Legal Power of a Homeowners Association?

[Servant King]

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.

That's because nobody technically "owns" anything. The American Indians knew this, along with many other indigenous groups. The best we can do is to possess and control something. You know the old axiom, "Possession is nine-tenths of the law?" Control is the other tenth! Now, when you possess and control something, it can certainly feel like ownership, but sadly this is illusory. Ownership in its true definition is an exclusive thing. It's 100%, no outside control. If someone or something else has an interest in whatever it is, you don't own it. Period. And legally and factually speaking, you agreed to it, and it's in a contract somewhere. That's how the HOAs are able to bind you to certain obligations; it's in the contract. The first "C" of CC&Rs is Covenant. A covenant is a contract. It's all promissory, and once it's in writing, they have all the evidence they need to nail you on whatever violation it is, and it'll hold up in court every time. So technically, the "O" in HOA is a downright lie, but this is understandable; if they called it a Homepossessors Association, people might not be so keen on diving headlong into such a purchase. They'd save it up, and blow it all on the next Esoterica drop... ?

 

[kcghost]

Depends on who is running the HOA. Sometimes they are rather nice people and can be dealt with in a civil manner. Other times they think they were appointed emperor of the land and they will make your life miserable.

 

[DanWil84]

My parents lived in a building where 10 or 12 other homeowners were united. After a while it was for them a reason to sell it, 5 or 6 conspired against the rest just because they didnt like each other and they got literally nothing done just because they couldnt come to a concensus.

My brother and brother in law live in a highrise with about 90 appartements. They have a company who is running the maintenance and updates to the building. Once a year they have a meeting with the planning of that year and vote yay or nay.

I live in a "normal" house, we don't have HOA for those.

 

[captpat]

We lived in an HOA community for a number of years -- never again. It only takes one or two busybodies on one of the various enforcement committees to make life miserable for everyone. Overzealous enforcement of some rules and uneven enforcement of others, usually to the benefit of friends. We started looking for a new home the first rule to our realtor was no HOA.

We did live for the last 20 years in a non-HOA community, arguably we had a stronger and more friendly community and no instances of folks letting their property fall apart or yards turning into jungles. YMMV

 

[Sweet Home Alabama]

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

What were you wanting to do?

 

[HawkeyeLinus]

What were you wanting to do?

They never like it when you want to hang your exotic lingerie off the balcony to dry, or your wife’s!

 

[Sweet Home Alabama]

They never like it when you want to hang your exotic lingerie off the balcony to dry, or your wife’s!

I was thinking there might be smoking restrictions. I've heard of no camping or other trailers in the drive, and some have restrictions on cars being outside the garage. I can see how building requirements can be valuable to maintain house values.

That said, the house I lived in before was in the sticks. I told the realitor to always tell prospective buyers to take a left at the end of the driveway..LOL!!!. If you live in the country, expect someone to roll or build a house next door. If you don't like it, find a restricted neighborhood.

People who buy in restricted neighborhoods do so for a reason , I suspect.

 

[FurCoat]

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.

No one ever owners their home or any property for that matter. Quit paying your taxes and it will become clear who you rent your property from.

 

[FurCoat]

I have never, and never will, bought a house with HOA restrictions. I don't like being told what t do and I'm damn sure not going to pay for the privilege.

 

[jpmcwjr]

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

Where is this? Each state is different as to how they may or may not back HOA's efforts to enforce CC+R's. And not all are drafted with the same severity or restrictions.

What is it "your friend" is wanting to do- or not do?

AND;
Please put your location in your Profile, as people are forgetful.
Why:
That will save questions in the future as to where you live when you later mention local stores, weather, tobacco prices, availability, regulations, location of photos, wildfires, air quality, etc. In many instances that saves time for those who read your posts. It cuts down on posts or PMs asking where you are.
How:
Under your avatar, (top right, left most of three symbols) you choose "Account Details", which brings up "My Account". "My Location" is halfway down. Whatever you're comfortable with- town, city, county, state. province, etc.

 

[Sweet Home Alabama]

I have never, and never will, bought a house with HOA restrictions. I don't like being told what t do and I'm damn sure not going to pay for the privilege.

