No HOA = violations of covenants and restrictions (condo, lawyers)

[hey teach]

When we bought in our current subdv., the covenants and restrictions were one of the selling points for us. The C & R were not too extreme, but seemed to be enough to prevent the area from becoming trashy. There was no HOA provision in place, but supposedly on the plan. At first the sbddv owner enforced the restrictions, but lately he has stopped and just allows homeowners to do whatever. There are still many lots open to be built on, so "built out - I don't care" shouldn't be the case. When homeowners are approached about their violations by other homeowners it seems to create friction and they usually respond "what restrictions, I didn't know there were restrictions".

I hear alot about HOA nightmares, but lately I wish we had one. Any thoughts on how we might deal with this problem short of a lawsuit would be appreciated.

[Hobgob]

You should read this.

http://www.city-data.com/forum/atlan...arage-hoa.html

[bmrisko]

Do you mind stating what neighborhood...feel free to PM me. Thanks!

[BobWallace]

Best thing would be to establish a HOA to enforce the C&R.

[y8tiger]

The grass is always greener...so be careful what you wish for. We lived under the strict thumb of a HOA in WA and it was a real nightmare. Never again.

[hey teach]

Originally Posted by BobWallace

Best thing would be to establish a HOA to enforce the C&R.

Those who are not in compliance with C&R are vocally against establishing any type of HOA or neighborhood association.

[Heidi60]

We didn't understand how condo worked when our realtor talked us into buying into this HOA. Within weeks were informed about how the board members were spending money on themselves and just looking the other way when it came to the property mgt. not being able to provide our banks statements. They were washing each other's hands and made it difficult for homeowners to get financial info. Finally, the HOA election laws were changed and some new blood on the BOD was able to get rid of the mgr.

If you google HOAs you will find a group of lawyers in CA trying to racketeering statues again the abusive HOAs and the CA legislature has enacted minimal laws to protect homeowners. Make no mistake about it, HOAs are not in the best interest of the homeowner as they feed the property mgrs, lawyers and sometimes the BOD. Many homeowners have lost their homes and finances due to this extra layer of taxation so please think long and hard about what you wish for. Just search this site and you will find many who regret ever buying into the scheme, including me.

[BobWallace]

Originally Posted by hey teach

Those who are not in compliance with C&R are vocally against establishing any type of HOA or neighborhood association.

No doubt! Typically the developer controls until the neighborhood is built out. There should be provision in the C&R for procedure to establish HOA. Usually can be done unilaterally by developer or by agreement of majority of owners (probably a supermajority).

What do your C&R say on the subject?

[hey teach]

C & R does not address future establishment of a HOA. We are thinking of listing our house before the neighborhood begins to go down. We know once it is built out there will be absolutely no control.

[pyro4ik]

Originally Posted by Hobgob

You should read this.

http://www.city-data.com/forum/atlan...arage-hoa.html

Pillars in the driveway huh, 99% of people in Alabama would have those moved with a pickup truck (their own or a friends) in like an hour.....