What legal power do HOA's have to enforce their CC&R's? Anyone ever tangle with a HOA? What was outcome?
Asking for a friend
Asking for a friend
Legal Power of a Homeowners Association?
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They have what ever power you signed over to them when you purchased. But, if you are an American, then you are probably litigious. So . . . have fun and spend money.
Highly variable. Some are fairly harmonious, although the activist owners develop an edge. Here and there I hear of heavy handed and nasty associations that make one glad he's not an owner. Some people make a life career out of being active, and that is not always good.
The HOA will win if the issue is covered in the handbook.
In our municipality the HOA covenants have the same legal standing as municipal code.
Most have a lot of power. And most will use the HOA funds to pay their attorney to enforce their guidelines. They don't have a choice, if they let one thing slide, their guidelines become essentially worthless. Unless your position is very strong, either comply or plan on writing checks to your attorney.
Regarding HOAs/POAs, in a general sense, if enforcing a rule would produce a life-negating result, it is virtually guaranteed to be enforced. On the flip side, if enforcing said rule would be life-affirming in any way, shape or form, it's at best a coin flip. The smart money's on them looking the other way.
Lovely world we live in, eh?
Lovely world we live in, eh?
If it’s written well and enforced properly, agreed it’s not worth it. If something is looking to be enforced outside the writing, then maybe. If things are being enforced inconsistently, then also maybe( or at least a standing to make the committee nervous and drop the issue).
I am part of a generally lenient lake association, but I would never buy a house that’s part of one again. Couldn’t imagine living in a strict one with a book of rules.
I am part of a generally lenient lake association, but I would never buy a house that’s part of one again. Couldn’t imagine living in a strict one with a book of rules.
HOA’s suck. They are for Karen’s from big cities who want to run everybody’s life because they have a sucky life of their own. I would never buy into any area that had an HOA. They can and will push their rules on you and there is very little you can do except comply.
There's that. On the other hand, the HOA can be a good thing. Imagine owning a half million dollar or more home and your neighbor decides they want a green roof? Or to put the car they're restoring up on blocks in the front yard? In general, I see more benefits than penalties to HOAs.
That’s the beauty of our country…some folks like rules/boundaries and some don’t. There is room for both and that’s a great freedom.
Sometimes, it's a matter of the lesser of two evils. We bought a house in Florida two years ago. There were several we were interested in that I nixed because of an overly restrictive and controlling HOA.
If you live in a HOA & sell your home, would the HOA apply to the new owner? And if so why? The new owner wouldn't be responsible for your debts, as example, so how could the new owner be responsible for the original owner's HOA obligations?
HOA sucks ass. At least where I used to live. Not too sure about current location. Most of everything outside of house is kept in shape by HOA, such as mowing and house wash. So far everyone has been polite and agreeable, but I'm sure things will change as the time goes by. My arm hurts from waving at neighbors while driving in and out of the subdivision.
Before you purchase that home, you have to sign the HOA agreement. No signature, no sale.
Thanks for the info. Sounds like the owner doesn't really 'own' the home if the sale is subject to an outside entity, but they all know this going into it.
If you own a home inside any municipality, there are rules and guidelines you have to follow with it without an HOA. If you have a major repair, remodel or addition, chances are you have to comply with residential building code for example that had nothing to do with an HOA.
Another thing you can do … A HOA for one of my acquaintances was strange … they did not allow guests parking in front of the house, guests had to park half a mile away. There were a bunch of other stupid rules. Looked like the HOA was run by folks who had no friends and no relationship with family.
So he campaigned, gathered support and voted the HOA out of office, and put a new set of people in charge, who removed these rules.
So he campaigned, gathered support and voted the HOA out of office, and put a new set of people in charge, who removed these rules.
Because the new owner has to agree to become a member of the HOA and be subject to the bylaws and rules governing the the condo, townhome development or subdivision, when they buy their unit. You can't buy and then say I don't want to be part your condo, townhome development or subdivision. Some condos even required you to be approved by the other owners before you are allowed to buy. It's your choice whether you want to buy in or not, but if you do, you then have to comply with the bylaws or rules. It's kinda like joining a country club.
I purchased a condo in the neighborhood I grew up in, after escaping for 18 years. The HOA wasn't too restrictive growing up. The jury is out on my COA and they just turned over the entire board.
On a different note, I was able to take my daughter trick or treating on the street I grew up on this year. It was kind of neat and I caught up with a neighbor I had not seen in 8 years.
On a different note, I was able to take my daughter trick or treating on the street I grew up on this year. It was kind of neat and I caught up with a neighbor I had not seen in 8 years.