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Old 01-10-2013, 07:14 PM
 
7,280 posts, read 10,948,582 times
Reputation: 11491

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HOAs are there to protect the people managing the HOA. Now think about this for a minute. A group of people are going to decide what everyone else can do? So now you will have this private government deciding who can do what, when they can do it and how they can do it? Aren't there already enough laws, rules, regulations that dictate what you can and can't do?

The answer isn't a HOA, the answer is communication with neighbors when issues might arise. Some will say that the HOA can help avoid problems. Sure, just as long as you don't mind paying for the privilege of living in the house you bought. Wow, why bother?

Sure, some people in a neighborhood can do crazy things. So instead of acting like adults and using the remedies available, which few people do, run to the HOA who acts as the hall monitor to make sure you don't paint your house a different shade of gray?

Are all the people in the HOA of the same political thinking as you? Do you really think that the persuasion of the HOA isn't reflected by the few instead of the whole?

When you buy a house in a HOA you just excluded a lot of potential buyers when you sell. Are there people who will buy a house only with a HOA? Yes but there are a lot fewer of them and than the other way around.

You've already experienced abstract details, things which can be defined according to others and then imposed upon you. Haven't you had enough of that in your life already?
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Old 01-10-2013, 07:27 PM
 
Location: northern va
1,736 posts, read 2,892,485 times
Reputation: 1688
Quote:
Originally Posted by Mack Knife View Post
HOAs are there to protect the people managing the HOA. Now think about this for a minute. A group of people are going to decide what everyone else can do? So now you will have this private government deciding who can do what, when they can do it and how they can do it? Aren't there already enough laws, rules, regulations that dictate what you can and can't do?

The answer isn't a HOA, the answer is communication with neighbors when issues might arise. Some will say that the HOA can help avoid problems. Sure, just as long as you don't mind paying for the privilege of living in the house you bought. Wow, why bother?

Sure, some people in a neighborhood can do crazy things. So instead of acting like adults and using the remedies available, which few people do, run to the HOA who acts as the hall monitor to make sure you don't paint your house a different shade of gray?

Are all the people in the HOA of the same political thinking as you? Do you really think that the persuasion of the HOA isn't reflected by the few instead of the whole?

When you buy a house in a HOA you just excluded a lot of potential buyers when you sell. Are there people who will buy a house only with a HOA? Yes but there are a lot fewer of them and than the other way around.

You've already experienced abstract details, things which can be defined according to others and then imposed upon you. Haven't you had enough of that in your life already?
I have had exactly 1 buyer that has explicitly required no HOA, regardless of any potential property that may have came to market that otherwise fit their needs. took quite some time to find the perfect home, as everything we were looking for happened to fall within an HOA neighborhood.

i can say that multiple buyers have been turned off to various, non HOA homes because of the surrounding homes condition, whether it be overgrown yards, hoarder looking yards full of junk, vehicles up on jackstands with no apparent completion in sight etc etc etc.

I feel that HOAs are a necessary evil, as I would not want my neighbors properties affecting me selling my home in the future and i have seen first hand this happening.
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Old 01-10-2013, 07:46 PM
 
2,538 posts, read 4,710,991 times
Reputation: 3356
Quote:
Originally Posted by MikeJaquish View Post
I didn't say they wouldn't try to enforce it, did I?
And I didn't say I THINK they will not try to enforce it, did I?
Hmmmmmm. Nope. And Nope.

I believe I said, "That clause was NOT illegal when written.
It was replaced by current law." Yep. It looks to me like that is what I said.

"That clause was NOT illegal when written.
It was replaced by current law."
Checked again. Just to be sure. Yep. That's what I said.
It's OK if you look again and confirm that that is what I said. I'm out of time to copy/paste it again.

All that is part of the OPs due diligence.
My HOA has clauses that are illegal(ex. No satellite dishes), the HOA was only formed in 2003. What is your excuse for them now?
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Old 01-10-2013, 07:50 PM
 
Location: Cary, NC
43,280 posts, read 77,092,464 times
Reputation: 45637
Quote:
Originally Posted by Velvet Jones View Post
My HOA has clauses that are illegal(ex. No satellite dishes), the HOA was only formed in 2003. What is your excuse for them now?
Why would I make an excuse?
It is your community after all.
Why don't you fix it? What is your excuse?
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Old 01-11-2013, 08:52 AM
 
Location: Barrington
63,919 posts, read 46,725,169 times
Reputation: 20674
Quote:
Originally Posted by Velvet Jones View Post

My HOA has clauses that are illegal(ex. No satellite dishes), the HOA was only formed in 2003. What is your excuse for them now?
HOA/condo laws vary state to state and sometimes within state by county or municipality. Unless the state law defers/grandfathers to the HOA's governing documents, state law trumps the HOA governing documents, when in conflict.
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Old 01-11-2013, 09:31 AM
 
Location: In a cave
945 posts, read 968,069 times
Reputation: 721
Quote:
Originally Posted by awestover89 View Post
So, my husband and I have been looking at houses for a while, and we found a house that we really love. It's not perfect, but being honest we won't be able to find the perfect house in our budget. The biggest downside is that it has a Home Owners Association.

