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Old 10-16-2009, 12:49 PM
 
9,470 posts, read 9,373,019 times
Reputation: 8178

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Quote:
Originally Posted by sheri257 View Post
I know this is an old debate but ... I'm just so PO'd right now.

I haven't been involved with HOA's for years and I swore that I would never do it again. However, I'm currently renting in a very nice neighorhood where there's an HOA. Because it is so nice and my bad experiences were so many years ago ... we decided to rethink our position and had pretty much settled on buying here (although we haven't, thankfully, bought anything yet).

Consequently, we decided to unload our stuff in storage from PODS, the well known storage people. They dropped off the POD in the driveway on Thursday and picked it up on Friday. It was always in our driveway ... it never blocked the street.

Even though the POD was there less than 24 hours, the HOA immediately fired off a letter to our landlord complaining about it. I mean ... these people must be overtly hostile ... waiting in the wings ready to pounce on anything. They never talked to us, they didn't even give it 24 hours ...

We don't have a right to unload storage items? Our landlord (who is not an HOA fan) told us that the HOA president is down the street and he's paid $10K a year to do this nonsense.

Whatever ... we won't be buying here now. It is, afterall, a buyers market with plenty of other places to go.

These morons can go harass someone else.
Your experience is a good example of why it's important to get a copy of the HOA Covenants and read them thoroughly BEFORE you buy or rent. That fine print can get you! I know PODS are in issue in some subdivisions.

 
Old 10-16-2009, 12:53 PM
 
Location: Central Texas
20,958 posts, read 45,404,950 times
Reputation: 24745
No, what I said was, "as that can mean anything from the mean old guy who turns in everyone to the HOA and goes around measuring the grass and who really needs to get a life to someone who works for the good of the downtrodden". You apparently chose to zero in on the former and totally ignore the latter, for reasons best known only to you, and you still haven't clarified what you meant by the original statement.

For what it's worth, given how many people participate in discussions here, I don't always know or remember the particulars of the life history of every person I'm discussing something with (don't even always look up to see who's doing the posting, come to that, as the topic is what's important to me) and if it seems pertinent and I don't, rather than pretend I do, I'll ask. That is all that happened here until you decided to get upset and take a offense at the question and make that the focus of the discussion rather than the problems or lack thereof with HOA's.

So, shall we get back on topic?
 
Old 10-16-2009, 12:58 PM
 
Location: Central Texas
20,958 posts, read 45,404,950 times
Reputation: 24745
Quote:
Originally Posted by staywarm2 View Post
Your experience is a good example of why it's important to get a copy of the HOA Covenants and read them thoroughly BEFORE you buy or rent. That fine print can get you! I know PODS are in issue in some subdivisions.
Absolutely. That's why I insist that buyers get and read the docs BEFORE they make an offer (as is strongly recommended, also, in the addendum pertaining to Homeowner's Associations in our contracts, even though some agents will say, "Oh, it's too much trouble to get those first, your buyer can read them after they've got a contract". Um, no).

HOA's are great for some, not so great for others, and some HOA's are great for some and not so great for others. It's really important to know what you're getting into. The OP clearly has the advantage of finding out while still renting that, yes, indeed, they still aren't for them.
 
Old 10-16-2009, 01:09 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,581,108 times
Reputation: 2201
Quote:
Originally Posted by TexasHorseLady View Post
Absolutely. That's why I insist that buyers get and read the docs BEFORE they make an offer (as is strongly recommended, also, in the addendum pertaining to Homeowner's Associations in our contracts, even though some agents will say, "Oh, it's too much trouble to get those first, your buyer can read them after they've got a contract". Um, no). ...
I guess these depends on your location. Here buyer is given 10 days to review after receiving the docs, with right to cancel if not acceptable. This is in addition to the right to cancel for any reason during inspection period.
 
Old 10-16-2009, 01:20 PM
 
Location: Central Texas
20,958 posts, read 45,404,950 times
Reputation: 24745
We have the ten day option period during which the buyer can cancel for any reason, and the buyer can withdraw within 7 days after receiving the docs, however, the buyer is then out the option fee if they've waited to read the docs until then. Plus, the seller has pulled the house off the market during that time, meaning possible lost opportunities for them.

