Homeowners Associations

I never really much cared for homeowners associations in the first place, and I've been thinking...are they legally binding? Are they part of the contract you sign when you buy your home? Also, have they been challenged in court should a person that is moving in not wish to join them? I'll probably be looking to move into some place with my brother after I graduate, and more than likely its going to be in the plainfield area, which I know has many of these associations...just wondering about them.
 

JoLLyRoGer

Diamond Member
Aug 24, 2000
4,153
4
81
Um... yes and if you don't pay, don't sweep your sidewalk, don't keep you grass under 1 1/2", edge your driveway, park you car IN the garage, paint your house the right colors (the same as everyone else), and get rid of that RV they can sell your house right out from under you.

It's goddamn sanctioned extortion!

Homeowners assocations SUCK!
 

kranky

Elite Member
Oct 9, 1999
21,019
156
106
My parents moved to a place with an HOA and ended up spending $50,000 in legal fees to save their house. The final ruling was in their favor, but the cost was astronomical.

So I'd say yes, they are legally binding, but you can take the HOA to court if they screw with you.

Read this.

 

DeadByDawn

Platinum Member
Dec 22, 2003
2,349
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I'd never move into one of those myself. I guess some people must like them, otherwise they wouldn't exist.
 

markgm

Diamond Member
Aug 23, 2001
3,291
2
81
I'm moving into a place with a HOA. It' pretty reasonable though, you can work on your car, just not for longer than a day, etc. In CT you can disband the association if a majority (not sure if it is 51% or 66% or some other majority) vote to abolish it which is kinda cool. Since I don't own the land around my house it lowers my property taxes a little, and I don't have to worry about snow removal nor am I responsible if someone cracks their head open in front of my house. They also do all the lawncare and landscaping.

You can either look at them from the view that "they keep you down" or from the view that "they keep where you live from turning into a ghetto."
 

nakedfrog

No Lifer
Apr 3, 2001
62,919
19,152
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Originally posted by: markgm
I'm moving into a place with a HOA. It' pretty reasonable though, you can work on your car, just not for longer than a day, etc. In CT you can disband the association if a majority (not sure if it is 51% or 66% or some other majority) vote to abolish it which is kinda cool. Since I don't own the land around my house it lowers my property taxes a little, and I don't have to worry about snow removal nor am I responsible if someone cracks their head open in front of my house. They also do all the lawncare and landscaping.

You can either look at them from the view that "they keep you down" or from the view that "they keep where you live from turning into a ghetto."

And how much per month do you have to pay them for all those services?
 

spacejamz

Lifer
Mar 31, 2003
10,971
1,679
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Originally posted by: DeadByDawn
I'd never move into one of those myself. I guess some people must like them, otherwise they wouldn't exist.

They do serve a purpose (keeping junked out cars on cinderblocks out of the neighborhood, making sure your next door neighbor doesn't paint their house pink, deal with neigbors who don't mow their lawns, etc)...there is flipside to this as some limit what kind of shingles you put on your roof, what color you can paint your siding, grass taller than 'nn' of inches, etc...

don't get me wrong, there some HOA's that abuse their power and can be @sses, but if the rules are spelled out, it is your choice to agree with them or find another place to live..

also, selling your house for unpaid HOA fees is ridiculous as well (but I am sure each HOA has their own policy on collecting unpaid fees though)...

 

Linflas

Lifer
Jan 30, 2001
15,395
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Originally posted by: DeadByDawn
I'd never move into one of those myself. I guess some people must like them, otherwise they wouldn't exist.

It is nearly impossible to find a development here that does not have one. About the only way to do it is find a house built prior to roughly 1975.
 

QueBert

Lifer
Jan 6, 2002
22,982
1,179
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They SUCK, they can impose sh!t whenever they wish *apparently* my GF lives in Condo's.

They claimed she left a bag of trash outside the dumpster and didn't put it in = $75 dollar fine. They had no proof other then a pic they took, but nobody saw her not put it in the trash.

She had to pay 1,000 to fix the roof, only thing is, it wasn't her roof. It was somebodies elses roof. Apparently everyone "chips in" when there's expensis like this. They didn't give her an option to pay or not, and they didn't tell her until last month. So, she had about a month notice. And this comes out of the fee's, so like the trash insident she'll be automatically charged.

