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Old 02-16-2011, 10:24 PM
 
9,848 posts, read 30,310,881 times
Reputation: 10517

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Quote:
Originally Posted by Slinkycat View Post
People need to be very careful and understand completely what they are getting into when they buy property.
Agreed. Given most newer subdivisions contain common areas with parks and landscape that need care, pools, clubhouses and tennis courts that need maintenance, repairs and insurance coverage, people also need to figure out how to collect money to pay for them and an organized method of collecting the funds and paying vendors.

Most depend on an "Association" of homeowners to take care of this. What's your proposal? Maybe neighbors could just pass a hat around and hope somebody pays the bills?
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Old 02-16-2011, 10:45 PM
 
58 posts, read 231,633 times
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Quote:
Originally Posted by North_Raleigh_Guy View Post
Agreed. Given most newer subdivisions contain common areas with parks and landscape that need care, pools, clubhouses and tennis courts that need maintenance, repairs and insurance coverage, people also need to figure out how to collect money to pay for them and an organized method of collecting the funds and paying vendors.

Most depend on an "Association" of homeowners to take care of this. What's your proposal? Maybe neighbors could just pass a hat around and hope somebody pays the bills?
These are the exact same issues that plague local governments with road repairs, traffic light maintenance and so on.

What you essentially have with a HOA is a smaller local government within a larger municipal one. So now everyone in the HOA has to pay another layer of taxation to take care of those common areas, in addition to the local property and municipal taxes and fees they pay to their local government.

Here's what I would suggest. Sell off the common areas, redistribute the proceeds to everyone in the HOA, then disband the HOA and set everyone free. Now you have just the local government taxes to pay, and you let the local government take care of managing the neighborhood with their ordinances and zoning, just like they always did before HOAs showed up.
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Old 02-16-2011, 11:27 PM
 
9,848 posts, read 30,310,881 times
Reputation: 10517
Your solution isn't viable and is not possible in the real world. The city and county can't get bogged down with the details of managing the various ammenities of every neighborhood and private neighborhoods aren't interested in serving as public recreational areas with equal access to all residents of the city.

Local governments have no interest in managing hundreds if not thousands of acres of additional landscapes, let alone pools, club houses, parks, and tennis courts, and golf course tucked away in countless neighborhoods. They have their hands full with the public spaces they already try to manage. Don't even get me started about the liability involved in owing 1,000 pools. Adding thousands of subdivision would represent a huge logistical and financial burden that could never be met and is better left to the residents of the community who directly enjoy those ammenities and can direct their management tailored to the speicifc needs of the neighborhood residents. Besides, I don't think people move into their neighborhoods with the notion of sharing their pools and other ammenities with all residents of the city, which you seem to be suggesting.

I see no viable alternative to HOAs when such ammenities are involved.
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Old 02-17-2011, 06:19 AM
 
Location: Wake Forest
2,835 posts, read 7,349,075 times
Reputation: 2052
HOA Alert: They are here to stay, no avoiding those if one decides to buy in a HOA covered community. Non negotiable. However they are amendable.

It does not matter if the land/home improvement is 'Red', 'Yellow' or in the case of the poster 'Green'. If it is prohibited by the HOA it is prohibited. However, having said that there is always a clause in them that allow for the 'changes' to be make to the HOA by-laws.

It also come down to 'READ-READ-READ' ALL documents that will/may affect your property and any structure placed upon them. Knowledge is the 'GREEN ENERGY' of the future. Look what you would have saved by having the knowledge that your solar (I suck up the sun) panels were not allowed in your community!

My suggestion is to 'READ' your HOA by-laws to see how one goes about to amend the by-laws for 'GREEN ENERGY' devices located on properties with in the jurisdiction of the HOA community. In the meantime your panels can 'steam the liquid out of the water' until such time the by-laws get amended or you need to remove the panels from the neighbors 'eye-sores' radar screen.

Anyone thinking of adding going 'GREEN' from an energy perspective that is external to your home, read the BLACK & WHITE paper to avoid going 'RED' with anger!

P.S. While you are amending the by-laws for solar panels you might as well address the 10 story Don Quixote wind mills that maybe coming to a community near you! Lots and lots of 'Hot Air' will be debated on these 'eye sores' until 'spectacles' will be required to see the benefit of these wind generating electrical plants or just 'spectacles' to protect ones eyes from the winds the giant propellers generate!
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Old 02-17-2011, 06:57 AM
 
Location: Raleigh, NC
12,475 posts, read 32,273,915 times
Reputation: 9450
Quote:
Originally Posted by Slinkycat View Post
These are the exact same issues that plague local governments with road repairs, traffic light maintenance and so on.

What you essentially have with a HOA is a smaller local government within a larger municipal one. So now everyone in the HOA has to pay another layer of taxation to take care of those common areas, in addition to the local property and municipal taxes and fees they pay to their local government.

