HOA: "Not mandatory" in listing (Houston, Dallas: house, neighborhoods)

[eileen824]

Hello everyone - We are moving from a NY suburb where HOA's are minimally represented and are used to our property freedom. MY DH is very opposed to an HOA community, which restricts us greatly in the new development dominant DFW area. Anyway, most of the listings I look at state HOA"optional" or "not mandatory". If we choose not to join, do we still get governed by/ subjected to their rules? My DH does not want anyone to tell him where to plant a bush or what color the trim needs to be for example...

Thanks

[SugLandDAd]

I get it, I dont like the idea that my neighbors can have any say in what I do on my property either.

Just be careful, remember that, unlike New York, Houston has little or no zoning. In most cases HOAs are the only thing that prevents your neighbors from doing something ugly, offensive or problematic on their property.

Neighborhoods with strong, mandatory HOAs are typically the better neighborhoods that hold their value.

Also look at Deed Restrictions, which can offer some protections, but without an active HOA (and they are usually only active when mandatory) deed restrictions often are not enforced.

You are moving to a new place, with different rules, you want to think carefully before investing in a neighborhood.

[eileen824]

I agree! We are already looking at older, smaller homes in neighborhoods developed years ago....I am OK with taking the chance on a neighbor - you can't always judge a book by the cover - which is why it drives us crazy that people need an HOA to keep neighborhood value! (at lower price points)

We still want to avoid hoas it is very subjective sometimes what is "offensive" to HOA boards - that would bother us.....hopefully DFW metro will be better than Houston in that regard?

[LeagleEagleDFW]

Most of Texas in new or newer developments is subject to an HOA.

What exactly do you plan to do that might not fly? Are you planning on painting the house neon green?

[C24L]

Originally Posted by eileen824

I agree! We are already looking at older, smaller homes in neighborhoods developed years ago....I am OK with taking the chance on a neighbor - you can't always judge a book by the cover - which is why it drives us crazy that people need an HOA to keep neighborhood value! (at lower price points)

We still want to avoid hoas it is very subjective sometimes what is "offensive" to HOA boards - that would bother us.....hopefully DFW metro will be better than Houston in that regard?

I think there are a lot of HOAs in the Dallas/Fort Worth/Arlington Metro too or at least many of the nicer areas there are.

[joqua]

There are PLENTY of neighborhoods, both older and newer, that do NOT have HOAs. Deed restrictions are another matter and are imposed by the jurisdiction's governing authorities.

[Trainwreck20]

There are optional HOAs and you can decide not to 'opt in'. Some of these are one-way, or at least that is my understanding - once a property is in, it is always in (even after being sold). Others may allow you to enter/exit the HOA at any time or at least at the time of a sale. If you opt out of an optional HOA, it usually means you are deciding to forgo some amenities. Most often that means the neighborhood pool, but could also include a club house or other facilities.

Personally, I would rather not live in an HOA neighborhood; however, other parameters over-ran that requirement and I do live in one. Historically, it has been essentially 'dormant' but people moving in from areas with more active HOAs are trying to make it active, unfortunately.

[KathrynAragon]

HOAs vary GREATLY in scope and coverage - and cost. For instance, we live in a suburban development in northeast Texas and we have an HOA, but it only costs $125 a year and that's basically to cover the cost of keeping the common areas mowed and maintained. There are some restrictions on size of home, type of construction, and that sort of very common sense thing, but no restrictions on bushes, what color to paint your door, drapes, etc. The HOA rules were mainly put into place while the neighborhood was being built and it's all done now so there you have it.

So just ask for a copy of the HOA policies before you make an offer and see what you think.

[Trainwreck20]

Originally Posted by KathrynAragon

HOAs vary GREATLY in scope and coverage - and cost. For instance, we live in a suburban development in northeast Texas and we have an HOA, but it only costs $125 a year and that's basically to cover the cost of keeping the common areas mowed and maintained. There are some restrictions on size of home, type of construction, and that sort of very common sense thing, but no restrictions on bushes, what color to paint your door, drapes, etc. The HOA rules were mainly put into place while the neighborhood was being built and it's all done now so there you have it.

So just ask for a copy of the HOA policies before you make an offer and see what you think.

But beware, that is what ours was until recently - <$200 year which maintained common areas; however, most HOA documents allow for amendments and several have been added to ours (after 15 years) that, while not onerous, are inane, unnecessary, and pave the way to more amendments later. Amendments often do not require a homeowner vote or, if they do, may not require a majority.

[eileen824]

No, we don't plan on doing anything unusual, and are good neighbors. We would just rather not have to worry about an HOA that is "no big deal" turn into a pain, and $$$ depending on who's running it - our friends have had some horror stories, and I have read some on here - for example - we have two teenagers - both will have cars. We visited friends in FL where their HOA had issues with multiple cars out in the DRIVEWAY - forget the street!! That would be an issue for me as a new family - I would't want to start life in a new place feeling nervous about some rules I am not used to....