They recently imposed a lew rule you can't have a truck over a certain length. So all the people who live there, and have bigger, Dullie(sp?) work trucks are screwed. Her neighbor got his truck towed, they left a warning notice on the truck one morning, and towed it 2 hours later *He never saw the notice*

I hate the idea of living somewhere that has it's own laws basically. And from watching my GF do it, fighting with them is a pain in the arse, yes you can get charges reversed and what not. But it requires a lot of time and effort.
 

gigapet

Lifer
Aug 9, 2001
10,005
0
76
just bought a condo in farmington, ct

$289/mo in HOA

includes access to 4 pools 2 of which are heated.

landscaping/ snow and trash removal

any repairs need to extorior of condo.

4 tennis courts

access to a large stocked fishing pond/brook thing

24 hour gated security

there are a lot of rules most of which will have no effect on me so long as I am not obnoxiouslky loud all the time.
 

mugs

Lifer
Apr 29, 2003
48,920
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Originally posted by: spacejamz
Originally posted by: DeadByDawn
I'd never move into one of those myself. I guess some people must like them, otherwise they wouldn't exist.

They do serve a purpose (keeping junked out cars on cinderblocks out of the neighborhood, making sure your next door neighbor doesn't paint their house pink, deal with neigbors who don't mow their lawns, etc)...there is flipside to this as some limit what kind of shingles you put on your roof, what color you can paint your siding, grass taller than 'nn' of inches, etc...

don't get me wrong, there some HOA's that abuse their power and can be @sses, but if the rules are spelled out, it is your choice to agree with them or find another place to live..

also, selling your house for unpaid HOA fees is ridiculous as well (but I am sure each HOA has their own policy on collecting unpaid fees though)...

What would bother me is that they can change the rules after you move in, at least that's how I understand it. It's not exactly convenient (or cheap) to sell your house because you don't like the rules they added AFTER you move in. And some of the rules I've heard of are IMO pretty ridiculous, and it amazes me that people are willing to live with them.

I'd prefer not to have a HOA, but then I'd prefer not to live in a cookie cutter development where they tend to thrive.
 
Jan 18, 2001
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i should post a picture of the house down the street....its a great example of why a HOA might be a good idea...

its got a nice new coat of marine aqua blue green paint! yay, its so festive!

 

Linflas

Lifer
Jan 30, 2001
15,395
78
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Originally posted by: spacejamz
Originally posted by: DeadByDawn
I'd never move into one of those myself. I guess some people must like them, otherwise they wouldn't exist.

They do serve a purpose (keeping junked out cars on cinderblocks out of the neighborhood, making sure your next door neighbor doesn't paint their house pink, deal with neigbors who don't mow their lawns, etc)...there is flipside to this as some limit what kind of shingles you put on your roof, what color you can paint your siding, grass taller than 'nn' of inches, etc...

don't get me wrong, there some HOA's that abuse their power and can be @sses, but if the rules are spelled out, it is your choice to agree with them or find another place to live..

also, selling your house for unpaid HOA fees is ridiculous as well (but I am sure each HOA has their own policy on collecting unpaid fees though)...

Junked cars - local ordinances can deal with this problem
Unmowed lawns - again local ordinances can deal with this
Painting house pink - As distasteful as I find that prospect I don't pay my neighbors mortgage so it is really his business what color to paint his house.

The problem I have with them is as I mentioned in a previous post it is virtually impossible to find a house where I live not covered by one of them.
 

shud

Golden Member
Mar 24, 2003
1,200
0
0
I refuse to be a part of a HOA as I want to live my lifelong dream of turning my front yard into a swimming pool/basketball court hybrid.
 

Demon-Xanth

Lifer
Feb 15, 2000
20,551
2
81
My area has a homeowners association. All they do is maintain the roads though. Nothing else. The fees for the road are taken out as taxes because we are in a setup with the county called a "Zone of Benefit". When we paved the road, we had an easy 2/3rds majority. One person, did not want it paved. She took the area to court to try to actually get the roads torn up. Turned out, all that was needed was 50%. That was a short court case.

Another person complained to the homeowners association about someone parking trucks on thier property, and they can see them from thier house. They lived on the top of the hill, the guy with trucks down the opposite hill. The lots are 5+ acres. Nothing happened from that one.

Not all HOAs are bad. But some are just people wanting to have thier vision of a perfect neighborhood. There's one set of townhouses, which I thought as a kid was just some kind of storage place. I never saw any signs of life. Still never do. All yards are grass and nothing else. All blinds are a certain color and style, have to remain closed. No guest parking. No parking in the driveway. Doors can only be open for no more than 2 minutes at a time. It's depressing. Another area that boarders ours with 3-20 acre lots states that you cannot do any woodworking, you can only have a white plank fence, and a bunch of other crap. I'd hate to live there.
 

