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xoxoxoBruce 08-30-2010 12:49 AM

Homeowners Ass
 
From BoingBoing
Quote:

Academics may "fight so hard because the stakes are so low," but housing association tinpot dictators fight hard over high stakes indeed: the power to run your neighbors' lives down to the tiniest little detail. Here's a collection of seven insane homeowners' association rules, every one of them abusively applied, putting a lie to the old chestnut about not worrying about crazy rules because they'll never be enforced.

1. Thou shalt not plant too many roses
A Rancho Santa Fe, California, homeowners' association targeted Jeffery DeMarco for exceeding the prescribed number of rose bushes allowed on his four-acre property. When DeMarco balked, the HOA levied monthly fines, threatened foreclosure, and ultimately defeated DeMarco in court. After a judge ruled that the willful rose enthusiast had violated the community's architecture design rules, DeMarco was forced to pay the HOA's $70,000 legal bill -- and lost his home to the bank.
Oh Man, this shit makes my blood boil.:mad2:

The rest are here.

Juniper 08-30-2010 03:11 AM

Seriously. That's why we live where we do, far away from those HOA's.

If I want to build a goddam shed in my yard, I'll build a shed!

Sundae 08-30-2010 06:37 AM

I dunno... some of them seem reasonable.
Okay, if not reasonable, then at least rules which were there to start with and should therefore be abided by.

The one about the retirement complex for example.
We have thoses here, and they are set up specifically for people above a certain age. No, yo uare not allowed to move members of the family in, regardless of circumstances, because unfortunately some people will take advantage and it will change the whole reason for the complex.
Of course I feel for the couple involved, but little girls are not allowed there. Sorry.
I'm not sure about the whole sueing thing though - that seems way over the top.

The dog thing too. They seem to have quite a reasonable explanation as to why pets are not allowed in the lobby. Again, it's the people who allow animals to cause a nuisance who make the rule necessary, but it's a valid one. Why could the lady not have used a shopping trolley type arrangement? Of course if she did and that was rejectec I'd be totally on her side. She also owns quite an energetic breed for someone who has trouble walking...

And the smoking thing?
Only unfair if you moved in and the rules were changed.
If my Mum and Dad moved to a no-smoking place they would be delighted. In fact the Residents Association who they are pinning their hopes on has a no-smoking rule. It makes cleaning the houses after residents move much quicker and easier.
There are more non-smokers than smokers, so why should the majority have to pay for ceilings to be repainted and carpets replaced?

I have to admit, the only places here that impose any rules are rental agencies OR age-specific housing blocks. I'm not sure how I would feel if I bought my own place on an otherwise unremarkable estate and then was told how to live.

glatt 08-30-2010 07:37 AM

Yeah, these are stupid rules. But if you buy a place governed by a home owners association, you have to follow their rules. If you don't want to be governed by a HOA, then don't buy a house that will be governed by one. It's simple.

dmg1969 08-30-2010 08:23 AM

I would never, ever, ever buy a house in an area that had a homeowners association. Ever! If I want to put up the tackiest, most gaudy lawn ornaments and Christmas decorations, I will. :D

xoxoxoBruce 08-30-2010 08:32 AM

It's not that simple. Large contractors are the only ones, around these parts, that can afford (get enough credit) to buy any land that becomes available. They build tracts of houses that can only be had with deed covenants and HOAs. So if you want a new house, you're fucked, unless you've got a few million to throw around.

But, there is hope.

Quote:

And the cat thing?
Only unfair if you moved in and the rules were changed.
If my Mum and Dad moved to a non-cat place they would be delighted. In fact the Residents Association who they are pinning their hopes on has a no-cat rule. It makes cleaning the houses after residents move much quicker and easier.
There are more non-cat owners than cat owners, so why should the majority have to pay for clawed woodwork to be repainted and pee stained carpets replaced?

classicman 08-30-2010 09:38 AM

I've dealt with some crazy crap from my HOA. I used to go to the annual meetings and listen to the differing perspectives on direction, enforcement... Things got so ridiculous I stopped going. There was more bitching and complaining.......

Fast forward about 15 years ... The shit has hit the fan. The same 5 women who were running the HOA have completely mismanaged the entire thing. They have chosen to enforce rules and regulations as they saw fit and on to whom they decided. This has led to several lawsuits ... more debt ... no transparency ...

