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I can understand the stuff like you're mentioning regarding the grass, painting, etc. I guess that even though I've been in the Asheville area for 8 years now, I grew up in a neighborhood where those kind of things were kept up without need for an HOA. It wasn't anything fancy but people worked hard for their homes and took pride in keeping them up without anyone telling them they had to. It's just something you did.
Everything has changed and I feel for the worse getting off topic but case in point .my middle grandson in middle school didn't like his lunch hour because his friends the jocks were not there. My daughter told him to eat alone act sad and she would have it changed. It worked and they rearranged his classes.What does that teach him when he grows up? Oh well glad I am not a parent of young ones anymore they would have charged me with abuse for giving my daughter a smack on the bottom.
Everything has changed and I feel for the worse getting off topic but case in point .my middle grandson in middle school didn't like his lunch hour because his friends the jocks were not there. My daughter told him to eat alone act sad and she would have it changed. It worked and they rearranged his classes.What does that teach him when he grows up? Oh well glad I am not a parent of young ones anymore they would have charged me with abuse for giving my daughter a smack on the bottom.
maybe here it has.....i'm still fairly young (29) but in the neighborhood i grew up in it's basically the same for the most part, but that's another city another state.
maybe here it has.....i'm still fairly young (29) but in the neighborhood i grew up in it's basically the same for the most part, but that's another city another state.
They live in Ca so I quess that says it all though we lived in CA for 25 years and in the first 10 years it was the same as when I grew up.The last 15 it all started with gated communitys and everyone had to be pc. Fl is almost as bad. We lived in one gated and two deed restricted communitys and the gated was the worst. You couldn't even keep your garage door open.There are good rules and bad rules if you want to live in a restricted community which I do you have to live with the bad rules because the good rules outway the bad just read all the restrictions and decide if you can't. We did and couldn't live in one community in NC because of the only two dog policy but we found and just bought in one that allow three.
I bought a new townhome in Hickory from the builder (who is also the HOA acting manager) , no buyer's agent, no walk-thru (I know, I know). The builder is now exerting his powers as manager (I pissed him off) to ignore the construction issues and has informed me that I have to get rid of 2 of my 4 cats or risk fines. He knew how many cats I had before I moved in and I never would have had I known there were restrictions of this nature. I've only been here 6 months and already have another home on the market elsewhere which is part of my divorce settlement. Do I give up and move or stay and fight? Is is even legal to try to enforce HOA covenants when said covenants were never even presented to the buyer until months later after repeated requests? HELP!!!! (Tried to post this as new topic but I think if came through as a reply...sorry, not much experience with this). If anyone can offer advice, please reply, thanks!
I bought a new townhome in Hickory from the builder (who is also the HOA acting manager) , no buyer's agent, no walk-thru (I know, I know). The builder is now exerting his powers as manager (I pissed him off) to ignore the construction issues and has informed me that I have to get rid of 2 of my 4 cats or risk fines. He knew how many cats I had before I moved in and I never would have had I known there were restrictions of this nature. I've only been here 6 months and already have another home on the market elsewhere which is part of my divorce settlement. Do I give up and move or stay and fight? Is is even legal to try to enforce HOA covenants when said covenants were never even presented to the buyer until months later after repeated requests? HELP!!!! (Tried to post this as new topic but I think if came through as a reply...sorry, not much experience with this). If anyone can offer advice, please reply, thanks!
I know whenever we get a mortgage our loan co always and I mean always asks for the CC&R's.That is why we didn't buy another home that we liked the restrictions said only two dogs allowed and we have three.I would not know what to do to fight this it is his word against yours. Has any one of your neighbors had the samething happen to them?
If during the purchase/closing process you signed anything that stated you received a copy of the HOA covenants or that clearly stated that the property was subject to HOA covenants/restrictions, then you are not likely to be able to successfully fight enforcement of the stated covenants.....even if you never recall seeing them. The fact that you signed something stating you received them or were informed of them will almost certainly be held as a binding document.
However, if the developer cannot produce evidence (signed documentation) that you received/were informed of all the HOA covenants then you will likely win without much of a fight. They are legally required to ensure you are aware of all covenants associated with the property as part of the purchase process. I'm sure a court would expect any developer/builder to have signed documentation from the purchaser regarding HOA covenants. They would expect them to know the law and to protect themselves by having this type of documentation. I can't imagine them siding with someone in the real estate development/sales business based on them just "claiming" that they told you -- they would be held to a higher standard than that.
Unfortunately, even if you "win" regarding the covenants, this sounds like the beginning of an ugly situation. Good luck.
If you lie to an HOA and they catch that lie later, it is going to be a real headache and the purchase can be killed on the day before closing. This happened to a property we had in Florida (my parents condo) and the buyers lied about the dogs weight. The HOA called the vet listed in case of emergency and asked the dogs weight. They cancelled our sale.
One reason we left Florida was to get away from HOA's and have a home again. Our maintenance in Fl had reached almost $400 a month because of the hurricanes and insurance and we still got hit with a $3000 assessment for a new roof. A little bit too much, too many rules and when you want to SELL your place...get ready for their other rules....10% CASH down required, investigations and on top of that, proof of their income at a certain percentage to show they can pay their maintenance bills.
READ the paperwork given to you when you want to buy a place with an HOA...it's called the Condo and HOA docs and it's a huge document...give it to a lawyer to read to give you the rules highlights before making a final offer.
Just be careful.
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HOA Organization or Nazi Superpower???