I never liked the idea of an HOA, for a variety of mostly emotional reasons, but that boils down to this is my house that I am spending 200K+ on, I want some freedom.

We thought the house was nice enough to get over the HOA, but the more I think about it the less comfortable I am with an HOA. The fees are equivalent to adding $25,000 to the mortgage ($225,000 house with the HOA is the same per month as a $250,000 house without the HOA, assuming insurance and taxes are the same) and we wouldn't really use the fitness center or pool. Exterior maintenance I can't imagine being frequent enough to justify the fee. ($135 a month, can rise 3% per year)

I am also nervous about the worst case scenario. Special assessments, neighbors with an ax to grind, changing rules. I just feel like we could never be fully comfortable in our own home, always worrying that there will be an unexpected special assessment, or a neighbor may raise a stink over something and cause problems.

We have gotten the by-laws and CC&R, and I read them over (38 pages). Nothing really stood out as a major concern, and they have $400,000 in reserves, but I just can't get over an uneasy feeling.

There are a couple of articles in the CC&R that are loosely defined, such as:

- How is noxious, offensive, or unsightly defined? I am gay, can a homophobic neighbor who finds out file a complaint claiming that my relationship is unsightly? I honestly don't believe this will happen, but as a worst case scenario I fear it will always be in the back of my mind.

There are a few other points of concern, such as a 1 foot easement onto neighboring properties, the association has the right to enter homes for repairs deemed necessary, and a limit of 2 cats or dogs as pets.

This is our first home, and I don't want to give up on this house just because of the HOA, but I don't want to spend that much money on a 30 year contract if I don't feel comfortable with the HOA. This decision would be a no-brainer if there wasn't the HOA, or if we had found a similar/equally nice home without an HOA, but as it is I am just spinning my wheels.

Am I being unreasonable?
Run for the hills. HOA is the worst albatross around a homeowners neck second only to property taxes (unavoidable).

I wouldn't ever own anything with deed restrictions, easements or HOA fees. Everyone I've known who has been in a HOA home has regretted it, but that is anecdotal evidence.
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Old 01-11-2013, 09:39 AM
 
Location: Cary, NC
43,280 posts, read 77,092,464 times
Reputation: 45637
Quote:
Originally Posted by derosterreich View Post
Run for the hills. HOA is the worst albatross around a homeowners neck second only to property taxes (unavoidable).

I wouldn't ever own anything with deed restrictions, easements or HOA fees. Everyone I've known who has been in a HOA home has regretted it, but that is anecdotal evidence.
I have no HOA, but cannot have a rendering operation at home due to covenants.

Deed restrictions are all over the place without HOA presence.
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Old 01-11-2013, 09:45 AM
 
Location: In a cave
945 posts, read 968,069 times
Reputation: 721
Quote:
Originally Posted by MikeJaquish View Post
I have no HOA, but cannot have a rendering operation at home due to covenants.

Deed restrictions are all over the place without HOA presence.

I understand that, but as I just stated I wouldn't buy a home (personally) with any one or combination of those restrictions or fees tethered to my home/property. No quite sure what intent is.
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Old 01-11-2013, 09:55 AM
 
Location: Cary, NC
43,280 posts, read 77,092,464 times
Reputation: 45637
Quote:
Originally Posted by derosterreich View Post
I understand that, but as I just stated I wouldn't buy a home (personally) with any one or combination of those restrictions or fees tethered to my home/property. No quite sure what intent is.
Most people want to live in an incorporated muncipality. Convenient to services and shopping. Most municipalities regulate activity on residential and commercial properties via zoning.

The OP did not indicate any desire to be the next Jeremiah Johnson.
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Old 01-11-2013, 10:07 AM
 
Location: In a cave
945 posts, read 968,069 times
Reputation: 721
Quote:
Originally Posted by MikeJaquish View Post
Most people want to live in an incorporated muncipality. Convenient to services and shopping. Most municipalities regulate activity on residential and commercial properties via zoning.

The OP did not indicate any desire to be the next Jeremiah Johnson.
Which services? I have 40 acres, a $300,000 house on it, all the services I could get in the city and no deed restrictions, HOA or easements. I also live 15 minutes from several shopping areas. I'm glad you already know what people want but to me real estate agents are worthless if you aren't helpless.

I've also sold, rented, bought properties with and without real estate agents and found no value to them. A real estate agent will always want you to spend more (they split a percentage of the sale price with the seller agent).
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