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Old 11-24-2008, 06:52 PM
 
Location: Great State of Texas
86,052 posts, read 84,450,777 times
Reputation: 27720

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If there is apathy in your neighborhood then this new person may very well wrangle their way into a board position and may even become the president. If that happens then watch out below !!!

You should talk to your neighbors and the current board members to see how they feel about that handout. If you like the way your neighborhood is now, then its very important that your neighbors participate in the HOA.

I'm in an acreage subdivision and we have an HOA with very lenient rules. The HOA is there more to protect the neighborhood and prevent any owner from turning their property into a commercial venture. We had some new neighbors move in from the city and boy oh boy did we hear an earful at our yearly meeting about mowing, weeds (no, sorry they are wildflowers !), livestock noises, etc.
It was like they wanted to change the "rural" into "estate" subdivision. Well I got on the board as secretary (2nd term here) and have fielded their complaints with "show me in the restrictions where it says that". One year later they have given up and now keep to themselves.
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Old 11-24-2008, 09:05 PM
 
1,305 posts, read 2,753,615 times
Reputation: 238
With the economy in the dumps and the housing market in the dumps, I think they will have a very hard time getting a more strict HOA in power. Right now I can't think of many people that want to spends bucket loads of money to fix their house up to improve property values - when property values are already in the dumps and the majority of property that is selling is distressed already.

While having a nice neighborhood certainly doesn't hurt property values, the amount it will increase your home's value depends in large part on how the real estate market is. During the boom years, people had lots of money and perceived value in neighborhood look and appearance. Today, I think they are looking much harder at square footage than neighborhood appearance.

So - I don't think this sounds like a great idea today and don't think your neighbors will go for it.
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Old 11-24-2008, 09:32 PM
 
Location: Cary, NC
43,269 posts, read 77,063,738 times
Reputation: 45612
Quote:
Originally Posted by Binky .357 View Post
HOAs have one place, and one place only-townhomes.

Any other time someone tells me what I can or cannot do (excepting my landlord) they can just go ahead and cram it with walnuts.

If I'm paying taxes, morgage payments, etc on my little slice of land in this great country and someone comes onto my land telling me I can fly my flag or have my lights on after dark; if they tell me my firepit is out of compliance or that security camera of mine that looks out onto the street is against their rules, I will advise them to leave my property.

If they don't leave, the police will be called.

If they continue their behavior, they won't like the kind of person I become.

I'm not a member of any HOAs, nor will I ever be coerced into signing up for one.
The OP is in North Carolina. North Carolina pretty much requires an HOA in any subdivision where common area is established.

And condos intrinsicly demand an HOA most anywhere, don't they?

The cops won't be on your side if you decide to become a one-man HOA deterrent after buying in a community with an established HOA. It is not coercion, but just another angle to consider when buying.
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Old 11-24-2008, 09:38 PM
 
1,305 posts, read 2,753,615 times
Reputation: 238
Wrong! Unless your HOA covenants grant HOA officials access to your property (unlikely), they have no right to step one foot on your property. The police should respond appropriately in that case.
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Old 11-24-2008, 09:48 PM
 
2,769 posts, read 7,233,321 times
Reputation: 1487
Quote:
Originally Posted by Binky .357 View Post
HOAs have one place, and one place only-townhomes.

Any other time someone tells me what I can or cannot do (excepting my landlord) they can just go ahead and cram it with walnuts.

If I'm paying taxes, morgage payments, etc on my little slice of land in this great country and someone comes onto my land telling me I can fly my flag or have my lights on after dark; if they tell me my firepit is out of compliance or that security camera of mine that looks out onto the street is against their rules, I will advise them to leave my property.

If they don't leave, the police will be called.

If they continue their behavior, they won't like the kind of person I become.

I'm not a member of any HOAs, nor will I ever be coerced into signing up for one.

Great post, and I agree with you.

