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Old 04-22-2007, 09:00 AM
 
Location: Lakeland, FL
523 posts, read 2,830,522 times
Reputation: 189

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We had a new home on 1 acre in Tampabayarea, All our neighbors within 6mos started junking up their yards,RV, trailers, general junk. It was deed restricted so we complained, and the people just didnt want to do anything about it. We sold and moved within 2 yrs, We drove thru the other day, the yards look awful, weeds taken over all the yards. Glad we moved.
So if rules are not enforces why have deed restrictions.
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Old 04-22-2007, 10:32 AM
 
Location: Jax
8,200 posts, read 35,462,852 times
Reputation: 3443
Quote:
Originally Posted by tallrick View Post
True but I would need wages from the year 2525 to afford it!
Okay you win....I see now where you live. It's definitely different here in Jax - many of the older neighborhoods are still quite affordable. Not for long, I imagine !
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Old 03-01-2008, 05:57 PM
 
670 posts, read 1,743,784 times
Reputation: 270
Default This came up as a question: can an HOA enforce a color selection

When the by-laws do not state explicitly that they can

My experience:

If it's worth it to you, then you will win.
First, you can just ignore them and do as you please with your paint selection.
It is not well understood; however, it is a fact: the first recourse in a homeowner association dispute is mediation, in other words, per statute, both parties must go to mediation in the dispute. The association's lawyer WILL NOT tell you this, they are paid to write nasty letters, and for good reason: most homeowners cave in at this point, taking at face value the association's attorney.
If they say they will take you to court, sue you and .... It's a bluff. Statute 720 is pretty explicit that mediation must take place first.
There you must be prepared. How well do you know your by-laws? Unless these are explicit rules that the association has a color selection mechanism in the form of an ARC committee (architectural review committee) then they do not have a leg to stand on. It must state EXPLICITLY that they control the color selection.
The association must take an attorney with them (for all practical purposes this is true) however, you can go alone and represent yourself.
This is a REAL fight, I'd discuss it with the family before starting on this course.
You'll win, but win what, and at what price?
If you do decide to go this route, e-mail, there's a lot more data.

Good luck.
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Old 03-01-2008, 07:50 PM
 
93 posts, read 386,169 times
Reputation: 31
Hard for me to pay 1/4 to half mil for a house, then have someone not making my payments tell me if I can or cannot paint it a ugly or not ugly color. Or put up a fence for that matter.

I guess they serve some purpose, if your in one that does not dictate freedom of choice like that.

If you need HOA monies for roads, and wells and stuff, I can see it, but just stick to the basics.

Tell your other members, that you do not feel comfortable telling someone else what to paint their house.
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Old 03-01-2008, 07:54 PM
 
93 posts, read 386,169 times
Reputation: 31
Quote:
Originally Posted by Floridasunshine View Post
We had a new home on 1 acre in Tampabayarea, All our neighbors within 6mos started junking up their yards,RV, trailers, general junk. It was deed restricted so we complained, and the people just didnt want to do anything about it. We sold and moved within 2 yrs, We drove thru the other day, the yards look awful, weeds taken over all the yards. Glad we moved.
So if rules are not enforces why have deed restrictions.
I never had to deal with anything this bad, and I do not think I would care much for it, either. But as a rule some of HOA are to heavy handed on the rules for me.
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Old 03-02-2008, 10:41 AM
 
Location: Heartland Florida
9,324 posts, read 26,754,889 times
Reputation: 5038
Quote:
Originally Posted by Floridasunshine View Post
We had a new home on 1 acre in Tampabayarea, All our neighbors within 6mos started junking up their yards,RV, trailers, general junk. It was deed restricted so we complained, and the people just didnt want to do anything about it. We sold and moved within 2 yrs, We drove thru the other day, the yards look awful, weeds taken over all the yards. Glad we moved.
So if rules are not enforces why have deed restrictions.
Honestly I don't see what the big deal is. Unless crime is out of control, or property values are driving up your taxes, why move? A few weeds, "junk" or RV's are no big deal unless they are putting that stuff on your property, or in the right-of-way , right? If you like things a certain way that's what your property is for. Everyone should have the right to PRIVATE property ownership. If my neighbors allowed their places to be run down I would be extremely happy as it would cause values to go down and lower taxes!!
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Old 03-02-2008, 10:48 AM
 
Location: Ohio
1,217 posts, read 2,836,684 times
Reputation: 2253
HOA's are designed to be money machines for law firms and the rules protect the board of directors more than homeowners.

I am never going to live in one again as long as I live. The wrong people always want to be in power and tell other people how to live while spending the quarterly dues talking to attorneys (owners money!)

Live and let live is my motto.
County and city regulations keep people from parking cars in their yards and not cutting their grass. They will enforce these laws if you call them because they don't have time to drive around and look everyhwere.
I don't care what color my neighbors house is. Most people move every 3 years and that color will be gone in a short while when the new owner moves in. But an HOA is forever :-(
The early poster is correct that HOA's are for the snowbirds, someone is watching their condos and homes while they are gone. Naples is pretty much run by the snowbirds. After April 15 things go into suspended animation until the people in charge return from their northern summer homes.

I wish I had known before I bought but it is a learning experience and I won't do it again.
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Old 03-02-2008, 11:05 AM
 
Location: Florida
2,209 posts, read 7,657,411 times
Reputation: 638
Quote:
Originally Posted by Classic1 View Post
I realize I am commenting on a very old thread but my HOA is contemplating restricting paint color choices for our home owners to a handful of colors selected by the board.

I just became a member of the board and I am very much opposed to this but I want to present my agrument in a reasonable and persuasive way. Any suggestions? And anyone who can or wants to play devils' advocate and agrue why we should limit choices go for it- it will only help me better understand the other side.

Thanks!

We lived with a HOA in West Boca Raton and it was great. Kept most of the riff raff out.
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Old 03-02-2008, 11:25 AM
 
670 posts, read 1,743,784 times
Reputation: 270
Quote:
Originally Posted by MrTudo View Post
We lived with a HOA in West Boca Raton and it was great. Kept most of the riff raff out.
I lived in associations in Coral Gables and in Mt. Dora and it was hell.
Kept most of the riff raff in.
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Old 03-02-2008, 03:08 PM
 
16 posts, read 84,112 times
Reputation: 30
If you want a non hoa home then theres plenty to chose from. For me living in a non hoa isnt an option...yes they can be restrictive but id rather have that than live next door to a junk yard. My old next door neighbor let her house turn into a hell hole, same with another neighbor down the street...something out of sanford and son....pissed me off everytime I drove by.... was hell trying to sell because of them...never again!
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