Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > North Carolina > Raleigh, Durham, Chapel Hill, Cary
 [Register]
Raleigh, Durham, Chapel Hill, Cary The Triangle Area
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 09-15-2010, 07:39 PM
 
Location: S.E. US
13,163 posts, read 1,692,498 times
Reputation: 5132

Advertisements

Quote:
Originally Posted by wizard-xyzzy View Post
Some HOAs are purely voluntary (mine is). They don't own/maintain community property, nor do they enforce deed covenants. Instead they run social functions and interface with the city/town on issues like traffic, nearby zoning and development proposals, etc.
So, how do you get all the residents to join and pay their dues so that there is $$ in the kitty to run the social functions, or put up signs for a community watch, or print notices or whatever comes along that costs money. Even copies and postage take money. How do you get everyone to pitch in for the good of the entire subdivision if it's voluntary?
Reply With Quote Quick reply to this message

 
Old 09-16-2010, 06:10 AM
 
4,261 posts, read 4,712,159 times
Reputation: 4084
Quote:
Originally Posted by southward bound View Post
So, how do you get all the residents to join and pay their dues so that there is $$ in the kitty to run the social functions, or put up signs for a community watch, or print notices or whatever comes along that costs money. Even copies and postage take money. How do you get everyone to pitch in for the good of the entire subdivision if it's voluntary?
Not all do. I haven't been on the board for a long time, but I suspect the membership rate is somewhere between 30% and 50%. That's been enough to sustain the organization for 25+ years now. HOA's like ours don't cost much to run.
Reply With Quote Quick reply to this message
 
Old 09-16-2010, 06:43 AM
 
9,196 posts, read 24,936,310 times
Reputation: 8585
Quote:
Originally Posted by wizard-xyzzy View Post
Not all do. I haven't been on the board for a long time, but I suspect the membership rate is somewhere between 30% and 50%. That's been enough to sustain the organization for 25+ years now. HOA's like ours don't cost much to run.
My former neighborhood in North Raleigh was much the same way. The HOA was voluntary. They asked for $60 a year to maintain our entrances and pay for a few social events, a newsletter and neighborhood directory. Most people I know contributed.
Reply With Quote Quick reply to this message
 
Old 09-16-2010, 09:16 AM
 
Location: Raleigh, NC
12,475 posts, read 32,241,694 times
Reputation: 9450
I've lived in many n'hoods with HOAs. I prefer them. I don't have to worry about people parking their cars and trucks in their front yards. Most people have pride in their home, yard and neighborhood and don't have to be told when it is time to cut their grass. For those that need a reminder, I'm glad the HOA can do this.

I have showed many n'hoods without HOAs and you can INSTANTLY tell. And I can tell you that it DOES affect property values if the yards and homes do not look well maintained.

It isn't like my HOA is contacting me DAILY to tell me what to do. I don't know that I have ever been contacted by the HOA. So, I don't really understand why someone would be so against the HOA unless they wanted to do something like park their cars in the front yard.

I'd really like to know...what is it that you want to do that your HOA won't allow you to do?

Vicki
Reply With Quote Quick reply to this message
 
Old 09-16-2010, 07:02 PM
 
Location: S.E. US
13,163 posts, read 1,692,498 times
Reputation: 5132
What I can't quite understand is how the voluntary membership HOAs deal with enforcement of covenants. I take it that they have covenants, or is it just an informal "social" HOA?

A neighborhood with covenants and an HOA where membership is optional sounds ineffective. Everyone has to comply with the covenants (per law), but not everyone has to be member. So, how do you get compliance with the covenants of non-members who might be in violation? My understanding is that the HOA would normally have recourse at law against such a homeowner, but with 30-50% membership, how can the HOA afford to take legal action? Their hands would be tied, yet they have the responsibility to enforce compliance with covenants. Sounds like a conundrum to me.

Vicki? Can you throw some light on this? What am I missing?

I agree with Vicki. The HOA is there for the protection of values of the entire neighborhood. I'm very much in favor of the HOA, having lived in several communities with HOAs. None of them were very restrictive. I generally think any subdivision with a set of covenants that exceeds a dozen pages could spell trouble.
Reply With Quote Quick reply to this message
 
Old 09-16-2010, 07:08 PM
 
Location: Raleigh, NC
12,475 posts, read 32,241,694 times
Reputation: 9450
Quote:
Originally Posted by southward bound View Post
What I can't quite understand is how the voluntary membership HOAs deal with enforcement of covenants. I take it that they have covenants, or is it just an informal "social" HOA?

