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We are in the process of trying to buy some rural land west of Austin. We would like to buy up to 30 acres, but getting up into that property size will chew up much of our building budget.
So we have found some nice 10-15 acre parcels, but all of them require you to be part of HOA. I'm very cautious about building our dream home on a piece of property where the HOA can dictate what we do.
I'd like the freedom of ATV's, farm animals and firearms. I may or may not choose to do any of these activities on our property, but I like having the option. Don't we have enough regulations from the state and local government, I don't need an HOA playing big brother as well. HOA's seem like a good idea gone bad in many cases.
Am I missing something here or should I be looking at these with caution???
I would look at them with some caution and do your due diligence any time you're getting into an HOA scenario. That said, for a property of that type, do you want the guy who buys the tract "next door" to pull in a couple mobile homes and rent them out? Or run a salvage business off his land?
Not all HOA's are bad - I'd strongly recommend getting very involved with the HOA if you end up purchasing in one.
We are in the process of trying to buy some rural land west of Austin. We would like to buy up to 30 acres, but getting up into that property size will chew up much of our building budget.
So we have found some nice 10-15 acre parcels, but all of them require you to be part of HOA. I'm very cautious about building our dream home on a piece of property where the HOA can dictate what we do.
I'd like the freedom of ATV's, farm animals and firearms. I may or may not choose to do any of these activities on our property, but I like having the option. Don't we have enough regulations from the state and local government, I don't need an HOA playing big brother as well. HOA's seem like a good idea gone bad in many cases.
Am I missing something here or should I be looking at these with caution???
You are looking at little ranchettes in semi-rural (but very popular) area that is "west of Austin". The folks who are developing there & the ranchette buyers there....probably care more about their property value than your ability to raise goats or shoot squirrels.
Can't have it both ways. If you want more freedom, don't buy a little ranchette with an HOA in greater Dripping. You'll have to head further out, buy a larger parcel, or look in a less "popular" area.
Me....I like HOAs. I like the neighbors to cut the yard & I don't like cars on a rack (or doublewides) in the front yard. Personally, I wouldn't have a problem if a neighbor had goats (i think goats are cool), but the HOA won't allow it & I knew that going in. I had the freedom to choose my definition of paradise. I pay monthly to have "big brother" keep my neighbors in line so i don't have to.
We are in the process of trying to buy some rural land west of Austin. We would like to buy up to 30 acres, but getting up into that property size will chew up much of our building budget.
So we have found some nice 10-15 acre parcels, but all of them require you to be part of HOA. I'm very cautious about building our dream home on a piece of property where the HOA can dictate what we do.
I'd like the freedom of ATV's, farm animals and firearms. I may or may not choose to do any of these activities on our property, but I like having the option. Don't we have enough regulations from the state and local government, I don't need an HOA playing big brother as well. HOA's seem like a good idea gone bad in many cases.
Am I missing something here or should I be looking at these with caution???
No one is forces you or anyone else into an HOA. They can't hide rules from you - read them. Understand them going in. If you don't like it, don't buy. If the rules make sense and its something you can live with then maybe it's not so bad.
But don't buy into a place that has rules you disagree with and hope to change or hope they won't be enforced - that is recipe for unhappiness.
IF you buy in an HOA, make sure you read the CCRs FIRST (preferably before making an offer - some of them have the CCR's online these days), and remember that those CAN change - with some HOA's it is easier for them to be changed than others, so look into that part especially carefully - and be prepared to stay active and informed on what the Board is doing, even join the Board if you can. This is so that you make sure that you know what you're agreeing to, and that the agreement doesn't change out from under you if the Board changes. Some HOA's are pretty hands off, others are not, but the thing is, things can change so if you find one that is hands off, you have to stay involved to keep it that way.
If you're looking for land to build on west of Austin, how far out, and what kind of "west" - north or south, what general area? What exactly are you looking to do with the land - strictly residential, do you want to have animals on it (horses, cows, etc.), are you thinking of gardening? Why west of Austin in particular as opposed to another direction? Is there a commute that makes that direction more desirable?
You do sound like someone who would not be happy with an HOA (and, really, contrary to what some think, it is entirely possible, even in the country, to live not in an HOA but without horrible things next door, just like it is possible in the city to do so). Kudoes to you for doing your homework ahead of time!
You can often find the cc&r's (covenants) and the Bylaws online on the website for the specific community you're interested in. Sometimes, you need to sign in for this and can ask the mgr/hoa board president or whoever is in charge to let you have a few days permission to access the website which may have these documents plus pictures plus minutes from the last year of meetings, plus newsletter, amenities and info on them.
You should try for some sort of a disclosure packet before signing anything. Don't know your laws but hopefully you can get solid financial info, upcoming special assessments, info on how old things are now (reserve studies) and what will be needed for anything in common, any pending lawsuits.
One thing...tell them exactly what you said here and you may knock them out one after another. Guns, horse trailers, goats, whatever.
