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There is no way in Hell that I would ever move into any HOA property
You give up all of your rights to a board of nit pickers with nothing else to do.
We went out to dinner with friends recently. We picked them up and on the way out of their sub-division, twice they asked me to stop while they wrote down addresses of homes that they said "had HOA infractions" and they would send out fines when they got back home.
That was the last time we were wit them. Dictators!
The HOA is not subject to the Constitution. The Constitution is a constraint on government only. Besides, Mr. Hildenbrand voluntarily signed away any rights he might have had when he agreed to abide by the HOA rules when he purchased the property. If he didn't read and understand those rules, that's his fault.
Are you saying CCR language that forbids "Colored" is valid???
The unincorporated part of the county I have to live in would be the 5th largest city in the USA. Texas counties need to have special permission from the state legislature to make an ordinance. There is no town to make rules about anything.
If the market is down and investors from all over the country start buying up your community for rent property, your needs may change.
Just now, I'm fixing to get into with my HOA board for not uniformly enforcing the deeds restrictions. A renter in a nice 3000 ft house with a pool leaves their 5 huge garbage cans, their recycle bin, a 30 gallon aquarium full of mosquito breeding stagnate water along with a bright yellow 5 gallon gas can in the front side of their house. There is not a damn thing I can do.The HOA cannot fine them. They can only ask that it be moved behind the fence. But, since that house is at the first corner stop sign, anybody coming into the community looking to buy will be put off by the mess.
One asshat can spoil a 350 home community.
Over time things change... I know because my first home was in a drug infested neighborhood with boarded up homes... it was all I could do to get in at age 22.
Today there are no boarded up homes and the least expensive bungalow is 400k on my block... Drug Dealers and Drive By's are almost Urban Legend but I can show you where I spackled the bullet holes...
The county can enforce Health Code violations anywhere on private property...
Are you saying CCR language that forbids "Colored" is valid???
No, those clauses are specifically banned by law. Unless a law overrides the CC&Rs, you agree to anything that's in the HOA documents you sign at the time you purchase a home. That may include the ability to fly a flag, display religious or political items, etc.
If the market is down and investors from all over the country start buying up your community for rent property, your needs may change.
Not quite sure what you specifically mean here, but believe me, they would have to kill me and sign my name with the last drop of my blood that's bled out of my corpse before I signed anything to facilitate starting an HOA here. Not sure anyone could legally even do that, believe me I'd be suing.
And yes, I'm sorry to those who live in cities where there is no choice.
Here it is definitely not like that. Like I said this is one of the most desirable neighborhoods in town, no HOA. There is not one house that looks bad.
No, those clauses are specifically banned by law. Unless a law overrides the CC&Rs, you agree to anything that's in the HOA documents you sign at the time you purchase a home. That may include the ability to fly a flag, display religious or political items, etc.
I think we are on the same page... everything is subject to change... even CCR and applicable law.
My Godparents moved to a CCR retirement community... the members had to pay extra assessments for legal fees... turned out to be 2k above their annual $1200....
The association blocked a lawyer from building saying his plans did not meet the CCR but the lawyer filed suit citing examples in the Association matching his plans... the lawyer had some expenses I am sure... the association had hundreds of thousands in legal fees... when it was all said and done the association lost because precedent had been established...
It is this kind of stuff that worries me... sure there was some legal insurance coverage but that went rather quick...
So in the end they guy builds his home... has no desire to live there and sells it... all over how building height was calculated on a down slope lot and number of garage spaces... he wanted one oversize as several other had...
So, what happens when someone has kids that drive and the cars don't all fit in the garage or on the driveway? Or, we have a smallish house with an attic that isn't usable for storage, and minimal closet space, and use the garage to store the stuff that doesn't fit in the house. That means our cars are parked on the driveway all the time. And, since our driveway is only one car wide, we sometimes have to park on the street.
Requiring cars to be garaged & no on-street parking are both very common hoa requirements. I don't see it as oppression if you know about it before you move in - by modern standards the typical hoa-mcbuilder lot is tiny & no one who actually cares about the overall appearance of a property would advocate for driveway or on-street parking - they're both symptoms of overcrowded and disorganized homes.
Requiring cars to be garaged & no on-street parking are both very common hoa requirements. I don't see it as oppression if you know about it before you move in - by modern standards the typical hoa-mcbuilder lot is tiny & no one who actually cares about the overall appearance of a property would advocate for driveway or on-street parking - they're both symptoms of overcrowded and disorganized homes.
Having a teenage driver in a 4 bedroom house is indicative of overcrowding because you can't get 3 cars in a 2 car garage? That's hilarious.
What I have seen is no overnight parking outside anywhere...
So when the night patrol comes around at midnight... your driveway and street better be clear.
A huge issue here in California is the emergency Drought ordinances enacted that were often not in sync with the CCR on having turf, lush landscape... drought tolerant succulents do not quality... nor to rock gardens or bark chips...
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