HOA shuts down a preschool (Tempe: daycare, attorney, homes)

[blisterpeanuts]

Originally Posted by lchoro

HOAs will generally require a unlicensed day care facility provide its own fenced yard for a play area, provide proof of insurance, and restrict the number of kids under supervision before giving approval. It's obvious this homeowner was using common grounds and was taking on too many kids for supervision by 1/2 adults. The other issue is whether the day care provider is also taking in retarded kids. Our HOA was sued many years ago when one of these kids took a tumble on the slide and had to go to the hospital.

Interesting points, but sort of sounds like those postings about the gay piano bangers. Let someone teach little children out of their home and the next thing you know, you have dens of iniquity springing up all over!

The fact is, this is a well behaved group of kids with well educated parents (mostly professors who came here after ASU West unwisely closed its excellent preschool). They use no public/common areas; they are either in the designated room or the back yard. There are usually 3 adults--the owner plus two student-teachers from ASU-West. Insurance, licenses, inspections, sanitary practices, careful monitoring of the children are all in order. A more harmless, benevolent activity in one's home can hardly be imagined.

The issue is simply that a neighbor uses the HOA to torpedo this person's livelihood and does not have the courage and decency to simply walk over and tell her their objections, so that they can be remedied on a private basis. And the HOA simply rolls over and orders her to obey, with no recourse.

This is, to me, an abuse of power; the HOA should not get involved in every possible complaint between neighbors. If someone is doing something egregious such as keeping people awake after midnight, overhauling an engine in the front yard, dumping trash in the street, letting their house turn into an eyesore that scares away respectable people--yes, these seem like good reasons to have an HOA with teeth. But this teacher does none of those things. Currently she's looking for another house in a more accommodating neighborhood--after all, it's a good time to buy--it's not worth it to her to stay and fight. I would, but that's me.

Hence... I hope she rents her house out to a large family with 3 SUVs and 5 obnoxious teenagers who really make this neighbor's life miserable. Preferably illegals. Preferably with guns and some drug dealing going on, and this neighbor will be too terrified to confront them even from behind the HOA. He's too cowardly to go talk to a 5'2" 100 lb school teacher, after all.

[observer53]

If the CC&R's (which she agreed to be bound by when she moved in) don't allow her to run a preschool in her home, then badmouthing the HOA for enforcing them is out of line. Like it or not, it's their job.

[BillyBaroo]

Originally Posted by Captain Bill

Is it possible that they used post emergent, which takes a little time, instead of pulling the weeds?

This was a bad season for weed control. We had some problems in our common areas and it took a little longer to get rid of them.

No, I think it's just a case of them not getting around to maintaining the homes that haven't sold. I don't have a problem with HOA's, I just think rules should be enforced fairly.

[61scout80]

One thing that is laking in this love hate thread with HOA's is what that acronym stands for. Home Owners Association. now, any home owner in the community can attend meetings, request amendments to the CCR's, or even run for office in the community. Each home is considered one vote in all new business with the HOA.

In reading this thread and many others like it i see a lot of "they" used to describe the person's HOA. That is incorrect, it should be "WE". in a completed community the home owners are in control, and how many people do you know that actually give a crap about going to a meeting to see what rules are changing?

In my opinion HOA's suffer from the old adage "the squeeky wheel gets the oil". If every month 30 people show up at the meeting, and 16 of them band up to change the rules then they have the board's ear way more then all the people that can't be bothered with it. so, who do you think the board is going to cater to? that really annoying whiny guy that that is at the meeting every month with the same gripe, or all the people that sit home watching TV with no interest in how the community is run?

Originally Posted by blisterpeanuts

Can't everyone on the block just get together and secede from the HOA? Is there a state law that prevents this kind of thing? At a certain point, if an HOA is preventing an individual from fair and reasonable use of his property, it is in violation of some law I would think.

my development is not complete yet, so each lot still owned by the developer has more voted then the 1 vote per house. I read my ccr's cover to cover twice before i signed any agreement on this house, but that was over a year ago so details are foggy. I believe my ccr's claim that each and every voting property served by the HOA would need to agree to abolish the HOA. Here in Maricopa we have a massive influx of seasonal residents, plus with houses so cheap many investors are jumping back in the pool. Could you imagine trying to get all them, plus those that enjoy HOA living banded together to kick out the HOA?

I believe it also says that all common grounds would then be turned back over to the developer to be used at their discretion. That nice 9 acre park that will someday be part of my community would be leveled and developed. The best case scenario would be a few more houses, but really anything that zoning can get approved for would be able to be put there. so, gas station, check cashing place, pawn shop, strip club or any other establishment that so many would be upset with may be opened right on the other side of your property.

I have been to many maricopa city council meetings. The population estimate for this city is 30,000 people. there are rarely more then 30 people in that room. Our HOA only meets annually since there are so few houses in this development, and there are no changes to the CCR's. At last years meeting there were about 100 houses occupied, and us concerned homeowners all sat at one table. I'm livid that i missed this years meeting already, but i had misplaced the notification letter.

I plan to attend as much as i can, and if i'm still here when it is turned over to the homeowners i would like to serve on the board. With how restrictive some HOA's try to get it sounds like mine could use at least ONE libertarian on the board! Although right now there are less then 200 houses here, and build out i believe is at 2,200. we have a long way to go.

[RicT]

Originally Posted by blisterpeanuts

Why does anyone want HOA's.

To supposedly keep one's property values up.

So how's that working out for everyone?

[Bummer]

Originally Posted by RicT

To supposedly keep one's property values up.

So how's that working out for everyone?

Good question, RicT.

We'll never know how much worse it would be without an HOA, would we?

! ! ! ! ! !

[Houston3]

Originally Posted by blisterpeanuts

We've been sending our child to a small preschool in the burbs run out of the teacher's house. Originally, she called it "baby sitting" but the HOA is now demanding it be closed, because she's operating a business with a license. There seems to be one angry neighbor who has instigated the whole thing.

So, sure, she may be breaking a rule in the HOA, but come on. A preschool? 6 4-year-olds playing in her back yard? Apparently the neighbor was pissed about the cars parking out front twice a day, and sometimes they even slightly jutted into neighbor's driveway. Actually I can understand--I hate people blocking my driveway. But still. A preschool? It's not like it's a crack house or running a meth lab or some such.

So she's planning to move to some other neighborhood, preferably one without HOA. I'm going to suggest she rent the original house out to a Section 8 family.

Man am I glad we have no HOA around here. We're a little slow about yard upkeep so we'd probably have constant battles. Who needs the stress?

If I lived in a HOA neighborhood I'd go and rent me a house somewhere else and let wine-o's live in mine for free...

[RicT]

Originally Posted by Bummer

Good question, RicT.

We'll never know how much worse it would be without an HOA, would we?

True dat!

But I resent all authority in general - especially the kind I have to pay for.

[J double R]

Originally Posted by roosevelt

Without homeowner's associations homes would have weeds, peeling paint, solar panels all over the roofs, garages converted to another room with cars all over the place including the area that is supposed to be the front yard.

you make it sound much worse than it really is.

and for what it's worth, if i wanted to do that to my yard, it's MY yard. if you want me to make my yard aesthetically pleasing to YOUR eye, you are more than welcome to pay my mortgage. Otherwise, mind your own business, or move out of my neighborhood.

[arctichomesteader]

Well perhaps they'd prefer the person going under financially and the house sitting empty, dropping property values.