Homeowners Ass

[xoxoxoBruce]

From BoingBoing

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.

The rest are here.

[Juniper]

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]

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]

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]

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.

[xoxoxoBruce]

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.

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]

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]

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]

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]

Originally Posted by xoxoxoBruce

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]

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

[Sundae]

Originally Posted by xoxoxoBruce

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]

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]

@ Sheldonrs: No Christmas decorations inside or out !

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

[classicman]

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