Long story short, The power these nosy nellies got by lack of participation from the homeowners created a nightmare scenario for everyone. The situation we are in now is radically different. Enough people got pissed off to vote most of them out which is a good thing, but there are couple people who hold proxies for out-of-state landlords and this gives them an unfair amount of power and control. One thing which led to the problem. Over the last two years we have turned to a more active association, better neighborhood and more people are helping each other than ever.
This past years snow storms saw groups of neighbors all getting together to shovel as teams. That would have never happened in the past. Neighbors alternate cutting lawns - I'll do yours and mine this week - you take next week... that sort of thing. The interaction with the association has made a lot of positive things happen. They are not all bad.

BUUUUUTTT - Some of these people are friggin insane.

Some of the rules are there for a reason - property values. Fine I got that. I understand that very few people want a purple shed right next to the property line. Or a dog breeder with all that brings.

They had a man sent to jail for not sodding his lawn? WTF?
Banning smoking in YOUR own home? That must be a rental situation or something.

I've lived the best and worst of them. I've been on both sides. They aren't all nuts and the solution to this is . . . if you don't like the way things are - GET INVOLVED.

jinx 08-30-2010 09:45 AM

Quote:

Banning smoking in YOUR own home?
Keep in mind, when you but a condo, all you really own is the airspace inside the unit and the stuff you bring in.

classicman 08-30-2010 10:54 AM

Good point Jinx - very true and something many do not truly realize until after the fact. Similar, but not quite the same in townhome communities...

Cloud 08-30-2010 11:24 AM

Quote:

Originally Posted by xoxoxoBruce (Post 679347)
It's not that simple. Large contractors are the only ones, around these parts, that can afford (get enough credit) to buy any land that becomes available. They build tracts of houses that can only be had with deed covenants and HOAs. So if you want a new house, you're fucked, unless you've got a few million to throw around.

this is an issue we deal with all the time at work. I've discussed this many times with my boss, an attorney who does real estate work (and fights city hall and HOAs). All the new subdivisions have these very restrictive rules "to preserve the quality of the community." No RVs, no sheds, painting only certain colors.

I hate it. I'm not a homeowner, but my contrary and alternative nature decries these type of restrictions. It's the same with restrictive building codes. They leave no room for innovation or experimentation with green building, energy solutions, permaculture solutions, etc. I hate all the houses being the same; I hate not having the opportunity to raise rabbits or whatever the fuck you want. If I pay $250,000 for a house, why shouldn't I be able to hang my laundry outside or paint it purple if I want to?

As I don't own a home and don't have $250,000 (or something) to buy one, I guess it doesn't much matter to me. But I still hate it.

Sheldonrs 08-30-2010 11:45 AM

There's a retirement condo village in my hometown that forbids any and all Christmas decorations inside or outside of your unit.

Sundae 08-30-2010 11:50 AM

Quote:

Originally Posted by xoxoxoBruce (Post 679347)
It's not that simple. Large contractors are the only ones, around these parts, that can afford (get enough credit) to buy any land that becomes available. They build tracts of houses that can only be had with deed covenants and HOAs. So if you want a new house, you're fucked, unless you've got a few million to throw around.

TBH - I was only thinking of this in terms of rental property. In which case I agree with both smoking and animal bans. And yes - if you move into a property where cats aren't allowed, you can't bitch about it afterwards.

However I didn't realise that we were talking about whole communities of people who own and will sell their own homes, being told what they can and cannot do inside them. Wow. Land of the free...?

classicman 08-30-2010 12:33 PM

Lets not forget - there are plenty of places where you can buy a home that is not restricted in any way shape or form. The more recent trend does go to the builders who buy large plots of land and build developments. Some are restricted, others not.

Lamplighter 08-30-2010 12:54 PM

@ Sheldonrs: No Christmas decorations inside or out !

@classicman: Strange how the word "restricted" in real estate has changed over the years.

classicman 08-30-2010 12:58 PM

yeh - I was looking for another word ... meh - the point was made, I hope.

Cloud 08-30-2010 01:16 PM

I'd be very surprised if you found a modern urban or suburban development in incorporated cities or towns that did NOT have restrictive covenants on it. Out in the sticks--maybe, but that's about it.