A neighborhood with covenants and an HOA where membership is optional sounds ineffective. Everyone has to comply with the covenants (per law), but not everyone has to be member. So, how do you get compliance with the covenants of non-members who might be in violation? My understanding is that the HOA would normally have recourse at law against such a homeowner, but with 30-50% membership, how can the HOA afford to take legal action? Their hands would be tied, yet they have the responsibility to enforce compliance with covenants. Sounds like a conundrum to me.

Vicki? Can you throw some light on this? What am I missing?

I agree with Vicki. The HOA is there for the protection of values of the entire neighborhood. I'm very much in favor of the HOA, having lived in several communities with HOAs. None of them were very restrictive. I generally think any subdivision with a set of covenants that exceeds a dozen pages could spell trouble.
I think you got it right...Just because a few of the neighbors collect some fees (for Christmas wreaths at the entrance or some flowers) doesn't make them a HOA. It does make them a nice group of homeowners!

Vicki
Reply With Quote Quick reply to this message
 
Old 09-16-2010, 09:18 PM
 
Location: Cary, NC
8,269 posts, read 25,104,632 times
Reputation: 5591
Quote:
Originally Posted by VickiR View Post

I'd really like to know...what is it that you want to do that your HOA won't allow you to do?

Vicki
Anything, yet nothing specific. I just simply have no need or place for them and will not give up any single freedom to any type of board. I'm a much happier person living amongst the type of people who might park on their lawns versus living amongst the type of people who need an HOA to prohibit it.
Reply With Quote Quick reply to this message
 
Old 09-17-2010, 06:33 AM
 
9,196 posts, read 24,936,310 times
Reputation: 8585
Quote:
Originally Posted by southward bound View Post
What I can't quite understand is how the voluntary membership HOAs deal with enforcement of covenants. I take it that they have covenants, or is it just an informal "social" HOA?

A neighborhood with covenants and an HOA where membership is optional sounds ineffective. Everyone has to comply with the covenants (per law), but not everyone has to be member. So, how do you get compliance with the covenants of non-members who might be in violation?
Quote:
Originally Posted by VickiR View Post
I think you got it right...Just because a few of the neighbors collect some fees (for Christmas wreaths at the entrance or some flowers) doesn't make them a HOA. It does make them a nice group of homeowners!
An HOA is one thing; covenants are another. Often they are tied together; sometimes they are not. The neighborhood I lived in did have a HOA, and yes it was an HOA - incorporated as a NC non-profit corporation, with a membership class defined as all homeowners in the subdivision (dues paying or not). It had a board of directors and officers. It was responsible for maintaining 3 neighborhood entrances, including signage, landscaping, irrigation and insurance. It hosted a few neighborhood social events during the year, primarily for the kids. It distributed newletters and maintained a neighborhood directory. So all in all, a bit more than a nice group of homeowners paying for some Christmas wreaths and flowers. What it lacked was a means to makes assessments against the lots and enforce them with liens. So it operated like a lot of non-profit organizations - relying on voluntary contributions and volunteers to achieve its objectives.

The neighborhood also had covenants - but far fewer than you see in many newer neighborhoods today - I would say they fit on a single page. The HOA was not charged with enforcement of the covenants (since it was not a creation of the developer at the time the neighborhood was built). Presumably, any lot owner could enforce the covenants against any other lot owner. That's not a terribly effective enforcement mechanism, admittedly, but it's what's been in use for decades in this country on a variety of types of real estate covenants, since long before HOAs were common.
Reply With Quote Quick reply to this message
 
Old 09-17-2010, 02:54 PM
 
4,261 posts, read 4,712,159 times
Reputation: 4084
Quote:
Originally Posted by CHTransplant View Post
An HOA is one thing; covenants are another. Often they are tied together; sometimes they are not...
Correct, my HOA does not enforce covenants. The developer, who is still in business, reserved that role for itself -- or one homeowner can take another to court.

Usually the threat of covenant enforcement is sufficient to quell the problem. Or, something that violates a covenant may also violate a city ordinance or zoning regulation, and then the city will step in.
Reply With Quote Quick reply to this message
 
Old 09-17-2010, 06:27 PM
 
Location: S.E. US
13,163 posts, read 1,692,498 times
Reputation: 5132
I don't know. I don't understand the "voluntary" part. If people in the neighborhood want to keep it looking nice, and keep the property values up, but a few don't want to abide by the covenants, that's going to drag the whole neighborhood down. Most people are reluctant to sue, and I imagine not too many have the money nowadays to do that. There's strength in numbers and all the residents should support enforcement, not leave it up to just one to deal with it. Whatever the situation, it affects everyone, not just the next door neighbor.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:




Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > North Carolina > Raleigh, Durham, Chapel Hill, Cary
Similar Threads

All times are GMT -6. The time now is 07:49 PM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top