There is a neighborhood less than 1/2 a mile from me that I am sure has an HOA which must be consulted before building. Some are over a million dollar homes. Some lots are so deep that when passing you see only the roof.

 

[eslavs]

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.

Lol, there is no shortage of these in this area. I have friends that live in one and the stories they tell me are mind boggling. Not to mention the utterly insane HOA fees.

Before we bought our current house, we rented a condo where the HOA required a full-on background check in order to 'approve' us and our lease. When the time came to move, we ruled out anything that was in what we thought was an oppressive HOA.

 

[FurCoat]

There is a neighborhood less than 1/2 a mile from me that I am sure has an HOA which must be consulted before building. Some are over a million dollar homes. Some lots are so deep that when passing you see only the roof.

That's how it was around here 10 years ago. Heck 20 years ago you could get 2600 sq ft with a 3 car garage on five acres for 350,000. Now town homes start at 325,000 and half a mil will get you 1800 sq ft on .17 acres that is slab on grade and built in less than two weeks. I used to build houses and I'll buy a double wide over the crap that is being built now. Crazy.

 

[cigrmaster]

My last two homes have been in an HOA community which I prefer. It keeps home values up where they should be and it stops dumb ass red necks from parking RV;;s in their drive ways. They come buy once a year to tell you to power wash your place as it gets dirty easily. I have no problem falling most of the rules. One thing is for sure, if you want to tangle with their lawyers, you had better have one of your own who cost you nothing to litigate. They will usually cave in when a family member is your attorney.

 

[hoosierpipeguy]

Lol, there is no shortage of these in this area. I have friends that live in one and the stories they tell me are mind boggling. Not to mention the utterly insane HOA fees.

Before we bought our current house, we rented a condo where the HOA required a full-on background check in order to 'approve' us and our lease. When the time came to move, we ruled out anything that was in what we thought was an oppressive HOA.

And that’s what people should do, i.e., research before buying. Vote with your wallet. In many areas, HOAs and the associated fees aren’t much of a concern. In Florida, there’s a huge variation in how restrictive and expensive they are. We’re talking everything from a few hundred dollars per year to tens of thousands. It’s a major reason we steered away from newer developments and found something we liked in a more mature, completely built out neighborhood.

Being in construction, we have to be aware of HOAs constantly.

On more than one occasion, I’ve seen people who had to replace a brand new roof because they failed to comply with the color requirements of the HOA. In one case, the morons installed this bright blue roof in the midst of a reasonably upscale neighborhood full of roofs that were all weathered wood. The blue roof looked like ass. In that case, I thought the HOA was a good thing.

 

[rajangan]

HOA neighbourhoods don't attract me at all. My block has a full range of architecture and value. In fact, lack of restrictions enables people to freely do cool things that actually bring up property value, like the guy with the 100' long two story underground garage with an elevator that's, i suppose as big as my house. People drive down my block just to look at the park and the houses. They don't do that in HOA suburbia. "Look Carl, that one has rectangular sconces." Might as well be either the matrix or East German condo building.

 

[Sweet Home Alabama]

That's how it was around here 10 years ago. Heck 20 years ago you could get 2600 sq ft with a 3 car garage on five acres for 350,000. Now town homes start at 325,000 and half a mil will get you 1800 sq ft on .17 acres that is slab on grade and built in less than two weeks. I used to build houses and I'll buy a double wide over the crap that is being built now. Crazy.

My house is a vintage brick rancher built in 1958. When the wind chimes move. I don't here a thing. It must be pretty air tight. Or, I am deaf...LOL!!

 

[fireground_piper]

Mine is specifically s lake owner association. And while some of that does touch property rules like septic and fertilizer, it’s main purpose is maintenance and control of the lake. I would say that I wouldn’t want to live in a state lake with all the random people coming and going along with no control over how the lake looks. To that extent, our association is a positive as only the membership can use it and there’s a vested interest in keeping it clean, treated and the dam operational. That all comes at a price.

 

[saintpeter]

HOA Roma locuta, causa finita

 

[warren]

If you don't have the title sitting in safety deposit box, your don't own your house . . . the lender does.