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
Originally posted by: kranky
My parents moved to a place with an HOA and ended up spending $50,000 in legal fees to save their house. The final ruling was in their favor, but the cost was astronomical.

So I'd say yes, they are legally binding, but you can take the HOA to court if they screw with you.

Read this.


Sometimes the pettiness is more subtle. When one Virginia homeowner asked for permission to hang Christmas tree lights in 1992, the board didn't like the idea but didn't know how to prevent it. "We struggled with this one," says lawyer Benny Kass, who represented the association. "But we finally concluded that the restriction against hanging lights was valid because you were pounding nails into the wood, and that was a fire hazard." Ho-ho-ho.

I will never, ever live in a HOA. I will live the way i want to live, decorate my house as i want to decorate my house. houses in a HOA community are nothing more than condos. I bought my house to live in by my rules and not have a bunch of commie pinko bastards telling me how to live. Yes i know you sign a contract when you buy a house in a HOA community and i look at the fools who do sign the contract are fools and lazy home owners.
 

spacejamz

Lifer
Mar 31, 2003
10,971
1,679
126
Originally posted by: Medicine Bear
If I own the goddamned house just let someone try to come tell me what color I can or cannot paint it.

good luck with that...you might need if paint your house purple and your HOA is run by a bunch of @sshats...

do you know what rules they have in your HOA regarding this?
 

markgm

Diamond Member
Aug 23, 2001
3,291
2
81
Originally posted by: nakedfrog
Originally posted by: markgm
I'm moving into a place with a HOA. It' pretty reasonable though, you can work on your car, just not for longer than a day, etc. In CT you can disband the association if a majority (not sure if it is 51% or 66% or some other majority) vote to abolish it which is kinda cool. Since I don't own the land around my house it lowers my property taxes a little, and I don't have to worry about snow removal nor am I responsible if someone cracks their head open in front of my house. They also do all the lawncare and landscaping.

You can either look at them from the view that "they keep you down" or from the view that "they keep where you live from turning into a ghetto."

And how much per month do you have to pay them for all those services?

It's $90 or $160 a month. I have to look it up again, but I think $90.

 

Linflas

Lifer
Jan 30, 2001
15,395
78
91
Originally posted by: markgm
Originally posted by: nakedfrog
Originally posted by: markgm
I'm moving into a place with a HOA. It' pretty reasonable though, you can work on your car, just not for longer than a day, etc. In CT you can disband the association if a majority (not sure if it is 51% or 66% or some other majority) vote to abolish it which is kinda cool. Since I don't own the land around my house it lowers my property taxes a little, and I don't have to worry about snow removal nor am I responsible if someone cracks their head open in front of my house. They also do all the lawncare and landscaping.

You can either look at them from the view that "they keep you down" or from the view that "they keep where you live from turning into a ghetto."

And how much per month do you have to pay them for all those services?

It's $90 or $160 a month. I have to look it up again, but I think $90.

$117.00 per year for mine but my development is all single family homes with very little common ground.
 

stag3

Diamond Member
Feb 7, 2005
3,623
0
76
i lucked out and was able to find a place w/o HOA. but the places we were looking varied between 26 a mo to 300 a mo for HOA. insane !
 

TheAdvocate

Platinum Member
Mar 7, 2005
2,561
7
81
Originally posted by: Linflas
Junked cars - local ordinances can deal with this problem
Unmowed lawns - again local ordinances can deal with this
Painting house pink - As distasteful as I find that prospect I don't pay my neighbors mortgage so it is really his business what color to paint his house.

This assumes that the ordinances are enforced (the city/county always has better things to do), and completely overlooks the property value hit of these three issues (and others).

I have had the unfortunate experience of living in a subdivision without an HOA. One of the most miserable experiences of my life, and my wife and I took a huge financial hit to get the hell out of there.

Like anything else, it cuts both ways and is as much of a problem when it is overbearing as it is when it is nonexistant. That said, I prefer living where there's an HOA, as long as it doesn't require stuff that should be optional like pool/golf dues, etc.
 

NogginBoink

Diamond Member
Feb 17, 2002
5,322
0
0
Not all HOA's are draconian. You hear about the bad ones in the news, the good ones go by unnoticed.

Yes, some HOA's are run by small minded people whose only source of power is to say 'no'. But many HOA's are there to make quality of life better for their residents. Without my HOA I wouldn't have community swimming pools in my neighborhood and the kids wouldn't be playing soccer on groomed fields.

Those of you swearing off living in neighborhoods with HOA's aren't paying attention to the benefits that many homeowners get from the HOA.