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CHTransplant, thank you for pointing out that newer neighborhoods are required to have stormwater management facilities, necessitating HOA's to own and maintain those facilities.
CHTransplant / twingles, do you know what year it was that HOA's started being required for subdivisions?
MikeJaquish, in your neighborhood's example if you have no HOA but you do have a covenant, does this mean that home-buyer signs the covenant (agreeing to the stipulations), and then if you 'break a rule', one or more of the other homeowners in your neighborhood can sue you if they choose? Do you know whether this kind of arrangement tends to be any less oppressive than one in which a HOA 'governs'?
lauradrops, sounds great!
I'd like to find some place that provides convenience, friendliness, activity, etc. balanced with some level of privacy, and well, freedom- (not overly 'nit-picky')...
Here is the recorded Declaration for my neighborhood:
It is short, because there are no HOA bylaws, etc, to consider.
If you go to Page 4 or 6, item (i), you will see that complainants can legally "...prosecute any proceedings at law or in equity against the person or persons, firms and corporations, violating or attempting to violate any such covenant and either prevent him or them from doing so or to recover damages or any other dues for such violation."
But, we don't run around suing each other. I am not aware of that ever happening at all, as a matter of fact.
Not having an HOA is a definite boost to our property values since many people seeking to buy, like us, value freedoms and mind our own business pretty well.
Non-HOA neighborhoods with reasonably affordable modern housing are no longer being built, so we have a very attractive niche among a large group of buyers.
CHTransplant, thank you for pointing out that newer neighborhoods are required to have stormwater management facilities, necessitating HOA's to own and maintain those facilities.
CHTransplant / twingles, do you know what year it was that HOA's started being required for subdivisions?
I believe it effectively applies from 1999 forward. It comes about through a convergence of different statutes, one applying to planned developments and common property requirements, and another applying to stormwater management facilities and ownership thereof.
I believe it effectively applies from 1999 forward. It comes about through a convergence of different statutes, one applying to planned developments and common property requirements, and another applying to stormwater management facilities and ownership thereof.
Subdivisions with common areas, which would include stormwater BMPs, buffer strips, entry signange, tot lots, pools, platted after 1995 require an entity to be identified that will maintain the common areas.
I think it says "person or entity," but what individual will take responsibility for a 20+ home subdivision BMP? Not too common that it is an individual.
Subdivisions with common areas, which would include stormwater BMPs, buffer strips, entry signange, tot lots, pools, platted after 1995 require an entity to be identified that will maintain the common areas.
And I may be wrong, Mike, but I think the stormwater requirements layered on in 1999 and tripped the requirement for HOA ownership of the required commonly owned stormwater facilities. Prior to that (since 1995), and HOA would be required only if the neighborhood had other common property.
And I may be wrong, Mike, but I think the stormwater requirements layered on in 1999 and tripped the requirement for HOA ownership of the required commonly owned stormwater facilities. Prior to that (since 1995), and HOA would be required only if the neighborhood had other common property.
No disagreement here.
I have a hunch you are right.
We already pay stormwater fees on our water bills.
Doesn't everyone pay stormwater fees on their water bills?
And, you are asking for increased city services. How much would you expect your stormwater fee to increase to cover the cost of the increased service you desire?
If you want to avoid a HOA you have to either live in an older neighborhood that predates the regulation that has been discussed above, or live in a small (less than 20 houses?) neighborhood. Anything bigger that is newer than 1990-something is required to have a HOA or similar. If you've just got 10 or 15 houses I guess they figure you can duke it out over any disagreements.
We live in an older neighborhood and don't have an HOA and don't see any reason to need one. We also don't care where people keep their trashcans. We do have a neighborhood email list and if someone's missing a cat they'll post there, but we're pretty live and let live.
I think many HOA neighborhoods are pretty chill, too, though. Driving through a neighborhood should give you a good feel for it. Do some front yards have little fences, or visible trashcans, or is everything super samey. Usually there's a middle ground between Stepford and slovenly. I'd consider taking a walk in a neighborhood that you might like to buy in and chatting with any owners that you see out. We have a lot of dog-walkers in our neighborhood before and after work, so that's a good time to catch folks outside, or the weekend if it's nice weather and folks like to work in their yards.
... if you have no HOA but you do have a covenant, does this mean that home-buyer signs the covenant (agreeing to the stipulations), and then if you 'break a rule', one or more of the other homeowners in your neighborhood can sue you if they choose?
The only enforcement is a lawsuit (or threat of one).
My subdivision (established 1984) has no HOA but does have a formal Protective Covenants document on file with the Wake County Register of Deeds. Nobody signs the document. A conscientious realtor will tell you about it. Maybe you will be handed a copy at Closing. Maybe.
Several of our homeowners openly violate the Covenants and this generates some low-level grumbling but nothing more. My next-door neighbor keeps chickens (not permitted) but nobody objects.
Quote:
Do you know whether this kind of arrangement tends to be any less oppressive than one in which a HOA 'governs'?
Yes, far less. For all intents and purposes the Covenants exist on paper but not in practice.
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