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I guess what bothers me about this is the arrogance behind the question.
If you buy in a neighborhood or a condo with an HOA, you are contracting to follow the HOA's rules.
Hey, if you don't like that, don't buy there. But don't buy there and then tell everyone else to shove it. That's just runaway narcissism.
What's more, the OP seems to think he's the only person in the entirety of real estate history who's been sneaky enough to consider flouting the HOA agreement. That means that nobody has ever thought of a mechanism to punish the person who flout the agreement.
OP, it's really simple. Make friends with someone on the HOA board. Tell them what you'd like to do. Make sure it's within the covenants that you signed. If it's not, ask what approach would be within the rules.
Wow. Diplomacy and cooperation. What a concept.
I love these other posters who are weighing in on this thread, whining about HOAs and having to answer to your neighborhood. If you don't like the idea of an HOA, don't live there.
Exactly. Customer says no -- I do it anyway----what can happen
Girl says no --- I do it anyway----what can happen?
Not saying this will happen; I am playing the 'what if' game, b/c it probably will.
Just bought a townhouse/condo, and I am going to want to change one of the windows. It's the original window from the mid 80's, and I have too much noise coming in. The rest of the place I can deal with, but this is the master bedroom, and need it to be quieter.
One scenario is they yes, and tell me it has to be this window or that window, to maintain a certain aesthetic. I am fine with that.
The other scenario is they say no, and I do it anyway. If I buy from a legit manufacturer, have the work done by someone who is licensed and insured, and if the window looks really close to the original, what am I looking at?
Obviously, different HOAs will respond differently, but I would like to have some idea. Anyone have any like experience here?
I currently live in a HOA and had the windows replaced a few years ago. Did not bother to have them approved and the contractor matched them in style and color. When we redid our roof, the contractor wouldn't begin until the shingles were approved, so bravo to them. Our front door was also replaced, wrong style and color. The way our HOA works is they won't say or do anything until you try sell as long as any what-ever it is you did is sensible.
The truth is, what your HOA says is what you are going to do (or not do). You have little recourse for action as you should've read the CC&R before you signed and bought the house.
Quote:
Originally Posted by riffwraith
Thx.
I have the doc, but it is not searchable, as it is not an original, but scanned.
Playing with fire... really? lol Why would there be such an outrage? I haven't committed a crime against humanity. I have changed a window. I have beared the cost, the work was done by a pro, and the new window looks the same as the old to the point where you can't tell the diff from less than 5 ft away. I understand why there are rules, but do HOA people really get that anal about something like that?
HOAs exist for many reasons, some good some bad. One reason, though, is to help protect property values. I don't necessarily like my HOA but I do like that my neighbors cannot paint their homes in hot pink zebra stripes or leave derelict vehicles in their front yards. It's also nice they will shovel and plow snow.
I am a reluctant board member that is self run. Why reluctant? No one will step up to volunteer. At a recent attempt at an annual meeting (no quorum) we (BOD members) told the members there, we were done and seeking bids for professional membership. It got the predictable reaction, but only two people stepped forward willing to help. (And they both had served many years ago for several years, so same few stepping up). We are done - it's going to be interesting as we hear the same complaints at every meeting: pets, parking and garbage. Everyone has an opinion about what is being done wrong, but ask them to step forward, they scatter.
I moved into this 117 TH community just as we were coming out of our "great recession." During the hard times, the BOD ruled with a light hand, knowing many of their residents were suffering financially. So, ACC enforcement was somewhat lax. Fines for late payments were lifted and only the serious of the most serious ACC violations were enforced.
Many of the flippers could care less about ACC rules and put Victorian doors in a Colonial neighborhood. Other neighbors liked the doors and put them in and before we knew it (I was not on the BOD yet) we had 20 doors out of compliance. So as a community we got together and the solution was the doors can stay, but when they reach the end of their effective life and require replacement, a colonial-style door will go in.
Besides the doors, our other issue is each home has 2 guest parking passes that must be passed on at the time of resale.
I also am the person that handles HOA resale packages. This is where I learned docs sent out were edited or pages just plain missing.
Owners would request a resale package before their home hits the market. My response now is always the same. "I am happy to provide you with a package, but we would prefer to wait until you have a known buyer so we can control and document the flow of information. If you obtain your resale package without a buyer, before I will release figures to the title company, I will have to contact the selling agent for the buyer's email and independently verify receipt of the documents. The agents can also give me the addendum removing the HOA review contingency. Please understand I am a volunteer and will not chase the agent down, and remember, if you get the docs before a buyer is known, someone needs to follow up with me for that information. I require 72 business hours (the State gives me 14 days) to release information. Invariably, the title company will call me in a panic 24 to 48 hours prior to closing. I am happy to provide you with the documents, but you and your agent will be responsible for following up with me with additional information." And then I stick to my guns and refuse to put my full-time job on the back burner for an inconsiderate owner or agent.
