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...and why would the side seen from the street be a problem?
Do you believe that the unit owners should be falling over backwards to meet the aesthetic whims of casual observers?
...and no the 'puke purple drapes' aren't going to harm "your property values". An appraiser certainly isn't going to reduce the value of the unit with the drapes or the units without the drapes based on the drapes.
You don't understand appraisal. The appraiser will use comps to value the property. If the market is saying that buyers prefer the ordered look of white lined curtains facing the public areas then "puke purple" IS going to hurt your property values.
I find it amusing that my CC&R's are a subject of contention to the people here that don't live in my HOA's.
See how they are hurting you even though you think you are living free?
I would if it was a house I really wanted in a location i liked. I would certainly examine the HOA documents thoroughly I also would talk to other property owners.
Not at all. BTW I'm not "making a case". I am correcting incorrect statements (and beliefs held) by another poster, namely you.
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Originally Posted by lvmensch
Yes it is of course true that owners do not "own" the common property. But they do elect the Board which does control it. And well run HOAs do a reasonable job.
Now you see, even the term "common property" is deliberately misleading. There is no "commonly owned property" unless "common" refers to the HOA corporation. People don't go around saying they "commonly own" their own house. The use of "common" in this context is a carry over from condominium regimes where the unit owners actually have an undivided percentage interest in the "common areas". For HOAs such as the one you are talking about, you have ZERO ownership interest individually or collectively in the inappropriately referenced "common property".
Homeowners typically have no vote during the development period, a mathematically irrelevant vote for a while after that. When homeowners may vote there is no "right" to vote because the bylaws or restrictive covenants have given the HOA corporation board the ability to suspend voting "privileges". These are corporations. Voting is not a right. There is no democracy because i) there is no right to vote, and ii) there is no protection of individual rights. Blind obedience to rules written for someone else's benefit will bite you.
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Originally Posted by lvmensch
The HOA also presents a significant risk to the developer. It provides the organization to pursue the developer over construction defects.
Ha ha ha. Who are you kidding? Guess who controls the HOA corporation?
The construction defect litigation is addressed in condominium corporations. You won't find much in HOA-land. Why? Because the developer controls the HOA corporation until such time as the developer wants to exit. The homeowners have NO OWNERSHIP interest in the property and no standing to sue derivatively on behalf of the HOA corporation. They might be able to sue in their own capacities as to some tort the developer committed against the individual owners but usually the restrictive covenants are written (by the developer) to ensure that the HOA corporation has to indemnify the developer/declarant. The same restrictive covenants burden your lot with an involuntary obligation to pay the HOA's financial obligations including the obligation to indemnify the developer.
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Originally Posted by lvmensch
It may well be that a collective of owners actually does the suit but that organization was a direct outcome of the HOA.
No it had absolutely nothing to do with the HOA corporation - that's why it would be a suit by the owners instead of a suit by the HOA corporation.
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Originally Posted by lvmensch
In general the HOA tracts did better than the non-HOAs in the bust.
Do you have any data to go with the bridge you are trying to sell?
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Originally Posted by lvmensch
Particularly the well run HOAs recovered quicker and with less damage. Sometimes it is beyond the control of anyone...ie a home presently degrading after the death of the owner with no known estate.
De Nile ain't just a river in Egypt, huh?
The HOA's property isn't for sale. The HOA corporation has zero ownership interest in the homeowner's property. However, if you want to perpetuate the myth that HOAs "preserve value" then homeowners should be able to sue for and collect damages from HOAs either for failure to fulfill representations of "preserving value" of for fraud. The bottom line is that HOA corporations never have and never will preserve or create value for any owner other than the original declarant. Of course the HOA also benefits the owners of the law firm employing the HOA attorney and the owners of the management company - but not the owners of the homes in the subdivision.
Quote:
Originally Posted by lvmensch
But even here the HOA is at least attempting to keep some order...tough though when you cannot get the water or electric on.
....and why is the HOA corporation attempting to turn on water or electric at property not owned by the HOA corporation? Is the HOA corporation going to assume financial liability to the owner and the utility for the cost of electric, water, and any damages resulting from the same? The homeowner is NOT a tenant and the HOA corporation is not a landlord.
Quote:
Originally Posted by lvmensch
In this case an HOA foreclosure could be the best outcome. It will apparently take years before the property reverts to the state...the likely end game in this instance.
