity and potential for problems that I don't want. So, in my case, it is not an objection to an HOA, but a desire not to have common walls or common roofs.

This is the problem with blanket statements like: "Never buy into an HOA." There are so many flavors and variants that statements like that cannot stand up. Others had problems with repairs to an interconnected roof-- generating stories of how bad an HOA is. But I don't have an interconnected roof in any of the 3 HOA's I have owned in.

I now own beautiful rural property in Northern Nevada, it has pasture and water rights with ditch water, and a soon to be completed brand new home. Fabulous property and I am lucky to own it. It's the one with the HOA that is legally still in place but defunct from lack of interest or need. Had I heeded the "blanket advice" I would have missed out on a great opportunity. Had I heeded the "blanket advice" I would have also cost myself $150k in profit from the HOA home I lived in while shopping for the larger property.

I see so many buyers not do their buyer investigations and due diligence prior to purchase. I agree that control freaks on an HOA board can be a problem, but I also wonder how many of these "problem situations" arose from buyers who didn't fully understand what they were buying into?

I agree with Plowhog. Blanket statements like "Never buy into a HOA" make about as much sense as "Never buy a Kubota" or "Never buy a house in Texas". Before I bought my last house I got a copy of the HOA rules and covenants and read them carefully. It just so happened I agreed with everything it contained. Please note that I have lived in "the country" for 70 years with no HOA and this is my first experience with one. Ours does not tell us what color to paint our house or even what color the tractor in my back yard has to be. It does prohibit someone from putting a go-cart track on the lot next door and prohibits abandoned vehicles from being in plain view. In short it helps protect my investment I have in my home and makes a more pleasant living environment. Call me strange but I kinda like that.

 

[ultrarunner]

That's a new one on me. Wonder why?

I do know of many products that are legal in Nevada but not California. Certain oil based paints, lacquer, and a whole family of similar products. I think the Dry Treat sealer for tile and grout is also prohibited. I did buy a generator from Tractor Supply-- had it "shipped to store" to a California Tractor Supply. It arrived with a big "NOT FOR USE IN CALIFORNIA" sticker on it. Sitting in a TSC in California. I asked the manager about it, and he said: "Oh, you got one of the good ones!"

Could be any number of reasons... tuna has to be humanly caught so as not to endanger dolphins comes to mind...

A whole host of products like Generators/Engines "May" meet California standards but have not been tested so they are excluded...

VOC is a huge issue... my old car guys can't buy the material needed to restore their cars... some have literally moved to Reno or Medford for no other reason...

I have some older properties with oil base alkyd enamel kitchens... can only buy in quarts as gallons are prohibited...

One of the best, bar none, mildew resistant paint can no longer be sold here... but that also goes for ethanol free fuel...

What hurts one group often helps another... the road crews now have to paint the street lines and lamp posts 3 times as often as before... the water base simply doesn't last... the small engine guys could not be happier as my friend with 40 years in the business says... ethanol is the best thing that every happened for his business...

The plastic bag ban, disposable cups, drinking straws, etc. are already in place and spreading...

 

[Sprinklerman]

I live in a community with an HOA . About 25 years ago the covenants expired and were not renewed . So there are no rules at all . All the HOA does is run and maintain the community pool and pier . Its voluntary to join . We have had some yuppies with money move in . Well a group of them are on the board . And they propose renewing the covenants and had a 20 page book of rules . ( I heard rumblings this was coming ) . They stated they needed 80% of the membership to agree . Now there are 150 homes and 100 are active in the community the other 50 are older and dont bother . I had all my papers with me , copies of all the original plats , rules etc . So I object , I told them that they need 80% of 150 homes , not 80% of the 100 that are active . One guy in his 30's an attorney said they were correct . Until I dropped the copies of all the original deeds , and showed where it said EACH HOME IN THE COMMUNITY IS A MEMBER . Only active paid in full members can use the pool. " We will vote and change that then" . Thats when an old got up and introduced himself , he is an original owner , about 85 years old . he walked up to the board handed them some papers and sat back down. The president read them and said , the motion is withdrawn and wont be resubmitted . He was a lawyer and sued the community 20 years ago when they tried to do the same thing , he won big , he said he would do it again .

 

[ultrarunner]

As with most things the rules only have weight when someone is willing to enforce them...