We defended one suit where a guy built a shed in his backyard, which the neighbors did not like. Another lawsuit where the neighbors sued a guy in a wealthy development for painting his house orange. (Rules said it had to be a natural desert color--we were able to show that there were desert plants that bloomed in this color). Two other suits where people made additions to their homes that were either too close to their neighbors' fences, or not approved by the HOA. These were all large, expensive single family homes.

classicman 08-30-2010 01:45 PM

Quote:

Originally Posted by classicman (Post 679382)
The more recent trend does go to the builders who buy large plots of land and build developments. Some are restricted, others not.

Quote:

Originally Posted by Cloud (Post 679394)
I'd be very surprised if you found a modern urban or suburban development in incorporated cities or towns that did NOT have restrictive covenants on it. Out in the sticks--maybe, but that's about it.

I was referring to those where the homes are custom designed and built in that fashion versus the developments. Poor writing on my part. As the economy has tanked, there are certainly fewer of these, but there are some still around.

glatt 08-30-2010 01:59 PM

Quote:

Originally Posted by Cloud (Post 679394)
people made additions to their homes that were ... too close to their neighbors' fences

This is a county law around here. You have to get a building permit to build an addition, and it has to have certain setback from the property lines. That's totally different from not mowing your lawn, painting your house a funky color, or having a flock of pink flamingos in your yard. It's reasonable to control construction of buildings.

Shawnee123 08-30-2010 02:24 PM

Quote:

Originally Posted by Sundae Girl (Post 679377)
TBH - I was only thinking of this in terms of rental property. In which case I agree with both smoking and animal bans. And yes - if you move into a property where cats aren't allowed, you can't bitch about it afterwards.

However I didn't realise that we were talking about whole communities of people who own and will sell their own homes, being told what they can and cannot do inside them. Wow. Land of the free...?

Besides, in England, wouldn't it be Homeowners Arse? :)

Lamplighter 08-30-2010 02:28 PM

A (sort of distant) neighbor was having troubles with his yard-signs being stolen at night before a nat'l election, so he painted the same signs , only much larger, directly onto the front of his house.

It drove the neighbors crazy to the point of complaints to the City, articles in the newspaper and local TV, and complaining letters to the Editor.

Many of us just got a big kick out of all the furor,
and the neighbor got his 15 minutes of fame.

Sundae 08-30-2010 02:33 PM

Quote:

Originally Posted by Shawnee123 (Post 679407)
Besides, in England, wouldn't it be Homeowners Arse? :)

It would be Homeowners Kiss My Arse!

Honestly, I had no idea the rules could apply to normal people living in normal houses. To me a Housing Association is a registered charity that provides below market cost rental properties and therefore is entitled to place restrictions. I know some - private - flats that have petty rules about no decorations outside the front door and all that (tripping hazards). But really, people unable to smoke in a house that they personally own? Now that's getting silly.

Clodfobble 08-30-2010 02:40 PM

The theory behind it is property values--if your neighbor leaves trash out on the street, paints his house neon green, and has 10 pet dogs chained in the front yard, your house is going to be worth less, maybe even unsellable. Each neighborhood has its own set of rules that either the developer drew up, or the original set of neighbors drafted and agreed to. In addition, any neighborhood with a Homeowner's Association also has yearly dues, which are spent on neighborhood parks, community fencing along roads, that sort of thing. Ours has 3 pools and a really nice community center, and I've never heard of the rules around here being arbitrarily or unnecessarily over-enforced, so it's not all bad.

HungLikeJesus 08-30-2010 03:17 PM

I've never really understood why people want their property values to go up - doesn't that just increase your property tax?

Cloud 08-30-2010 03:35 PM

even custom designed homes are in subdivisions, and the subdivisions have restrictions.

I'm buying a yurt to stick down in the middle of suburbia. rotters.

Gravdigr 08-30-2010 04:11 PM

Quote:

1. Thou shalt not plant too many roses
A Rancho Santa Fe, California, homeowners' association targeted Jeffery DeMarco for exceeding the prescribed number of rose bushes allowed on his four-acre property. When DeMarco balked, the HOA levied monthly fines, threatened foreclosure, and ultimately defeated DeMarco in court. After a judge ruled that the willful rose enthusiast had violated the community's architecture design rules, DeMarco was forced to pay the HOA's $70,000 legal bill -- and lost his home to the bank.
This how some people get killed. But, really, if you move into a neighborhood with an HOA, you pretty much deserve what ya get.

jinx 08-30-2010 05:10 PM

People (home buyers) are attracted to HOA neighborhoods because of the curb appeal and ammenities that regular neighborhoods don't have. The HOA rules and regulations are not a secret - generally settlement can not be made on a home until these are read and signed by the buyer (often, offers on a home will not be accepted without including a buyer-signed copy). Complaining about what happens when you break the rules is retarded... shoulda bought a different house (but you probably didn't like the purple yurt next door to it).

