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My mistake. This link is to the Cypress Village HOA in Texas. I couldn't find a website for the HOA in California.
Quote:
Originally Posted by SmartMoney
Federal law always trumps HOA regs, so I don't know why you wasted type typing that up. The disdain is just dripping from you words, its hard to get beyond that to take your post seriously.
Not to mention the amount of time it took to read the CCRs. What a waste of time and energy.
§2.02 ...they hate kids there too. The restrictive covenants prohibiting the parking of bicycles and tricycles even on your own lot.
§2.03 you have to use the developer's address plate. Good luck finding a replacement when that time comes.
§2.04 purports to prohibit all signs and authorize the Developer to come onto "your" property and remove the signs. This isn't a "sign free" neighborhood though. The Developer is allowed to use whatever signs it wants. This section is unlawful as applied to election signs.
§2.05 prohibition against antennas. This has been unlawful since at least 1996. They can't prohibit satellite dishes up to a meter in diameter and they can't prohibit over-the-air TV antennas nor a host of other antennas.
§2.06 prohibition against electrical equipment. Wow this is a bit much. Apparently they want to prohibit vacuum cleaners, mixers, and other electrical equipment.
... offensive provisions
§2.24 the Developer doesn't want anyone to have a window air condition - even one that cannot be seen
§2.28 the Developer can unilaterally amend the CCRs to impose whatever new "covenants" or restrictions it wants to without your consent after you purchased "your" property.
§2.30 apparently the Developer believes in a private right to enforce local government ordinances
§2.31 prohibition against water wells - although the groundwater is owned by the owner of the surface estate in Texas by default, the "owners" will not be permitted to use or access their water.
§3.02 Developer reserves an undefined "landscaping easement" to enter your lot to get to flytrap, er, landscaping for the Development.
§6 - The AC committee has full control over your property. You can't do anything without permission. This doesn't apply to the Developer which can do whatever it wants.
§7 The old class A-B involuntary membership where Developer class means homeowner vote is initially not permitted and then mathematically irrelevant until such time as Developer decides otherwise.
§8.02 - Ah the pay, pay, pay and liens which can never be paid off part. Homeowners's homes are security for whatever debt the HOA racks up and assesses - don't need consent of homeowners to run up a tab. The lien includes annual maintenance charges, special maintenance charges for capital improvements (that park you were promised in the sales literature? you're going to pay for it again), special maintenance charges for emergencies, specific maintenance charges for a particular lot, plus interest, costs, and attorney fees.
§8.08 - foreclosure of your house if you don't pay the deadbeat HOA which is always demanding money. All your equity gone under the pretext of "preserving value", "making the neighborhood desirable".
...There are plenty of items that homeowners would not agree to. The problem is that it is the only housing available. If there were options, these places would be nothing but shells of neighborhoods. Existing owners wouldn't be able to sell because rationale buyers would choose homes that don't have perpetual liens that can never be paid off or HOAs that function only to interfere with your use and enjoyment of your property or from which an owner is expected to get "permission" to do anything with their property.
We get it IC, you hate HOA's, never miss a chance to slam them, but always avoid the realization that one has a choice to live in one or not.
The problem is that some folks want all the advantages of a HOA like the amenities, clutter free neighborhoods, higher resale but don't want to have to pay for or live with the restrictions that create those advantages. Your notion that HOA neighborhoods are the only housing available is ridiculous, probably the only housing available that features valued amenities and clutter free neighborhoods that seem to hold their value.
I am a reserved and structured person so I prefer a quiet, clean neighborhood with swimming pools and big trees so HOA works for me. I don't like to see non-operating cars park on the driveways or RVs park on the streets. I also don't like a lot of noise, houses with weird paint colors or unkempt lawns.
Generally speaking, HOA's generally cover exterior building maintenance of multi-unit buildings. Typically they do not cover exterior maintenance of stand alone homes (but they can control what is done), though in my HOA they do cover all exterior home maintenance and landscaping of our stand alone homes.
Bottom line is there is no set method. One must carefully read the Covenants (Deed Restrictions), Bylaws, Rules & Regulations as one should wi5th any contract they are about to enter into. Do remember it is a contract you are entering into and all parties are obligated to abide by it even when one does not like it.
Keep in mind, the HOA is like a corporation of which you are a shareholder in. The HOA is not "them". The HOA is you.
While you're checking, check on when it was done last and how much they're saving for the next time.
Out of interest, you might check whether every unit has to be bad to get the outside worked on as a group or if they will do it individually. Even though detached, the group plan may be in effect.
While you're checking, check on when it was done last and how much they're saving for the next time.
Out of interest, you might check whether every unit has to be bad to get the outside worked on as a group or if they will do it individually. Even though detached, the group plan may be in effect.
Yup. If you start demanding that they reroof and repaint this structure they may hit you and others with a special assessment.
Federal law always trumps HOA regs, so I don't know why you wasted type typing that up. The disdain is just dripping from you words, its hard to get beyond that to take your post seriously.
Sure federal law trumps. Problem is that all the homeowners end up having to pay for the threatening letters and litigation from the HOA and its vendors. The target homeowners also end up having to pay to defend. One might ask why provisions like this continue cropping up decades after a clear federal mandate.
The other provisions are not regulated by federal law - yet. They are simply oppressive provisions that seriously undermine the concept of "ownership".
We get it IC, you hate HOA's, never miss a chance to slam them, but always avoid the realization that one has a choice to live in one or not.
The problem is that some folks want all the advantages of a HOA like the amenities, clutter free neighborhoods, higher resale but don't want to have to pay for or live with the restrictions that create those advantages. Your notion that HOA neighborhoods are the only housing available is ridiculous, probably the only housing available that features valued amenities and clutter free neighborhoods that seem to hold their value.
1. You might have property burdened by an HOA corporation but you don't live "in" an HOA corporation.
2. Most restrictive covenants impose little or no obligation on the HOA Corporation. So although the homeowners are burdened with obligations to the HOA, there is no bilateral obligation.
3. HOA burdened property does not offer "higher resale" only higher carrying costs, liabilities, and risks.
4. HOA burdened housing is all that has been built in the last 30-50 years in many parts of the country - so there is no feasible choice for a significant part of the population.
5. HOAs do not "preserve value" for the homeowners and significantly impair use and enjoyment of the property.
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