Thanks for showing how the HOA corporation does not preserve value for the OWNER of the property. The beneficiaries of your proposals are management companies, HOA attorneys, the HOA corporation (not the involuntary members), the state - virtually anyone OTHER than the actual owner of the property.
My first house was in a HOA area. They tried telling me I couldn't work on my truck (oil change, spark plugs etc., nothing major that would cause an eye sore for days) in my own front driveway and that I needed to take it to a repair shop. I drafted up a nice little letter stating that when they coughed up the money for me to take my vehicle to a repair shop, that I would be more than happy to do so. Never heard anything from them again. Then again I am a rebel of sorts and have no problem speaking my mind and showing someone my middle finger....all the hoopla centered around HOA is really meant to scare people. They have no legal authority other than your agreeing to abide by their trumped up rules on paper. They would have to file a civil suit in court to get you to actually listen to them in the event it actually went that far.
I have purchased 5 homes total in HOA's never had a problem , I enjoyed the fact everything was kept up and looked beautiful. I don't want a neighbor putting his car on jacks, leaving garbage cans out in front, etc.
I have never lived in a non-HOA neighborhood where people painted their houses weird colors or had junk cars in the yards. Guess I've been lucky.
I never have either! That seems to be the fear that keeps HOAs going or something - that if you're not in an HOA, your next-door neighbor will automatically paint their house purple with pink polka dots and Sanford and Son will be living across the street from you. In my experience, the non-HOA neighborhoods I've lived in all my life before moving to Texas were always well kept on their own. It was never a problem. Even the two mobile home parks I lived in Kentucky were well kept. We didn't need an HOA to have a nice neighborhood.
Unfortunately around here, it's almost impossible to find a non-HOA neighborhood, especially in unincorporated Harris County. It may be possible within some parts of the city limits of Houston but I'm not sure about that. If you want a house newer than about 40-ish years old that isn't way, way, way out in the boonies, it's almost guaranteed you will be dealing with an HOA, whether you want to or not. Even then, it will most likely have an HOA.
In general any HOA can foreclose on your house for non-payment of dues. It is pretty much standard. Here however, and in many other places the HOA cannot foreclose over fines.
You don't understand appraisal. The appraiser will use comps to value the property. If the market is saying that buyers prefer the ordered look of white lined curtains facing the public areas then "puke purple" IS going to hurt your property values.
I find it amusing that my CC&R's are a subject of contention to the people here that don't live in my HOA's.
See how they are hurting you even though you think you are living free?
An appraiser is not going to care about the color of the homes curtains. First of all who says they even stay with the house, they are not going to care about the color of the neighbor's curtains either.
If you don't like having a horse trailer parked in front of your house, or a car jacked up on blocks, or an old rusted out car with vines growing all over it parked on a front lawn
If you are living in this kind of a neighborhood, then you need to pick different neighborhoods. I've lived in many houses in my life and have never seen anything like that.
Choose a town that has regulations that you agree with and live there. If someone wanted a horse trailer they would live out in the country where that sort of thing is allowed. If they wanted to have a car in their front yard, they would live way out in the middle of nowhere. In the middle of nowhere there is no neighbor to see it.
I don't know where people are living that they see this sort of thing. I would never have an HOA telling me what to do, not in a million years. From the stories on here, some can tell you what color to paint your house, what color shutters you can have, even what kind of flowers. Well, maybe I want to paint my house light blue. Maybe I want natural cedar shakes. Or I want the house to be white with black shutters. That's my choice based upon what colors I like and what type of house it is, among other things.
The worst I've ever seen was when the house across the street was brick red with black shutters and in the spring they had bright pink rhododendrons. Oh dear. It clashed. Actually, the red and pink clashed for about a week--would an HOA make them repaint their house? Or would they have to take out the pink rhododendrons? The owners liked their brick red house with black shutters and that was their right to have it.
Now if someone is having loud parties--we had a neighbor when I was a kid who had a sweet sixteen party but everybody put up with it since the kid was only going to be 16 once--but if it's ongoing, you just call the town. They'll enforce the rule.
That's why you choose your type of town and you elect good town officials. No micromanaging, nosey HOA types going around trying to find things wrong. In a decent town most people get along fine without HOAs.
(3rd paragraph ) and the people who live in town and put a car up on blocks say exactly the phrase YOU use........" don't tell me what to do ".....
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