People that this story is written about are the people that want their own freedom but don't want their neighbors to have any. Fuck em.

Happy Monkey 08-30-2010 05:46 PM

There are probably plenty of people who bought a place despite the HOA, not because of it. It's still on them if they fall afoul of it, but it's not necessarily true that they "don't want their neighbors to have any" freedom.

jinx 08-30-2010 07:19 PM

Quote:

who bought a place despite the HOA, not because of it.
Why, because the beige wall-to-wall was such a nicer shade than in all the other cookie cutters they looked at that day? Please.

Happy Monkey 08-30-2010 09:21 PM

Price, location, the house itself, there are tons of factors in choosing a home, and they all have different weights for different people.

classicman 08-30-2010 09:25 PM

location , location & location are the big three.

jinx 08-30-2010 09:37 PM

This is the kind of place thats hot in this area. Its beautifully landscaped, perfectly manicured... its a whole lifestyle not just a home. People pay extra for it.

monster 08-30-2010 10:16 PM

There is no UK equiv of a home Owners Association. There really aren't "neighborhoods" like there are here. Brits, think of the "housing estates" built in the 70s/80s. And then add regulations, and only one way in or out.

So now, here's our tale......

We were horrified by HOAs, but we needed to live in this area and anything old enough not to be covered by an HOA was historic, small and way too expensive.

Then we found this neighborhood built by cowboys (Brit not Texan sense of the word.....) where the HOA had lapsed. Our Realtor assured us that a lapsed HOA has never been reinstated.

HA

A few years ago a couple of bimbos decided they wanted a few people to clean up their front yards. So they asked the agents who oversee the condos in the 'hood if they would be interested in managing our 'hood if the HOA was reinstated. Guess what? They said yes. And they provided a legal firm free of charge to help the re-instatement. They sent out mailings that looked like junk to invite people to vote (so no-one read it), they only needed 10% in favor to go ahead -the bimbos and their neighbors turned up and Bingo, everyone was slapped with a $300 bill with the threat of Liens. I was at the meeting because My kids caught the school bus with the bimbos' kids' and they told me (with pride) about their scheme to sort out the neighborhood, but I was the only dissenting voice.

The Management Agency took the money from those who paid and did nothing. Residents finally wised up, emergency meeting called, board replaced with a board who promised to do nothing except sack management company, when management company asked about return of fees/services, they said all bills paid so far didn't even cover their admin costs and they were planning to sue......

Cloud 08-30-2010 10:40 PM

it's hard to defend such a suit, too, because you have to band with the neighbors. and then pay for it. sucks.

monster 08-30-2010 10:50 PM

they didn't sue, though.... quelle surprise....

Lamplighter 08-31-2010 09:33 AM

I love coincidences... HOA's, Tea Party, Arizona, Metallica ...

NY Times article
Homeowner’s Fight Involves Flag Tied to Tea Party
By MARC LACEY
Published: August 30, 2010

LAVEEN, Ariz. — Don’t tread on Andy C. McDonel.
Joshua Lott for The New York Times
Quote:

Andy C. McDonel, who was told to remove the Gadsden flag from his roof in Arizona, says the flag is not a political statement.
This year, Mr. McDonel began flying a yellow “Don’t Tread on Me” flag on his roof in this unincorporated area just outside Phoenix.

The historic banner — which dates to 1775, when it was hoisted aboard ships during the initial days of the Revolutionary War — has been adopted by the Tea Party movement. But Mr. McDonel said that he had unfurled the flag for its historical significance and nothing else.
He notes that the banner, the Gadsden flag, has been widely used over the years and was even featured on the cover of a rock album“
Am I a Metallica fan because I’m using the flag?” he asked.

This month, he received a letter from the homeowners’ association ordering him to remove “the debris” from his roof.
It threatened fines if the debris (i.e., the flag) did not go within 10 days.
But Mr. McDonel, 32, a logistics operation manager, has vowed to fight the order.
Quote:

Mr. McDonel knows the rules well since, until July, he was a member of his homeowners’ association’s board of directors. He resigned in a dispute with the board’s president and shortly thereafter received his first debris notice. That one concerned a treadmill that he had left on his porch, which he admits was a violation of the rules.


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