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Old 03-06-2016, 09:32 AM
 
Location: Sarasota, Fl
809 posts, read 528,574 times
Reputation: 642

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Quote:
Originally Posted by EngGirl View Post
Don't take me wrong, I am aware of HOA and their power, but I just don't see anything happening to people, who let's say have 2 car garage and 3 cars and park one car on their driveway even if HOA rules don't want to see cars parked in front of houses.


I understand when people don't follow rules when they have a choice, but with the cars - any family with child who is at driving age will have 3 cars (most likely), so they have no other option other than parking third car on the driveway and I truly don't see anyone from HOA going after these people.


It's a different story if people use their garage for something else and park their cars on driveway against HOA rules. I can see HOA enforcing rules
Hey, I don't mean to be contentious, but there are law firms that make their money on rule and deed infractions. Here's a wmv (video) from an Inside Edition expose on how bad things can get in an association:

http://www.ccfj.net/foreclMezer.wmv

If I thought I might need to park a 3rd car in the driveway against association rules, I'd get that waiver written into my purchase documents. As I'm looking to "upgrade" I've reviewed documents that have waivers written in (but not for driveway/garage infractions).

P.S. although I think ccfj is a great resource, I have no affiliation with them.

Last edited by upgrader; 03-06-2016 at 10:59 AM..
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Old 03-06-2016, 12:21 PM
 
25,787 posts, read 39,007,818 times
Reputation: 13787
Most HOA's will allow 3 cars on 2 car driveway even if it has to be parked parallel to the street for the 3rd car. Of course if they are all oversized trucks you will not able to park 3 of these cars.

I never saw anything written on a purchase agreement other than disclosure to be provided and in the end the purchase agreement is not between the HOA and the buyer but between seller and buyer so not enforceable at all if a buyer adds it to the purchase agreement.
Due diligence is the key word before buying.
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Old 03-06-2016, 12:36 PM
 
Location: Sarasota, Fl
809 posts, read 528,574 times
Reputation: 642
Quote:
Originally Posted by bentlebee View Post
and in the end the purchase agreement is not between the HOA and the buyer but between seller and buyer so not enforceable at all if a buyer adds it to the purchase agreement.
Due diligence is the key word before buying.
I'm not familiar with buying into an HOA, but when you buy a condo, that contract is between you, the seller, and the condo association.

What exactly are you saying? An HOA doesn't participate in the sale of a home? HOA documents aren't shared? If a buyer wants to confirm something with the HOA that can't be part of the sale?
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Old 03-06-2016, 08:04 PM
 
25,787 posts, read 39,007,818 times
Reputation: 13787
Quote:
Originally Posted by upgrader View Post
I'm not familiar with buying into an HOA, but when you buy a condo, that contract is between you, the seller, and the condo association.

What exactly are you saying? An HOA doesn't participate in the sale of a home? HOA documents aren't shared? If a buyer wants to confirm something with the HOA that can't be part of the sale?
A buyer can demand the HOA docs but it is not mandatory in a residential sale as it is different than a Condo sale.

But it is basically just getting the docs and at closing signing to acknowledge that you are aware there is a HOA and many buyers never even look into the docs.

We always tell buyers to check the docs for what is important to them. If you may believe the property will become a rental than be sure there is not a waiting period of 1 or 2 years or a limited amount of rentals permitted. Or no rentals at all or buyer has business car that doesn't fit inside a garage as most HOA's don't allow business cars. Many buyers have no clue as they never lived in a HOA community.
The most common issues are not be familiar with rules and regulations and discovering after closing and than buyers not liking these rules and regulations.
The other thing is buyers who claim not to be aware to whom to pay the HOA dues and right away getting late charges and worse. Many HOA'S have improved their systems for new buyers accounts but some seem to be in the market to collect late fees.
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Old 03-07-2016, 07:27 AM
 
3,313 posts, read 4,291,201 times
Reputation: 1835
I agree with bentlebee, I never saw anything about HOA waiver be a part of the sale for single family homes as well as townhomes.
HOA is not negotiating rules, it's more like take it or leave it. The way I see it - HOA are recorded rules and the whole idea of HOA is under question if certain rules for certain people could be waived. How would you record any waiver? HOA rules are a part of public records. I am pretty sure you cannot add HOA waiver to the contract of sale.
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