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HOA law varies widely from state to state. In some states, the board has a legal obligation to enforce the rules; some they can change by board action and some require changing the governing documents which are recorded with the court. If the board doesn't, they can then be sued. If a board doesn't take steps as required by law and are sued their D&O insurance might not cover them since it typically does't cover negligence and intentional oversight.
But this can happen anywhere. We don't have an HOA where I live, but my neighbor has had the county more than once get on his case about not mowing, having a vehicle on his property - but visible from the road - without license plates. Anyone could have done since its a commonly used side road for walking. I could have cared less, living in a non-HOA means you put up with stuff. Just be aware and follow the law and the rules. If you don't like them, run for office or take the time and drive around to see where others are doing it and its not being enforced. Governing authorities whether in government or on an HOA board can't pick and choose.
Thus, the homeowner who built the fort, not only violated the rules but also put the board in a no-win situation. He really owes an apology to his neighbors for causing such drama. He should have asked the board first.
I'm on realtor.com regularly looking at houses in the desert sw, and when the neighbor has cars parked on their dirt front yard and an old washing machine sitting out trashed in the back, I toss the listing no matter how good it is. So while I'd never buy into an HOA that dictated what color my front door is, I also don't want to live next to riff raff.
If you buy hoa, obey hoa rules. Don't like hoa rules, buy elsewhere. It's really that simple.
Unless they're being unequally or unevenly enforced.
My old HOA was really loosey-goosey so they said something to me once and I asked why they weren't enforcing dozens of other things and they let it drop.
I'm on realtor.com regularly looking at houses in the desert sw, and when the neighbor has cars parked on their dirt front yard and an old washing machine sitting out trashed in the back, I toss the listing no matter how good it is. So while I'd never buy into an HOA that dictated what color my front door is, I also don't want to live next to riff raff.
That's the problem, nobody wants an HOA....and at the same time nobody want's a neighbor with lawn couches and broken toys etc.
See I wouldn't care about a tacky neighbor, a cheap looking car port, a gaudily painted house, an RV in the drive way. None of this stuff concerns me, I just worry about my own house and yard.
Well, that's nice but what happens when you decide to sell your home and your neighbor's tacky house, yard, carport, etc. is affecting your resale value?
Well, that's nice but what happens when you decide to sell your home and your neighbor's tacky house, yard, carport, etc. is affecting your resale value?
He doesn't care about that. He'll take the $50,000 loss when he sells.
But on the other hand, he can take the money he gets from selling his house and go into a ghetto neighborhood and buy the house next door to all the semi-stripped cars up on blocks, the blasting music, and the live pig in the backyard and he will get that house for $50,000 less than it should bring, so it all balances out.
He doesn't care about that. He'll take the $50,000 loss when he sells.
But on the other hand, he can take the money he gets from selling his house and go into a ghetto neighborhood and buy the house next door to all the semi-stripped cars up on blocks, the blasting music, and the live pig in the backyard and he will get that house for $50,000 less than it should bring, so it all balances out.
I mean I guess that's one way to justify giving up your personal property rights to nosy neighbors, but reality is there's plenty of decent, non-HOA neighborhoods where the possibility of a horror house next door is nil to minimal. Most Americans will never deal with such a situation, so the extremely rare possibility of it happening does not justify the loss of property rights that comes with HOA ownership.
I know someone who sold a home to a person who will only mow down the middle of the grass and leaves the edges sticking up. They do this at the easement and along the driveway and front of the home. They used to never mow until the town got involved and I guess this is their way of getting back at whoever ratted them out. No HOA and it's quite an eyesore.
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