We are in the process of trying to buy some rural land west of Austin. We would like to buy up to 30 acres, but getting up into that property size will chew up much of our building budget.
So we have found some nice 10-15 acre parcels, but all of them require you to be part of HOA. I'm very cautious about building our dream home on a piece of property where the HOA can dictate what we do.
I'd like the freedom of ATV's, farm animals and firearms. I may or may not choose to do any of these activities on our property, but I like having the option. Don't we have enough regulations from the state and local government, I don't need an HOA playing big brother as well. HOA's seem like a good idea gone bad in many cases.
Am I missing something here or should I be looking at these with caution???
One can have deed restrictions that do not impose involuntary membership HOAs or perpetual liens that can never be paid off. Moreover, deed restrictions can be enforced without an HOA. Don't let the FUD approach of "what other people might do" serve as justification for settling for HOA-burdened property.
One reality is that an HOA has no obligation to enforce deed restrictions. The suggestion that you should trade freedom for: involuntary membership with sociopathic board members, unscrupulous vendors, and perpetual liens that can never be paid off in return for....nothing kinda exposes the "need" argument as bogus.
The involuntary membership will be coupled with "assessments" and perpetual liens that can never be paid off. Worse, the HOA corporation board can borrow money that YOU will never see the benefit of and for which YOUR house serves as security due to the involuntary membership and lien aspect. Boards will increase regular assessments and can impose special assessments. The management companies that you never contracted with will also try to gouge you with various junk fees and charges.
Inevitably, boards deteriorate into petty busybodies desperate to hang onto positions of power and knowledge over and to the exclusion of other homeowners. Your familial relationships, job, health, and use and enjoyment of your property will suffer. The "professional" management companies and HOA attorneys try to accelerate the process for profit. You will also find such boards and vendors trying to adopt resolutions that purport to allow them to "re-define" restrictive covenants and to engage in private "fining". These are private corporations, not governments. Constitutional restraints on government do not apply. They want governmental powers without any restraints.
A recurring theme is that the board members and vendors will seek "new interpretations" of deed restrictions. They will also attempt to adopt "resolutions" that purport to further restrict your use of your property. If you are looking a property that is still under declarant control, keep in mind that the declarant can impose more restrictions an obligations on you after you purchase and without your consent or vote. For that matter, even outside the period of declarant control other homeowners can take away uses you enjoy without any compensation. You can also rest assured that board members won't be subjected to the threats directed at other members.
Along those lines the documents referred to by others are somewhat useless considering that you can't keep what uses you were assured of with any particular version. Also note that the Texas Property Code 5.012 mandatory "notice" regarding involuntary membership POAs provides in relevant part:
"Restrictive covenants governing the use and occupancy of the property and all dedicatory instruments governing the establishment, maintenance, or operation of this residential community have been or will be recorded in the Real Property Records of the county in which the property is located."
Do you think that statement provides actual or constructive notice of the restrictions or obligations that would be recorded against your property at any point in the future? You can't even get copies of such restrictions but you will likely be bound by them once they are recorded regardless of the imposition.
As inviting as the property may physically appear right now, you are wise to question the legal entanglement and effect which really cannot be seen by looking at the property. We all know that property that is not burdened by an HOA is difficult to find especially if you are looking for anything built in the last 20 years. If there are legitimate deed restrictions on property any owner can enforce them. You don't need a worthless HOA - it represents a liability that threatens you, your family, your use and enjoyment of the property, your health, your continued ownership of the property, and your bank account (that's the short list).
Avoid HOA-burdened housing like the plague. Unrestricted would be even better, however, it is even harder to find unrestricted property. You will likely be limited to looking for property that has deed restrictions that do not impose i) involuntary membership in an HOA corporation or ii) perpetual assessments and liens that can never be paid off.
Some of the HOAs allow animals. I was looking at whitewater springs. The original developer went bankrupt so there are very inexpensive lots. You can assemble about 10 acres for 150k or so. They allow animals.
You can often find the cc&r's (covenants) and the Bylaws online on the website for the specific community you're interested in. Sometimes, you need to sign in for this and can ask the mgr/hoa board president or whoever is in charge to let you have a few days permission to access the website which may have these documents plus pictures plus minutes from the last year of meetings, plus newsletter, amenities and info on them.
You should try for some sort of a disclosure packet before signing anything. Don't know your laws but hopefully you can get solid financial info, upcoming special assessments, info on how old things are now (reserve studies) and what will be needed for anything in common, any pending lawsuits.
One thing...tell them exactly what you said here and you may knock them out one after another. Guns, horse trailers, goats, whatever.
There is an addendum that can be used (SHOULD be used) by anyone purchasing in an HOA in Texas that requires that HOA information be provided, and a certain number of days after receipt to back out of the contract if they are unacceptable. Much better, though, if you can read them before even making an offer - hard to get your heart set on a piece of property and then find out that the conditions are unacceptable to you.
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