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Not a nutjob, not looking for an issue, but I don't like to be told what color Christmas lights I can have outside, or if my kids can have a playhouse in the backyard, or that my front door isn't the "right" color", or my flowers aren't the right shade of pink, or my patio umbrella pattern is too "loud" etc. All issues my brother had plus some. Even told him they could see his Christmas tree through his front window with the colored lights and that was not allowed, only white. No thanks. I paid good money for my house I should be able to do whatever I want with it within reason. And really no one will tell me what color lights/flowers/doors I will have inside or outside of my home EVER. Not to mention the ridiculously high HOA fees always attached. No thanks.
Not a nutjob, not looking for an issue, but I don't like to be told what color Christmas lights I can have outside, or if my kids can have a playhouse in the backyard, or that my front door isn't the "right" color", or my flowers aren't the right shade of pink, or my patio umbrella pattern is too "loud" etc. All issues my brother had plus some. Even told him they could see his Christmas tree through his front window with the colored lights and that was not allowed, only white. No thanks. I paid good money for my house I should be able to do whatever I want with it within reason. And really no one will tell me what color lights/flowers/doors I will have inside or outside of my home EVER. Not to mention the ridiculously high HOA fees always attached. No thanks.
And in a reputation comment from an anonymous source, I got the following:
"So says the tackiest house on the block".
So says the rudest one on the block. Guess reading isn't a strong suit...see above bolded.
Is there such a thing past the point where a developer turns the Board over to the owners? Are there HOAs whose Boards are comprised of people who do not live in the community? I've never heard of one, but I don't pretend to be an expert in all things HOA.
The second bolded statement made me laugh. You contend that only HOAs control the use and enjoyment of one's property? Yeah, sure, that's the way it works. The city and state never enforce rules and laws on any homeowner. You might want to look up the phrase "eminent domain" to educate yourself on the ways entities other than HOAs can control your property.
You might want to look up the phrase "eminent domain" yourself and re-read the paragraph commented on. You also seem to be confused about the difference between governmental bodies and private persons under the law.
"Eminent domain" is used by political subdivisions of the state. An HOA corporation is not a political subdivision of the state and has no authority to utilize "eminent domain". There are limitations on the use of eminent domain by government and if eminent domain results in a compensable taking then the government must pay compensation to those from whom it took.
An HOA corporation is not a governmental body and is not entitled to use "eminent domain". In the case described, the problem is that a private corporation is attempting to assert dominion over people as well as over property that does not belong to the corporation. When a private person engages in such takings it is viewed as an offense such as a conversion or trespass. The case had absolutely nothing to do with laws or ordinances imposed by legitimate governmental bodies. Again an HOA corporation is not a legitimate governmental body.
The discussion was directed at the Farran case in Virginia where the board simply decided it could adopt a "rule" by fiat including another "rule" to "fine" homeowners who did not abide by board fiat. An HOA corporation is not a government. At best the HOA corporation is a "person" under the law. The HOA board had no more authority to make up rules and "fine" homeowners that did not comply than did the homeowners.
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