Would you buy into a homeowners association?

Gatorboy · Mar 7, 2006

( What the HMAs have done is banned pickups unless they are parked in a garage. ) 

The entire CITY of Cape Coral, Florida banned pickups from being parked outside until just a few years ago.

SnowRidge · Mar 7, 2006

Tellico Village is an upscale, expensive planned community on Tellico Lake, just south of Knoxville. When we moved to the area, we found that the local paper ran a weekly column about the "doings" there. The very first column we read was about the two different Tellico associations, the Home Owners Association and the Property Owners Association. They were in the process of suing each other. /forums/images/graemlins/tongue.gif /forums/images/graemlins/crazy.gif

I imagine at least a few people were members of both associations. Can you imagine having to absorb the cost of suing yourself?

Now, my own experience...

At one time I lived in a small 10 lot riverfront subdivision. About half the lots had houses, the other half were bare land. The lots were in a straight line, and each one had about the same amount of river frontage. There was a private road across the back of all the lots for access to lots 2 through 10. Lot number 1, which was mine, was on a paved road. The private road connected with the paved road at the back of my lot. There was a recorded easement across my lot for that purpose. I got no benefit from the private road.

The subdivision had a moribund home owners association with no written restrictions, other than minimum dwelling size and a few odd bits of no real consequence. Dues, fees, and road upkeep weren't mentioned in any of the documents. There hadn't been a meeting in years, as far as I know.

Road maintenance was catch as catch can by one property owner who had access to a tractor. Fortunately, it didn't need it very often, and the fellow who did it enjoyed it. All was calm, quiet and laid back, and then......

One day I get a knock on the door. It's two individuals that I had never met. They turned out to own two or three lots down at the end of the subdivision. At least one of them lived down there.

They presented me with a draft copy of proposed new HOA documents, which among other things:

1. Appointed the two individuals to all the elected offices in the HOA.

2. Set up a monthly dues structure.

3. Established an Architectural Control Committee ACC).

4. Appointed the two individuals as sole members of the ACC.

5. Banned metal roofs

6. Gave the ACC the "right" to enter any lot in the subdivision and summarily remove any nonconforming structure. The property owner was to have no recourse.

7. Provided for road maintenance, with the costs to be shared equally by all owners, never mind the fact that the owners at the far end of the road got the greatest benefit, and the owner of lot 1 (me) got no benefit whatsoever.

There were other restrictions, but these are the ones that stick in my mind, and they are the ones that prodded me to action.

I went down to the courthouse and obtained the names and addresses of all the owners from the tax records. Then I wrote a nice long thoughtful letter to all the property owners except for the self appointed duo. I mailed the letters registered mail with return receipt, so that I could track who got them and who didn't. Then I waited.

I was somewhat disappointed not to be contacted by any of the out of town owners, but I guess I had made all the points I needed to in my letter. When the vote came around, the change to the charter was soundly defeated.

My point: If you live in a HOA community, someone (or someones) will try and control your life, and they will do so to the fullest degree that they can get away with. In order to prevent this, you just about have to get involved in the HOA, whether you want to or not. It is seldom fun, always work, and you will not be thanked for it, only complained to.

The latter from my wife, who was an officer in a HOA when we met.

Never again.

SnowRidge · Mar 7, 2006

Cape Coral is the laughing stock of Southwest Florida.

MotorSeven · Mar 7, 2006

Dan

Good lord....a court actually ruled in favor of .......Common Sense? /forums/images/graemlins/blush.gif /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

RD

MotorSeven · Mar 7, 2006

Hey Snow,

Excellent example. I have a similar story from down here(FL), but i don't want to put everyone to sleep(long). I will say one last thing, i'm not sure i understand what childhood problems manifest themselves into a person that gets his/her kicks from controlling other peoples lives. I have been involved with this up front and personal, and it is down right scary. They can be fought successfully, but the cost in time/money/mental anguish sometimes is just too much. Some of my co-workers wouldn't dare live outside of an HOA and that is their choice.
The last time i was up to my place in TN, i saw a new subdivision going in near town. It had two stone gates with lions perched on top with a "lots for sale" sign out front. Kinda made the hair on my neck stand up /forums/images/graemlins/blush.gif!