It's not a huge deal for the listing agent to get the restrictions - heck, these days, a lot of them are available online, and if not the seller has a legal right to a copy by virtue of being a homeowner in the association. But you'd think I was asking some listing agents to pull their own teeth without virtue of anaesthesia.
 
Old 10-16-2009, 07:22 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,204,096 times
Reputation: 2661
Quote:
Originally Posted by TexasHorseLady View Post
No, what I said was, "as that can mean anything from the mean old guy who turns in everyone to the HOA and goes around measuring the grass and who really needs to get a life to someone who works for the good of the downtrodden". You apparently chose to zero in on the former and totally ignore the latter, for reasons best known only to you, and you still haven't clarified what you meant by the original statement.

For what it's worth, given how many people participate in discussions here, I don't always know or remember the particulars of the life history of every person I'm discussing something with (don't even always look up to see who's doing the posting, come to that, as the topic is what's important to me) and if it seems pertinent and I don't, rather than pretend I do, I'll ask. That is all that happened here until you decided to get upset and take a offense at the question and make that the focus of the discussion rather than the problems or lack thereof with HOA's.

So, shall we get back on topic?
It was 5 posts or so back from your initial attack and 11 from the one I objected to...So I think your mind is likely good for eleven posts in an interactive thread. Particularly when you are in attack mode. Then again maybe your mind is slipping? Perhaps that is why you are having problems with the plain meaning of words?

If I say neighbor I mean neighbor. If I want to say neighbor in an HOA I will say well..."neighbor in an HOA". You attempt to make issues by misunderstanding the plain words.

Be nice to get back on subject after we deal with the eddy current you deliberately created to obscure the issue...
 
Old 10-16-2009, 07:30 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,204,096 times
Reputation: 2661
Quote:
Originally Posted by rjrcm View Post
I guess these depends on your location. Here buyer is given 10 days to review after receiving the docs, with right to cancel if not acceptable. This is in addition to the right to cancel for any reason during inspection period.
I doubt it is in addition to...more likely separate from. They mostly end up running simultaneously here...though they don't have to.

Note that a set of docs can cost $100 to $250 and may well take ten days to get...and I am not even sure the HOA is required to produce them unless a contract is in place.

Note that they also have to be current...so the set held by your client won't work...not current.
 
Old 10-16-2009, 07:42 PM
 
Location: Central Texas
20,958 posts, read 45,404,950 times
Reputation: 24745
The first thing that a listing agent should do when taking a listing is make sure that the seller client (who by law has a right to a copy of the CURRENT requirements and restrictions) gets a copy if they do not already have one. (I've had extremely organized clients on occasion who have the ones they received when they purchased the home plus any updates, but that's rare.)

Laws vary by state, of course. However, if someone is selling a home in an HOA, they know they're going to have to produce these, so going ahead and getting a current copy is just part of the process of putting the home on the market.
 
Old 10-16-2009, 07:45 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,204,096 times
Reputation: 2661
Quote:
Originally Posted by TexasHorseLady View Post
The first thing that a listing agent should do when taking a listing is make sure that the seller client (who by law has a right to a copy of the CURRENT requirements and restrictions) gets a copy if they do not already have one. (I've had extremely organized clients on occasion who have the ones they received when they purchased the home plus any updates, but that's rare.)

Laws vary by state, of course. However, if someone is selling a home in an HOA, they know they're going to have to produce these, so going ahead and getting a current copy is just part of the process of putting the home on the market.

"Current copy" has only a thirty day life here...Then it is no longer current.
 
Old 10-16-2009, 11:33 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,581,108 times
Reputation: 2201
Quote:
Originally Posted by olecapt View Post
I doubt it is in addition to...more likely separate from. They mostly end up running simultaneously here...though they don't have to.

Note that a set of docs can cost $100 to $250 and may well take ten days to get...and I am not even sure the HOA is required to produce them unless a contract is in place.

Note that they also have to be current...so the set held by your client won't work...not current.
Yes, I did not mean literally "in addition to", perhaps poor choice of words. The two time periods run separately. We use an HOA addendum to specify the terms.

After re-reading it, I mis-spoke about the 10 days. The Seller through the escrow company has 5 days to provide the Buyer's contact info to the HOA. By Arizona law, the HOA must provide specific documentation to the Buyer within 10 days of receiving the Seller's notice. Then the Buyer has 5 days to review after receipt and cancel if not acceptable.
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