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Your dad is an idiot, and a crappy neighbor to boot. The fines levied against him can also cause the HOA to foreclose on their house.
Wow, such judgmental people on this thread. The father might be rebellious and annoying, but I wouldn't call him an idiot, as several people have. I also find it difficult to believe there are as few HOAs in MN as OP claims. HOAs are in so many urban and suburban areas now the only areas they don't often rule neighborhoods are in rural areas. Unless OP lives in MN, he/she has no way of knowing how common HOAs are. Even the parents probably wouldn't know unless they have thoroughly examined real estate every part of MN. Ultimately it's up to the parents what they do. And the HOA decides what rules they set up. Some are very unreasonable with requirements and others are reasonable. And what's so bad about planting a garden, anyway?
Threads like this remind me not only why I could never live in a HOA, but why I even think they shouldn't be allowed to exist at all. It is beyond comprehension to me that one could be told what to do with their own property, just because the neighbors think it's any of their business (and no, I don't think property values is justification) what people are doing with property they OWN--not rent, lease, but OWN. To me, if you own it, it's yours, you do with it whatever you feel like.
I can understand things like barking dogs, because it means a person is on their own property but pretty much can't use it due to all the noise trespassing into their living space. But being a lawn nazi, or thinking it's any of your business what color someone paints their fence--please. When I stroll around the houses located around me, some look nice, some don't--to me, it's THEIR houses and with such things they can do what they want. And again--no, not even "it brings down property values for others" is justification for telling someone what they can do with property they OWN.
I would feel otherwise if the property in question was LEASED to people vs they PURCHASED it. I've lived in rental places before, and I totally understood the need to maintain a certain "uniformity" or such--most of all, I understood that while it was my home, it wasn't really mine in an absolute ownership sort of way. I was RENTING the place. It never occurred to me to do any painting or to modify ANYTHING, I'd call the landlord for such things.
That all being said, I will agree that this person should have purchased elsewhere vs buying in and then trying to change things after the fact. It's a battle that's exhausting, time consuming, and could've been prevented. I will agree on that.
CC&Rs vary, but ours state that unallowed "improvements" have to be removed and the area returned to its original condition at the expense of the owner. If an owner refused, they could be fined DAILY after receiving 2 written notices and a written request to appear before the Board. If fines are unpaid we'd place a lien on the property, but only after sending 2 written notices and a certified letter advising a lien will be placed due to non-payment of fines.
Many people seem to think that builders want to setup HOAs to somehow "control" a neighborhood. Years ago cities/states figured out that they could require builders to install infrastructure that used to be their responsibility. Most now require builders install water, sewer, roads, sidewalks and even parks as part of deal when building a new neighborhood. Then the states took it a step further.... they REQUIRE the builders to set up HOAs (using state approved language) so the cost of maintaining the infrastructure is born by the neighborhood instead of the state. HOAs are nothing more than a state ducking the cost of maintenance. And we're all stuck with them.
Scooby, the OP used the term "idiot" in her initial post. Otherwise, I doubt it woukd have appeared in this thread.
Nothing wrong with planting a garden, per se. But HOA's have rules. While functional and somtimes attractive, I doubt that most of these gardens would be acceptable under most HOA regulations
Serving on our current BOD, I can agree, its the same folks doing what they want, rules be damned. So now, other neighbors are upset about the ones not adhering to the rules. During the recession, the policy was to notify of offense and subsequently waive fines upon correction. The violators have figured that out the fines are on the books until fixed and now thumb their noses at the rules. Fortunately, the by-laws give the BOD the authority to make the rules regarding fines. So, we are beginning a phase to fine, with hopes of a better neighborhood.
Wow, such judgmental people on this thread. The father might be rebellious and annoying, but I wouldn't call him an idiot, as several people have. I also find it difficult to believe there are as few HOAs in MN as OP claims. HOAs are in so many urban and suburban areas now the only areas they don't often rule neighborhoods are in rural areas. Unless OP lives in MN, he/she has no way of knowing how common HOAs are. Even the parents probably wouldn't know unless they have thoroughly examined real estate every part of MN. Ultimately it's up to the parents what they do. And the HOA decides what rules they set up. Some are very unreasonable with requirements and others are reasonable. And what's so bad about planting a garden, anyway?
I do live in MN. HOAs are not as popular here as in the sunbelt states. Even in their same development, part of it is not under the HOA. They literally could have bought 800 yards away and he could have done whatever he wanted.
Location: Stuck on the East Coast, hoping to head West
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I think you should do some research and print out all the scary things that can happen to people who don't follow HOA rules (including fines, suspension of things like pool memberships, lawsuits, foreclosure, etc) and then just nonchalantly give them to your dad.
Next, set limits on mom complaining about dad. That's their issue and I'm sure she can handle them. You're powerless in this situation and it's not your fight. Don't let her drag you into it.
I also think you should encourage him to join the Board because that would be awesome! Tell him to get involved and spearhead changes if he wants to. It will give him something to do and, who knows, maybe he can become involved in some neighborhood beautification projects or something.
As an aside, when I first bought into an HOA, I was completely clueless. I truly thought I was buying into the pool/tennis/trails upkeep and was totally fine with it. I had no idea I'd be subject to "annual inspections" and it was inconceivable to me that my neighbors could tell me what to do with MY house.
IF I bought a house with an HOA, it would be because I understand and agree with the regulations. I am very picky about my surroundings, so chances are I would be more likely to agree with the strictness.
I do not feel like looking at everyone's cars parked everywhere but the garage, or someone's boat trailer or camper parked in front of their house. Nor do I feel like looking at someone's assortment of lawn decorations, etc.
I have never had a problem, despite not having an HOA because I've chosen my neighborhoods carefully.
I'm sure I could find a reason for getting offended, if I was prevented from painting my front door, or for some reason, having to put someone else's judgment ahead of my own.
I know if your dad was my neighbor and just didn't give a shizzle about the HOA I would be pissed. Some people (myself included!) Choose to live in an HOA for a reason. We had a really hard time selling our house because of so many DIY people in our neighborhood. People had cards on cinder blocks, fences have torn down, unkempt lawns etc. (wasn't like that when we moved in!)
When we moved, I was thrilled to have an HOA. Your dad isn't be just grumpy he is being very selfish. (not sure if that approach would matter). Definitely shouldn't have moved to an HOA!!
Well said. We have 3-4 out of 113 that do not believe the rules apply to them. Always a dilemma about becoming involved.
I'm on my condo board. Our complex is about the same size, and we've got those few who have to be difficult, too. Then they show up at the meetings shouting at us as though we are the enemy. For example, everyone gets one assigned parking spot, and then other spots are for visitors, second cars, etc.
This guy wanted another spot for another vehicle. We said only one spot per unit, because some of the courtyards don't have enough parking for two to a unit. Then he said the problem was that his spot was too far from his unit door and he should have a handicapped spot. He looks healthy, but he is in his 60s and disabilities are not always visible, so we asked him to submit the paperwork for a handicapped spot and then we would designate a closer spot as handicapped for him. He sends us a copy of his Social Security check direct deposit notification. Not a disability check even, a regular SS check that he gets because he's retired and on Social Security. He's not handicapped. He's just a cranky old man.
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