RD

dmccarty · Mar 7, 2006

RD,

Well, at least for now! /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

Later,
Dan

riptides · Mar 7, 2006

( I understand completely. It's a NIMBY thing. )

Actually, more in reference to a Not In My HOA.

One needs to leave out as much interpretation of HOA rules, covenants and by-laws as possible. That way, when the property owner goes to do something, it is spelled out in black and white.

Issues with HOA's are more easily dealt with if they are spelled out. Much too often people try to impose their wills and ideas on others.

It is not difficult to deal with an HOA that was set up properly from the get go.

-Mike Z. /forums/images/graemlins/grin.gif

JoeR · Mar 9, 2006

I personally dislike HOA's but I understand why people want them. HOA's have become de-facto governments and that is their biggest flaw. They have more power and control than your local municipality. You get a clique running the HOA, and all the outsiders suffer. No way to stop it. These de-facto governments do not have checks and balances either. It is all in the contract, and there is no room for interpretation.

I bought enough property so I don't have to look at my neighbors' property. If my neighbor does something I dislike, I tell them. I am not afraid to let them know what I think. I don't need a HOA or lawyer to communicate with my neighbor. I don't stop my neighbors from doing anything with their property, but they know where I stand. I will still go over their house and help them even when I disagree with them. One of my neighbors put up a 60x40 building. I didn't agree with it, but I couldn't see it, nor could it be seen from the road. Ugly looking building. Although, when I bent my 3pt stabilizer, I called him up for help. He had a 20 ton press and full machine shop in that ugly building. Fixed my stabilzer on the spot. Suddenly I liked that metal building. He laughed when I told him I changed my mind about his ugly looking building.

Overall, I think too many of us have forgotten how to communicate with our neighbors, and some of us have forgotten how to be good neighbors. If a couple of my neighbors told me they didn't like something I was doing on my property, I would try to work with them to resolve it. Yes, it is MY property, but they are MY neighbors, and I respect them even when I don't like them.

Joe

ksmmoto · Mar 9, 2006

I would never put up with a HOA, I can barely tolerate any rules as it is. And I do have neighbors in trailers and with the junk decorated yards. It just makes my yard look that much better!

I feel that freedom is always more important then almost anything else. If you want more control and privacy, buy more land.

ksmmoto

tlbuser · Mar 9, 2006

( I personally dislike HOA's but I understand why people want them. HOA's have become de-facto governments and that is their biggest flaw. They have more power and control than your local municipality. You get a clique running the HOA, and all the outsiders suffer. No way to stop it. These de-facto governments do not have checks and balances either. It is all in the contract, and there is no room for interpretation.

I bought enough property so I don't have to look at my neighbors' property. If my neighbor does something I dislike, I tell them. I am not afraid to let them know what I think. I don't need a HOA or lawyer to communicate with my neighbor. I don't stop my neighbors from doing anything with their property, but they know where I stand. I will still go over their house and help them even when I disagree with them. One of my neighbors put up a 60x40 building. I didn't agree with it, but I couldn't see it, nor could it be seen from the road. Ugly looking building. Although, when I bent my 3pt stabilizer, I called him up for help. He had a 20 ton press and full machine shop in that ugly building. Fixed my stabilzer on the spot. Suddenly I liked that metal building. He laughed when I told him I changed my mind about his ugly looking building.

Overall, I think too many of us have forgotten how to communicate with our neighbors, and some of us have forgotten how to be good neighbors. If a couple of my neighbors told me they didn't like something I was doing on my property, I would try to work with them to resolve it. Yes, it is MY property, but they are MY neighbors, and I respect them even when I don't like them.

Joe
)

Excellent post!