Covenants, Restrictions, and By-Laws…Oh, My! (Huntsville: foreclosed, buying a home, neighborhoods)

[DvlsAdvc8]

Originally Posted by dramamama

And buyers coming into this area, will know they are AT RISK thanks to recent news stories and this forum.

And the developers will be forced to reevaluate the way they treat their homeowners.

CC&R are to protect us, NOT THEM.

If I could trust these developers to treat us honestly without false representations, I would be happy to let them keep the keys, but truth is, when we were in the NoVA sub, we were given the keys to the HOA at 2/3 build out and the developer DID NOT HAVE UNILATERAL RIGHTS OVER US.

What sub in NoVA were you in? Do you mean the developer had control during 66% of the build? As I said before, the defacto standard in VA is 75% from everything I can tell... that's the point at which all the homeowners together equal the voting power of the developer(s) with their typical weighted 3 votes per lot. In VA, if the original developer fails during that time - you're exposed to the same risks that homeowners in AL are. I've yet to ever see a C&R that the builder has no power to change prior to the transfer of authority to the HOA.

This issues you have aren't unique to this area or AL - Virginia has these problems once in a blue moon as well.

[ionlife]

Virginia had these problems once in a blue moon, but AL tends to have them several dozen times. I think it's easy to believe it is not so different than VA BEFORE taking possession of their new homes. Certainly, I didn't think it was that different here. But now I've learned there are a lot less ways to hold builders/developers accountable for their non-disclosure, unilateral rights to change the covenants, and even force them to properly address their issues. Of course there is the better busine

[DvlsAdvc8]

Originally Posted by dramamama

Virginia had these problems once in a blue moon, but AL tends to have them several dozen times. I think it's easy to believe it is not so different than VA BEFORE taking possession of their new homes. Certainly, I didn't think it was that different here. But now I've learned there are a lot less ways to hold builders/developers accountable for their non-disclosure, unilateral rights to change the covenants, and even force them to properly address their issues. Of course there is the better busine

I don't know about that. The popping of the housing bubble is why all of this stuff is occuring more often - in VA and AL. I don't think its fair to say that it widespread in AL, nor even disproportially more common.

Honestly, I feel like you're reaching or exaggerating. As we already agreed, (or so I thought) additional disclosure is useless - people still have to actually READ the docs... and even those who do will probably sign on anyway. If the developer fails to provide you the C&Rs, you should never sign the contract. The right to change C&Rs exists in every VA C&R I've ever read - *maybe* the transfer to HOA is a little sooner, but the same things you're complaining about in AL do occur in VA. Without having any data, I'd guess there are more developer bankruptcies in AL (adjusting for size) because it appears there are a lot more small time developers.

As for difficulty forcing developers to address issues, without knowing the issues, I can say that this too exists everywhere else and the same legal channels are available. Its a risk of buying in a new development. Perhaps its just not for you. Perhaps you (or whoever) didn't realize that sometimes risk becomes reality. Perhaps you'd be happier buying some land outside of a development and having your house built and not having any C&R at all. Of course, there's risks involved in doing that too.

What sub in VA where you in that didn't have a C&R that granted the developer control of the C&Rs for the majority of the build?

People should be aware of the potential for problems in new developments - but one shouldn't exaggerate the scale. There are plenty of good, responsible developers out there. Its unfair to throw out blanket statements like "avoid new developments", and equally unfair to imply that this is an issue peculiar to Alabama. It's one's own frustration vented at instilling fear in a whole lot of newcomers - the vast majority of whom will have positive experiences.

[autobahn]

Subdivision problems stir call for new consumer protections - al.com

[autobahn]

Good info:
Community Associations Network - Alabama (http://www.communityassociations.net/alabama_main.html - broken link)

[autobahn]

Upcoming town hall:

The Alabama Concerned Homeowners Alliance
cordially invites you to
participate in a roundtable discussion of problems facing Homeowners Associations and explore possible solutions.

