Renewed effort in Texas legislature to limit HOA powers (Bowie: appointed, insurance)

[TexasHorseLady]

Originally Posted by tongpa-nyi

Another point, in case nobody has mentioned it yet, is that HOA's are legal and should exist, in spite of those of us who hate them, because many people prefer them. They are privately controlled developments where the original deed-holder creates an HOA for the purpose of attracting people who want to live there. It exists in perpetuity because of the deed.

What some of us dislike is the increasing enforcement of long-neglected neighborhood zoning laws, which may even end up with some of the yard art having to be removed in places like Bouldin, a historic neighborhood well worth preserving.

Links, please, if possible? This could be a serious issue.

[eileenkeeney]

Originally Posted by txtoal

My spouse and I are looking at houses and we don't know if we want to live in an HOA ran property. Frankly, I don't want to live next to a purple house with turquoise trim with crap all over the yard. It is a shame because the house that we looked at next door was beautiful but no thanks.

Would you be ok with the purple house and turquoise trim, if the yard was cleaned up, and the place was well maintained?

Suppose it was a lighter shade of purple? (I don't know what shade it is)

While I am against the idea of a small architectural committee (especially one that puts uniform looks above durability and environmental responsibility) I am in favor of compromising with neighbors.

While the look I really have in mind for the house (The one I might buy, but probably won't because I was told I was not likely to get the roof I wanted approved) is metallic silver with metallic pink trim; I would be completely willing to instead do light grey and light pink. But I really want the advantages of a high quality metal roof.

[oldtoiletsmkgdflrpots]

If you want more information about HOA's please do a search on the forum for IC-deLight.

They are a wealth of information and I thank them for sharing knowledge BEFORE we bought.

[IC_deLight]

Originally Posted by tongpa-nyi

Another point, in case nobody has mentioned it yet, is that HOA's are legal and should exist, in spite of those of us who hate them, because many people prefer them. They are privately controlled developments where the original deed-holder creates an HOA for the purpose of attracting people who want to live there. It exists in perpetuity because of the deed.

What some of us dislike is the increasing enforcement of long-neglected neighborhood zoning laws, which may even end up with some of the yard art having to be removed in places like Bouldin, a historic neighborhood well worth preserving.

The developer creates the HOA corp not to "attract" people but rather to have control over them. The HOA corp does not necessarily exist or burden the property in perpetuity for several reasons. One is that the HOA corp can lose its charter. Another is that the deed restrictions can expire.

An involuntary membership organization isn't exactly "choice", is it? Membership is made involuntary to ensure "no choice". Many deed restrictions have "auto renewing" clauses in an effort to avoid the rule against perpetuities but to ensure that the HOA corp will continue to have control.

Regardless of what people "want", such desires do not justify giving an HOA corp unlimited authority over property that does not belong to the HOA corp.

[eileenkeeney]

The deed restrictions, in the area I am looking, do not expire UNLESS some percent of the owners agree to have them expire (the % differs from subsection to subsection).
The automatic 10 year extension is written into the restrictions.

The one thing I am not certain of is IF the residents can vote to remove (or change) the restrictions at other points besides the points at which the restrictions are up for renewal.

SOME level of restrictions do actually add value, but MANY do not.

What I found interesting, was that instead of the ability for residents to enjoy their property, the rules for being able to enforce restrictions were more concerned with taxable value.
Note the use of the word taxable as opposed to sales value.
This is a clue of the real motive, of the Texas law which gives MUDs the authority to enforce restrictions.

I believe if it were really about being a good neighbor and respecting neighbors, that the ability of neighbors to enjoy their property would be more important that taxable value.

[getmeoutofhere]

I live in an HOA-run area. I don't mind it. It keeps things looking nice.

However, I would firmly support any effort to curtail HOA powers.

[BJB817]

How about you folks that absolutely disdain HOA's live in non-HOA neighborhoods? We did buy due to our neighborhood having an HOA and am glad of it. I'd actually like to see them be more strict.

I think alot of these problems could be avoided if people actually took the time to read their covenants BEFORE buying. If you can't live with the restrictions in that neighborhood, DON'T BUY THERE!

Ok, feel free to continue your anti HOA rants.

[Bo]

Originally Posted by getmeoutofhere

I live in an HOA-run area. I don't mind it. It keeps things looking nice.

However, I would firmly support any effort to curtail HOA powers.

If it had no power, how would your HOA continue to keep things looking nice?

[getmeoutofhere]

Originally Posted by Bowie

If it had no power, how would your HOA continue to keep things looking nice?

I said curtail, not remove. They shouldn't have the right to foreclose on your house.

[Bo]

Originally Posted by getmeoutofhere

I said curtail, not remove. They shouldn't have the right to foreclose on your house.

Let's say your next door neighbor does something against the deed restrictions, like parking a camping trailer in their front yard all year long. The HOA fields complaint after complaint from you and your neighbors. They send 6 increasingly nasty letters over the span of a few months reminding the neighbor of the violation and issuing fines that increase with the duration of the violation. But your neighbor never responds, never pays the fines and never removes the eyesore. The fines are now in the thousands of dollars, with no prospect of being paid. It's not against the local laws to park a camping trailer in the front yard, so the local government is no help with this.

What should the HOA do next, if they can't put a lien on the property?