Here's what I would suggest. Sell off the common areas, redistribute the proceeds to everyone in the HOA, then disband the HOA and set everyone free. Now you have just the local government taxes to pay, and you let the local government take care of managing the neighborhood with their ordinances and zoning, just like they always did before HOAs showed up.
That may work in YOUR world but you seem to forget that many folks WANT an HOA. They choose a n'hood based on the looks of the yards and the common areas and want to maintain home values. They WANT an HOA. I want an HOA.

Vicki
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Old 02-17-2011, 07:26 AM
 
3,050 posts, read 4,998,094 times
Reputation: 3780
Quote:
Originally Posted by Slinkycat View Post
These are the exact same issues that plague local governments with road repairs, traffic light maintenance and so on.

What you essentially have with a HOA is a smaller local government within a larger municipal one. So now everyone in the HOA has to pay another layer of taxation to take care of those common areas, in addition to the local property and municipal taxes and fees they pay to their local government.

Here's what I would suggest. Sell off the common areas, redistribute the proceeds to everyone in the HOA, then disband the HOA and set everyone free. Now you have just the local government taxes to pay, and you let the local government take care of managing the neighborhood with their ordinances and zoning, just like they always did before HOAs showed up.
Why on earth would you want a larger government body coming in and taking over? If you don't like what that government body does, is your solution then to sell if off to an even larger government body? Pretty soon you will have the Feds measuring your grass...

One of the best things about the HOA is that allows neighbors to determine what the rules should be. If enough neighbors don't like the rules, simply vote in a new board.
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Old 02-17-2011, 07:27 AM
 
Location: Charlotte, NC
1,969 posts, read 3,601,372 times
Reputation: 2916
Quote:
Originally Posted by VickiR View Post
That may work in YOUR world but you seem to forget that many folks WANT an HOA. They choose a n'hood based on the looks of the yards and the common areas and want to maintain home values. They WANT an HOA. I want an HOA.

Vicki
I think that when people want to buy in a specific area, and all their home buying options are located in an HOA, they have no choice whether or not they want to buy in an HOA, they are not given that option. Considering what I've seen written on here, I would surmise that a good chunk of people don't want to be in an HOA, including myself. I think that there is too much focus on a home values. If I buy a home that I plan to live in the for next 20 years, why would I be concerned with my homes value on a consistant basis, when I have no interest in selling the property in the near future.
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Old 02-17-2011, 08:51 AM
 
Location: Midtown Raleigh
1,074 posts, read 3,249,497 times
Reputation: 961
Below is a link to an interesting court opinion. It is regarding an NC homeowner who built a structure without ARC approval. He lost at trial and on appeal.

CAI Law Reporter - February 2011
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Old 02-17-2011, 09:46 AM
 
569 posts, read 1,979,910 times
Reputation: 546
Quote:
Originally Posted by cry884 View Post
Below is a link to an interesting court opinion. It is regarding an NC homeowner who built a structure without ARC approval. He lost at trial and on appeal.

CAI Law Reporter - February 2011
"The association’s architectural committee is authorized by the association’s declaration to decide, in its sole and absolute discretion, the precise site and location of any structure placed upon any lot."

"The court granted a directed verdict in the association's favor and awarded attorney's fees totaling $96,000. The court also granted the association's liens for fines totaling $39,700 and ordered that the covered porch be removed. In addition, the association was granted permission to forclose on the house in the event Bodine failed to comply with the court's orders by a specified date."

The bolding is mine, but this is very typical of the powers of an HOA. Why anyone would voluntarily give 3 or 5 or however many appointed others the "sole and absolute discretion" to decide what they do with their own property is beyond me.
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Old 02-17-2011, 10:53 AM
 
553 posts, read 1,027,905 times
Reputation: 289
Quote:
Originally Posted by topchief1 View Post
I think that when people want to buy in a specific area, and all their home buying options are located in an HOA, they have no choice whether or not they want to buy in an HOA, they are not given that option. Considering what I've seen written on here, I would surmise that a good chunk of people don't want to be in an HOA, including myself. I think that there is too much focus on a home values. If I buy a home that I plan to live in the for next 20 years, why would I be concerned with my homes value on a consistant basis, when I have no interest in selling the property in the near future.
The "value" comes from the fact that other people just choose not to live next to a rotting shack or a jungle with wild life in it or a garbage lying all over the next front yard. It is funny how people say: I do want to live in that area (because apparently it is nice and have good neighborhood!) but I want to be free to do whatever. Your freedom ends there where the freedom of others begins. Yes, you are free to do whatever you like if if does not affect other people's rights. But the way your house and frontyard look obviously affect the quality of life of other people.
For some people there are morals: treat others in the way you want to be treated. For other's who do not understand it, there is fortunately law. Regardless if you like it or not, but if you buy a house in HOA you will have to obey their rules... even if you personally see not point in respecting other people's rights.

That being said, I think solar energy should be promoted. Solar panels are not the same as painting house orange. there should be some civilized solution for installing solar panels because climate change is a major issue nowadays and is important for all the people. It is not coming from personal preferences like : i want the house to be orange or "I do not care how my front yard looks". This is a different issue. It does not come from being selfish.
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