Participants will include municipal, county and state officials and Alliance Directors.

Please join us in

The Madison City Council Chambers
100 Hughes Road, Madison, AL 35758
Wed, Sept23,2009 at 6:30 PM

This meeting will be open to the public with a question and answer session at the conclusion of discussions.

[Threestep2]

Dramamama you want stories.
Pergola approved by ARC verbally, nothing else required. Unfortunately the gentleman passed away. Husband asked pointed questions at annual meeting amongst others why 20k unbudgeted expense to remove rip-rap from lake in community and replace it with sod. Grandson of resident fell and scraped a knee! Promptly first letter "it is not approved and has to come down". Site visit by ARC chair plus cohort (neighbor). Result - ok, repair, paint it in spring, nothing else needed. Shortly thereafter - 2nd letter. We respond that it is neither a temporary structure nor new and has been approved. Go to board meeting with pictures of numerous similar structures. ARC chair admitts he gave verbal approval and votes against us. Management company refuses to give us copies of board minutes; board never responds. Letter three followed by response. Neighbor tells me - there was a meeting of board members, management company and their attorney infront of the house. Off to an attorney successfully specializing in HOA issuses. His advise - be calm, send one more letter; they are bluffing. From Mai to last Friday everything was peaceful. Now we got a 90 day past due notice for levied fines which will go to collections unless paid in full by Thursday. The only lead I found was a note in the May board meeting memo but with no name and a different house number. I can imagine not receiving or misplacing one letter - but four in a row! First management company offered to mail copies, then they refused and stated I will have to go through the board. No response at all. FYI - the structure goes four feet past the house, is behind a 6-foot fence and completely overgrown. It cannot be seen from the street.

My husband built an identical pergola for a neighbor, actually a bit larger and not obstructed by fence/bushes/trees. They got a letter, asked for permission after the fact and now everything is fine.

Are we talking about selective enforcement here? As far as we can tell the board is not legally elected, as elected members were replaced after resigning or being removed (for questioning stewartship in financial matters). I asked about the follow up of almost 100% of funds set aside to repave the streets for a 600 house community in cds of a bank under FDIC scrutiny. Dramamama - do you want more? We put about 50% of the original purchase price in improvements into the house and thus outpriced us. It will be a bargain on the market next week:>(

[Elizabeth_G]

Originally Posted by autobahn

Upcoming town hall:

The Alabama Concerned Homeowners Alliance
cordially invites you to
participate in a roundtable discussion of problems facing Homeowners Associations and explore possible solutions.

Participants will include municipal, county and state officials and Alliance Directors.

Please join us in

The Madison City Council Chambers
100 Hughes Road, Madison, AL 35758
Wed, Sept23,2009 at 6:30 PM

This meeting will be open to the public with a question and answer session at the conclusion of discussions.

FYI: The Huntsville Times has printed the incorrect date in todays paper...It IS the 23rd, NOT the 29th.

[MHA]

We live in the Clear Springs Subdivision in the city of Madison. Before taking over the subdivision from the developer, we (the homeowners) rewrote the Covenants & Restrictions and Bylaws to make them more friendly including full disclosure. Homeowners have a right to do this and should do this before taking over their community from the developer. Our community is fully developed and controlled by the homeowners. We all have 1 acre properties in a quiet cul-de-sac community of 28 homes. It is a great family friendly neighborhood. We have 2 neighborhood get togethers a year. One in the spring and one on Labor Day. The ladies also do special events throughout the year like coffee socials and cookie exchanges. We love this neighborhood because we don't have a club house or swimming pool, which means our annual dues are only $245 a year and we don't have to worry about maintenance or insurance for theses items which can often increase dues for the neighborhoods that have them. Currently we have several homes on the market in our beautiful neighborhood priced between $435,000- $675,000. Check them out on ValleyMLS.com

[autobahn]

FYI:
www.alabamahoa.org