HOA's are more trouble than what they are worth in my opinion. I will never buy a home that requires any such thing, the bottom line is to many people in this day and age want to control everything about their neighbors and it's ridiculous. Look, I won't say that I'd be happy if my neighbor let their grass turn brown and park an old beat up car on top of it, but the bottom line is it's their home and they have the right to do as they wish as long as they aren't putting others in danger. If I own a home and I'm paying my mortgage every month then I should have the right to plant a tree anywhere I wish within my property line, or keep any car I want in my driveway, etc.
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Old 11-24-2008, 10:07 PM
 
Location: Nashville, TN
153 posts, read 312,420 times
Reputation: 65
I've seen good HOAs and bad HOAs. They are very common in California. But this is still a neighborhood. Talk to your neighbors. They may feel the same way as you. In this economy, many people, renters and home owners, are concerned about every penny. This new neighbor may be trying to make major changes, but this is still a democracy and they will have to get others to agree with them. If they also are concerned about being overly stringent on the conditions, covenants, and restrictions, then you needn’t worry.
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Old 11-25-2008, 09:19 AM
 
1,151 posts, read 2,993,122 times
Reputation: 252
HOAs are neither intrinsically good nor bad. While they can serve a legitimate purpose, they can easily be abused. Most people living within the boundaries of a city are subject to city ordinances, which are the same as HOA rules from the standpoint that they limit or restrict the uses of property, and you may be subject to them even if you disagree with them. HOAs are somewhat more objectionable IMO because they do not require due process, whereas government action (code enforcement) does.

But complaining that HOAs are somehow unfair in concept ("if I'm paying my taxes, no one can tell me what to do!") is off base. What you don't understand is that someone owned your property before you did. That person had the right to put restrictions on the property, and when you bought the property you bought it subject to those restrictions. The enforcement of contractual obligations, which is what HOA restrictions amount to, is part of the foundation of our legal system.

There can be abuses, and without due process they can become oppressive, but being subject to restrictions established by the community is not, in and of itself, unfair.
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Old 11-25-2008, 10:02 AM
 
1,305 posts, read 2,753,615 times
Reputation: 238
I believe in some parts of our country HOAs have abused their power a great deal. I used to live in Phoenix, and the HOAs were far out of control. A huge complaint was if you refused to pay a $10 fine, they would foreclose your house so they could get their $10 from you. Fortunately, the legislature passed a law preventing that from happening.

I also noticed that HOAs were allowed to pass rules that goverment was not allowed to. For example, a city couldn't dictate which cable company is your sole provider, but the HOAs in Phoenix were permitted to sign agreements with cable and telephone companies, and basically forced you to go to their choice of provider. (The dues paid for cable and telephone service - you could go with another provider but didn't receive a reduction in your dues, so you had to pay the HOAs provider regardless if you wanted it or not.)

Another example of abusive HOAs that I saw in Phoenix is the meetings weren't always open to the public, basically allowing an elite few to govern the many and keep all deliberations secret. Some HOA boards decided not to have meetings and note on everything via e-mail.

There are lots of other horror stories in Phoenix and most of them come down to that a few people are empowered to make the decision for many.
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Old 11-25-2008, 10:49 AM
 
Location: State of Being
35,879 posts, read 77,464,470 times
Reputation: 22752
I am a native NC'er and just gotta ask . . . are the people who are so intent on making sure all you Wilmington residents GET SHAPED UP . . . are they from SOMEWHERE ELSE?? Transplants????
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Old 11-26-2008, 08:30 PM
 
Location: Gilbert, AZ
164 posts, read 838,199 times
Reputation: 215
Quote:
Originally Posted by bigtrees View Post
Wrong! Unless your HOA covenants grant HOA officials access to your property (unlikely), they have no right to step one foot on your property. The police should respond appropriately in that case.
I just withdrew an offer on a property due to exactly that reason (along with a couple others). Not an exact quote but pretty close: "Upon reasonable notice the HOA or its representatives may enter the premises (exterior only) for reasonable inspection. This shall not be considered trespassing". This was not for a condo but a single family home with a 6-foot block fence surrounding the entire back yard.

You think you're gonna enter my back yard for "inspection"? Sorry..... ain't gonna happen..... the property has a pool and suppose I wanna go skinny-dipping?

Here's the portion of the email I sent my realtor to withdraw our offer:

"Section 4.30 Right of Entry - I have a very strong philosophical objection to granting access to my property other than in the instance of an emergency or legitimate recorded easement. Granted, this applies to the exterior of the property only and there would probably never be a time when it would happen, but the fact that it's even there is what I object to."
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