Rule changes for HOA (crime, mortgages, lawyer)

[BeckyS]

I live in a townhome (owned). Our association rules are miniscule - 2 pieces of paper is all. One of the rules is that you must garage your car overnight. This has been the rule since the development began 5 years ago. It has been enforced spottily (unfortunately) and now a resident wants the association to vote on revoking that rule.

This is entry level housing and we have a lot of people living here who aren't the classiest of folks. These are two bedroom houses with large two car garages.

The person who has motioned for the rule to be revoked did so because they own three cars. We owned three cars at one point as well but we got rid of one of them knowing that we would be living somewhere that we couldn't put it in the garage. I'm very annoyed at this development and have visions of cars in every driveway, all the time. Am I wrong to be PO'd because this person knowingly moved somewhere that didn't suit his needs and now wants to rules changed? One of the reasons I liked this place is the no overnight parking rule. Cars in driveways invite crime and affect the perception of the neighborhood.

Thoughts?

[golfgal]

I guess I don't see a problem with having cars left in a driveway overnight. I would think it would deter crime because it looks like someone is home. I would not like some beat up car up on blocks sitting in a driveway though. I don't see a problem repealing the no parking in the driveway as long as there is a stipulation for how long a car can be there without being moved to prevent broken down cars being left.

[Lindenin]

I'm have about much expertise on this issue as I do about being pregnant (I'm a male), but here are my two cents:

1. The rule was originally put in place for a reason. Why? Probably to deter this exact thing, junky cars parked everywhere or families having 3,4, or 5 cars, only 1 or 2 of which are in use. Should you be so quick to change the rules, or should this person simply follow the rules they signed up for?
2. Make sure the neighbors are engaged. It is amazing how many bad things get approved because people are simply not aware or don't care about issues.
3. Maybe you should propose an economic fee -- for an extra $50 per month, that person (or anyone) can be authorized to leave a car park in the driveway. That $600 per year would offest the rest of your assessments proportionately.

[Robert P Stewart]

I consult with HOA's all the time. It's one of the many things I do.

I've seen language in HOA docs to the effect that one may own as many cars as they'd like, but they cannot be parked on the street - and the ones parked in the driveway must be operable. The language then places that decision on what is operable in the hands of a subcommittee of the association. Their word is the decision. Attach stiff fines to those that violate the rule and be consistent.

The worst part of your situation is that the current rules were not properly enforced. If you have the rule, enforce it. If not, get rid of it. Selective enforcement benefits no one.

Starter homes need the most enforcement, as they're prone to being junked more than other tiers of housing. Strict HOA codes are there to protect the value of your property and to promote your use and enjoyment.

Robert

[TimtheGuy]

I agree with Golfgal. My parents live in an association (twin home), and I was somewhat shocked to find out that you can't park in your own driveway. When you drive through the neighborhood it appears as if NO ONE is home. Strange feeling IMO.

I am going to make it a point to never live in an association if I can help it.

[Robert P Stewart]

Chances are that its not your driveway. The driveway actually belongs to the development which is run by the association. You've probably been in mortgages long enough to know that townhouses are typically assigned 0.00 acres for a reason.

I always laugh when I see acreage listed on a townhouse listing, like the agent is counting managed green space as part of the home. A bit deceitful.

I think it is important that townhouse owners understand exactly what they're buying and what they're not buying.

My family and I live in a nice neighborhood with an association. I love it. You know why? It prevents my neighbor from starting a car repair business in his driveway. It also prevents indoor furniture from being placed outdoors - or flags proclaiming someone's undying and unconditional love for Jeff Gordon, #24, by Gawd.

Thank you HOA, for preventing meltdown perpetrated by the would-be thugs and hooligans which are my lovely and endearing neighbors (I *DO* like them by the way...)

Robert

[tvdxer]

Let's just say I would never live in an HOA.

[Robert P Stewart]

And you know what? That's awesome. Many people do not want to live in an association.

But what I truly hate is when people complain about an association that they voluntarily joined. When you buy a townhouse with an HOA, you legally have 10 days to review the HOA docs before you agree to purchase the home. That's 10 whole days to discover if any rule will prevent your use or enjoyment of the property. If you find something you don't like, don't buy.

That's my $0.02USD

I always review the HOA docs with my clients and point out the things I think will affect them the most, including taking a critical look at the association's budget and expenses. You can learn a ton about an association by how they spend money.

Robert

[BeckyS]

Tons of people hate HOAs and wouldn't want to live with them. Simple solution: don't buy a home that is subject to an HOA. Where I live has one and has always had one. If you don't want to comply with the rules, you shouldn't have bought a house here. Our bylaws are two pages; that's it. They were available at the model, you had to sign off on them with your purchase agreement and again at your closing. If you think they are unfair or you don't want to be bound by them, you shouldn't have bought the house. One of the things I LIKED about this place is that you can't park overnight in your driveway. You can park in your driveway, just not overnight.

I'm thinking about contacting a lawyer about our association's failure to enforce the rules. This is ridiculous; I would just sell my house but I wont be attempting that in in this market

Oh, and cars in the driveway do show that someone is home. Cars in the driveway overnight invite break-ins so it increases crime, not decreases it. Potential buyers don't much care for townhomes (that's what I have) that have cars parked all over. Turns them off pretty quickly.

[Lindenin]

No cars in the driveways make it feel a bit sterile.

A couple average cars in the driveway make it feel lived-in.

A few cars in the driveway and crammed on the street make it feel a bit crowded.

Many cars, some running and some not, some being used for parts, others waiting for that fix-up project that will never occur, make it feel downright junky.

Where do you draw the line? That is why a HOA has rules.