My last HOA package/title instructions - we had a door violation (mentioned above) and is closing on 1/4/21. In this case, the buyer must acknowledge prior to closing they have read the door policy as voted on by the general membership and understand they are buying a home with a door violation. The buyer's agent had me on ignore and title was screaming we are closing on Monday! Finally got a response when they realized I wasn't budging without a signed acknowledgement. My process has put an end to the pleas of ignorance, but I feel like I have wrestled a gorilla to the ground.
And people want to know why I no longer wish to do this?
Typically a prospective buyer in an association is not that savvy. Basically what they want is copy of the Covenants, Bylaws, Rules & Regulations and a copy of the Budget. These things should be as easy as yes, give me an Email address and I will send you a copy.
The legal things (like an Estoppel, etc) can be properly done at a later time and there should be a charge from the HOA or the MC for doing this portion of it. Our MC charges $120.00 and keeps it. We, the BOD, have no work to do in the case of a sale. The MC handles it all.
At a recent attempt at an annual meeting (no quorum) we (BOD members) told the members there, we were done and seeking bids for professional membership. It got the predictable reaction, but only two people stepped forward willing to help. (And they both had served many years ago for several years, so same few stepping up). We are done - it's going to be interesting as we hear the same complaints at every meeting: pets, parking and garbage. Everyone has an opinion about what is being done wrong, but ask them to step forward, they scatter.
<snip>
I also am the person that handles HOA resale packages. This is where I learned docs sent out were edited or pages just plain missing.
I'm an HOA Board Secretary and had to laugh at your first paragraph- so true. They all object to spending more for services but nobody wants to do it for free.
Just out of curiosity- what's a "resale packet"? I always supply the title company with the Restrictions and the By-Laws as well as the amount of annual dues, when they're paid, and any amount the seller owes. They've never requested financials- we're a community of 42 freestanding homes so we're not maintaining a clubhouse, a swimming pool or any buildings. I then give the new owner a Welcome Packet with the same info and minutes of the last Annual Meeting. Fortunately we don't have any out-of-compliance issues such as your door situation.
My last HOA package/title instructions - we had a door violation (mentioned above) and is closing on 1/4/21. In this case, the buyer must acknowledge prior to closing they have read the door policy as voted on by the general membership and understand they are buying a home with a door violation. The buyer's agent had me on ignore and title was screaming we are closing on Monday! Finally got a response when they realized I wasn't budging without a signed acknowledgement. My process has put an end to the pleas of ignorance, but I feel like I have wrestled a gorilla to the ground.
And people want to know why I no longer wish to do this?
My favorite was when an owner who had already moved out of state calls me directly the business day before closing and wants an estoppel. She had violations that had not been resolved and was in arrears with her association dues.
There was a contractor at the property before the end of the day resolving the violations and her realtor made a cash deposit in our property management company's business account for the outstanding dues. They got their estoppel the next day, but paid roughly twice the going rate for having it rushed through.
I'm an HOA Board Secretary and had to laugh at your first paragraph- so true. They all object to spending more for services but nobody wants to do it for free.
Just out of curiosity- what's a "resale packet"? I always supply the title company with the Restrictions and the By-Laws as well as the amount of annual dues, when they're paid, and any amount the seller owes. They've never requested financials- we're a community of 42 freestanding homes so we're not maintaining a clubhouse, a swimming pool or any buildings. I then give the new owner a Welcome Packet with the same info and minutes of the last Annual Meeting. Fortunately we don't have any out-of-compliance issues such as your door situation.
In the State of VA, the HOA or their rep (MC) must provide the prospective buyer with required information. This is in addition to the CC&R, By-Laws and rules. On this page, the link for packages provided after July 2020 provides the entire list of the requirements.
In the State of VA, the HOA or their rep (MC) must provide the prospective buyer with required information. This is in addition to the CC&R, By-Laws and rules. On this page, the link for packages provided after July 2020 provides the entire list of the requirements.
The resale package is also required in Nevada. Its schedule and content is set by statute. Failure to supply it is grounds to end the contract. Note it has also become common for the HOA or its management company to use it as a profit center with somewhat outrageous pricing. The cost is paid by the seller.
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