Legal Power of a Homeowners Association?

[jpmcwjr]

A lot of heat and little light caused by an open ended question by a fellow who's not followed up or answered any questions!

No one is forcing anyone to live in a property governed by an HOA.

 

[captainsousie]

A lot of heat and little light caused by an open ended question by a fellow who's not followed up or answered any questions!

No one is forcing anyone to live in a property governed by an HOA.

Some sound and fury signifying nothing eh? Sounds par for the course. Gotta love the hit and run approach too.

 

[anotherbob]

Nonsense. I guess you don’t really own your car because you can’t take the seat belts out. HOAs protect neighbors from neighbors who think they have a GD right to F$&k up their neighborhood’s property values without consideration for those around them. I have been an HOA president for a long time and the power of the HOA is limited to the CC&Rs and approved Architecture guidelines. If neighbors don’t like the guidelines they can recall the board and run members who will put up new guidelines for a vote or they can run for board positions themselves. Regardless, I have found that those who hate HOAs need to look somewhere else. But don't complain about the trash that impacts your property values when you go to sell. Or that barking dog at three in the morning or that loud music at all hours of the night. Oh, that’s right, it’s coming from your house. Right, I can see now why you don’t like HOAs. LOL.

So many things in life are like this. When it's working right and making things better nobody says a thing about it but the moment it gets out of hand and causes problems the whole thing is just terrible. When they keep a neighborhood nice people just ignore it and take it for granted. You know like how people act about doctors.

 

[jpmcwjr]

Was this a troll? Where is the o.p.?
Literally, where is he?

 

[magicpiper]

We own a condo rental property in Florida that has a COA. They do a great job at keeping the riff raft out. The neighborhood stays clean. Their enforcement helped us get rid of a dead beat renter that didn’t like paying rent. He was on tough times between all of the cruises and Caribbean vacations every few months. He was repairing cars in the attached garage for cash on the side. He actually had a block and tackle hung from the ceiling and was hoisting an engine out of a car when they caught him. I’m surprised the ceiling didn’t collapse. Yeah, writing the check to the COA every month sucks but its has paid off. The neighborhood where we live is only a few miles away from the condo community and has a far less powerful HOA. Hasn’t been intrusive or overreaching. They just send you love letters in the mail saying your grass needs to be cut or your driveway needs to be pressure washed. No big deal.

 

[Sweet Home Alabama]

While it may seem like the mortgage holder is the owner, he/she/it does not own the property. The title holder —i.e., whose name is on the title—does, regardless of where the title is housed or by whom.

I think I understand, brother?

 

[tbradsim1]

My second house was in a small subdivision, built a small addition on the back, back yard had a board fence. wife graduated from beauty school, started doing hair, told her one car at a time, she observed this. Got a cease and desist from the HOA, no businesses. Did my homework and found 5 businesses had thrived since subdivision Was incorportated Went to a Neighbors meeting, after they had their say I showed them my facts, told them my first cousin was an Admirality Lawyer in Houston, would defend me Pro Bono, Stunned their was no response, found out later the 2 that pushed it I worked with at Exxon. Saying this I believe HOAs that work are good for the values of your home, my situation was different.

 

[telescopes]

My second house was in a small subdivision, built a small addition on the back, back yard had a board fence. wife graduated from beauty school, started doing hair, told her one car at a time, she observed this. Got a cease and desist from the HOA, no businesses. Did my homework and found 5 businesses had thrived since subdivision Was incorportated Went to a Neighbors meeting, after they had their say I showed them my facts, told them my first cousin was an Admirality Lawyer in Houston, would defend me Pro Bono, Stunned their was no response, found out later the 2 that pushed it I worked with at Exxon. Saying this I believe HOAs that work are good for the values of your home, my situation was different.

HOAs work closely with their attorneys. Deviating from legal advice puts board members at jeopardy of loosing indemnification with their insurance coverage. It is something they aren’t allowed to discuss and I am not surprised you got no response. That said, when homeowners threaten a law suit, of any kind, the insurance company and the attorney are automatically notified. From experience, I can assure you that threats of litigation, even if not followed through, result in a higher insurance cost to the HOA. Every-time. Feel free to sue your HOA, but I encourage people NOT to issue threats of litigation at the outset. It doesn’t work and it raises your monthly assessments over time. .