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HI
In my old communte to work I would pass some South Charlotte subdivisions that were built during the 70's, 80's and early 90's in the then outskirts of the city. As I drove by, over time, I began noticing how the growing trees were enhancing the community but also noticed how some of the home-owners were drastically enchancing the outside structural aesthetics of their homes in order to make them more appealing to some of the homebuyers who have "rediscovered" the area. For example some were adding a sunroom or taking the generic siding and putting stucco, stone, cedar shake or brick in its place. Making some of these production homes look less "nondescript" and giving them a healthy dollop of good old curb appeal. So now that got me asking myself . . . .
Do the HOA regulations normaly become less prevalant as the years(decades) pass by?
Or do you think these subdivisions are exceptions to the case since back then the rules did not have as many limitations as they have now?
Im so curious about HOA's and their long term effects.
this is really something that cannot be answered due to each hoa has their own standards. HOA would only be beneficial in the long term due to rules on maintaining up keep of the homes. For instance in our hoa rules there is clause on additions being added but only stipulation is it must be discussed with hoa before applying for your building permit.
Aren't the rules incorporated by reference into the deed? If that's the case, unless they are completely rescinded by the governing body, they would still be enforceable I would think. If I remember correctly, individual homeowners can bring about enforcement of the standards through legal action, not just a HOA.
Aren't the rules incorporated by reference into the deed? If that's the case, unless they are completely rescinded by the governing body, they would still be enforceable I would think. If I remember correctly, individual homeowners can bring about enforcement of the standards through legal action, not just a HOA.
You're right about that - individual homeowners threatened to sue the Board in one of the neighborhoods in my old development, to force them into stronger action against other homeowners who weren't in compliance.
Every set of bylaws I've ever read leaves most decisions up to the Board, so that the rules aren't too restrictive to keep up with the times. Although my last neighborhood had a very strict fence policy written into the covenants - but that was designed by the farmer who originally sold his land to the development company (it was a Federal Planned Unit Development). He never wanted his land visually divided by privacy fences, so he made the sale contingent upon his fence rules being written into the master bylaws. And 30years later nobody has been able to overturn them!
Interesting points megassels and ruiner. I asked since some homes in the Starmount subdivision have been drastically renovated. It is good thing since the community is looking prettier every day.
An HOA without 'vigilance' from inception sets a precedent of unenforceable bylaws. (Written into Deeds or otherwise). An enthusiastic board of members can enforce bylaws if done diligently and without delay. If an atomosphere of 'implied consent', (not taking action when violations occur), has existed for any length of time, the precedent is set and bylaws become toothless........and the HOA board is looked upon as nothing more than 'Vigilantes'.
An HOA without 'vigilance' from inception sets a precedent of unenforceable bylaws. (Written into Deeds or otherwise). An enthusiastic board of members can enforce bylaws if done diligently and without delay. If an atomosphere of 'implied consent', (not taking action when violations occur), has existed for any length of time, the precedent is set and bylaws become toothless........and the HOA board is looked upon as nothing more than 'Vigilantes'.
Eagleheart1 - appreciate the above info. Is there a law I can reference in AZ? Is your opinion based on legal fact and if so, what state or federal? Thanks.
Eagleheart1 - appreciate the above info. Is there a law I can reference in AZ? Is your opinion based on legal fact and if so, what state or federal? Thanks.
Unfortunately, this is an almost 8 year old post and "Eagleheart1" hasn't posted in about the same amount of time, so I will be surprised if he/she answers.
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HOA's that don't enforce CCRs/Bylaws