 

[paulfun9]

I live in a community with an HOA . About 25 years ago the covenants expired and were not renewed . So there are no rules at all . All the HOA does is run and maintain the community pool and pier . Its voluntary to join . We have had some yuppies with money move in . Well a group of them are on the board . And they propose renewing the covenants and had a 20 page book of rules . ( I heard rumblings this was coming ) . They stated they needed 80% of the membership to agree . Now there are 150 homes and 100 are active in the community the other 50 are older and dont bother . I had all my papers with me , copies of all the original plats , rules etc . So I object , I told them that they need 80% of 150 homes , not 80% of the 100 that are active . One guy in his 30's an attorney said they were correct . Until I dropped the copies of all the original deeds , and showed where it said EACH HOME IN THE COMMUNITY IS A MEMBER . Only active paid in full members can use the pool. " We will vote and change that then" . Thats when an old got up and introduced himself , he is an original owner , about 85 years old . he walked up to the board handed them some papers and sat back down. The president read them and said , the motion is withdrawn and wont be resubmitted . He was a lawyer and sued the community 20 years ago when they tried to do the same thing , he won big , he said he would do it again .

You should make sure you talk to that man and understand how to stop them in the future. My bet is when he passes they will try and do what ever they want thinking they could get away with it.

 

[Sigarms]

I agree with Plowhog. Blanket statements like "Never buy into a HOA" make about as much sense as "Never buy a Kubota" or "Never buy a house in Texas".

It's a given that "blanket statements" can be proven wrong.

As noted, due your due diligence before buying a home and understand ALL the rules pertaining to an easement or an HOA.

However, in general, as I noted, I'll stick by my assertion that an HOA or easement is only a time bomb waiting to go off.

Perhaps my own take on it will change when I want to retire and "feel safe" protecting my investment.

 

[widefat]

It had a good portion of land, and I could shoot and pee off my back porch with no issues,

The true measure of a rural male is his ability to shoot and pee, whilst holding a beverage, all simultaneously.

Sorry, now back on topic.

 

[Sigarms]

The true measure of a rural male is his ability to shoot and pee, whilst holding a beverage, all simultaneously.

Sorry, now back on topic.

The boys have been known to take after some of my bad habits, particularly going "outside" before leaving the house (to the dismay of my wife), but peeing, shooting and drinking are 3 things that should always be done separately IMO

But that's just it, if I expect that I can pee and shoot off my back porch, I would expect my neighbors to have the same right as I do (needless to say, as long as you have the area to safely and responsibly shoot and pee off your back porch).

Like I said, first couple of months living here (moved in the summer), I would hear semi auto rifles going off at ALL times during the day AND night, and particularly at night it annoyed me at first, but, if my neighbors can shoot at night, so can I.

For myself, a good reason of my own move to the "country" was to get away from rules and regulations. That said, even then you still need to at least do some research on the area. I agree with those who feel that if you move by a farm, you can expect smells. That said, no way would I move close a hog farm LOL By that same token, if I'm going to spend my hard earned money on 5 plus acres, NO WAY am I going to have to deal with other people with any types of easements worked out on the land I'm buying. Way too many potential issues.

 

[MossRoad]

The boys have been known to take after some of my bad habits, particularly going "outside" before leaving the house (to the dismay of my wife), but peeing, shooting and drinking are 3 things that should always be done separately IMO

But that's just it, if I expect that I can pee and shoot off my back porch, I would expect my neighbors to have the same right as I do (needless to say, as long as you have the area to safely and responsibly shoot and pee off your back porch).

Like I said, first couple of months living here (moved in the summer), I would hear semi auto rifles going off at ALL times during the day AND night, and particularly at night it annoyed me at first, but, if my neighbors can shoot at night, so can I.

For myself, a good reason of my own move to the "country" was to get away from rules and regulations. That said, even then you still need to at least do some research on the area. I agree with those who feel that if you move by a farm, you can expect smells. That said, no way would I move close a hog farm LOL By that same token, if I'm going to spend my hard earned money on 5 plus acres, NO WAY am I going to have to deal with other people with any types of easements worked out on the land I'm buying. Way too many potential issues.

So you wouldn't have a problem if a CAFO started up next to you, right?

 

[Sigarms]

So you wouldn't have a problem if a CAFO started up next to you, right?

Given our neighbors and layout of the land with houses, that is VERY unlikely to happen. BUT if it did happen, I couldn't do anything. That's one reason why I picked to live where I did.