What gives HOA's their authority?

[SunnyD]

I'm kindof curious how the racketeering extortionists... err... I mean home owners associations get the authority to do what they do. I mean basically, the land isn't its own municipality.

Other than the contract your are forced to sign if you want to purchase in a "community", where do HOA's derive their authority? They aren't the land owners once the land is sold, nor do they retain any sort of lien. So how exactly can they force someone into even signing the contract as a purchase stipulation in the first place?

 

[JRich]

Hedge clippers and duct tape.

 

[LegendKiller]

Originally posted by: SunnyD
I'm kindof curious how the racketeering extortionists... err... I mean home owners associations get the authority to do what they do. I mean basically, the land isn't its own municipality.

Other than the contract your are forced to sign if you want to purchase in a "community", where do HOA's derive their authority? They aren't the land owners once the land is sold, nor do they retain any sort of lien. So how exactly can they force someone into even signing the contract as a purchase stipulation in the first place?

Sometimes they can be good, sometimes they can be bad. Their power is usually derived from the fact you have to sign when you buy the property. I am not sure of the entire structure.

They don't have a lien on the property but they can get one easily if you refuse to pay the bills.

 

[sygyzy]

You answered it yourself. You joined the HOA in order to live there. Now you have to play by their rules.

 

[AmigaMan]

Originally posted by: sygyzy
You answered it yourself. You joined the HOA in order to live there. Now you have to play by their rules.

but who says you have to join it? What legal right do they have to force me to join their association?

 

[RKS]

Originally posted by: AmigaMan

Originally posted by: sygyzy
You answered it yourself. You joined the HOA in order to live there. Now you have to play by their rules.

but who says you have to join it? What legal right do they have to force me to join their association?

read your deed.

 

[sygyzy]

You have to join it because they are the HA that runs your neighborhood.

 

[silverpig]

Originally posted by: RKS

Originally posted by: AmigaMan

Originally posted by: sygyzy
You answered it yourself. You joined the HOA in order to live there. Now you have to play by their rules.

but who says you have to join it? What legal right do they have to force me to join their association?

read your deed.

But why is it in the deed? That's what he's trying to ask. It's obvious that if he signs a contract when he buys the place that allows the HOA authority, then that's where they get it from, but where do they get the authority to put that in the contract?

 

[Ns1]

Originally posted by: silverpig

Originally posted by: RKS

Originally posted by: AmigaMan

Originally posted by: sygyzy
You answered it yourself. You joined the HOA in order to live there. Now you have to play by their rules.

but who says you have to join it? What legal right do they have to force me to join their association?

read your deed.

But why is it in the deed? That's what he's trying to ask. It's obvious that if he signs a contract when he buys the place that allows the HOA authority, then that's where they get it from, but where do they get the authority to put that in the contract?

because there's communal property that needs to be managed. By joining a community with an HOA, that infers that there are common areas - walkways, halls, parks, tennis courts, etc, etc, etc, that technically YOU OWN A PIECE OF (this is for most condo/townhouse situations). The HOA is there to manage your property so it doesn't turn into garbage.

 

[BoomerD]

Because, when the sub-division was established, it was probabaly written into the CC&R's. Those can cover a wide range of things, from requiring you to belong to and pay dues to the HOA, to restricting you from working on a car in your driveway, the number of cars you're allowed to have at one residence, even the length of your lawn...HOA's may serve a good purpose, but IMO, all too often, they get out of control...and the "officers" of the HOA get power-happy...

 

[RKS]

I think the way it works is that a developer buys a plot of land. I'm not sure if the township/city in question has the land already set aside as a PUD (Planned Urban Developement).
Basically when the land is developed, the developer submits the HOA Articles of Formation? to the city planning commission/city enginerd.
The Articles contain the HOA details/rules and all deeds for the land in question reference these articles so whenever there is a transfer the HOA lives on.

edit: forgot about the Covenants and Restictions (thanks BoomerD)

 

[RKS]

Originally posted by: BoomerD
Because, when the sub-division was established, it was probabaly written into the CC&R's. Those can cover a wide range of things, from requiring you to belong to and pay dues to the HOA, to restricting you from working on a car in your driveway, the number of cars you're allowed to have at one residence, even the length of your lawn...HOA's may serve a good purpose, but IMO, all too often, they get out of control...and the "officers" of the HOA get power-happy...

Our HOA threatened us with a $50 fine because our mailbox was not black enough. 😀

 

[b0mbrman]

Originally posted by: SunnyD
I'm kindof curious how the racketeering extortionists... err... I mean home owners associations get the authority to do what they do. I mean basically, the land isn't its own municipality.

Other than the contract your are forced to sign if you want to purchase in a "community", where do HOA's derive their authority? They aren't the land owners once the land is sold, nor do they retain any sort of lien. So how exactly can they force someone into even signing the contract as a purchase stipulation in the first place?

Key words are in bold. They get their power from contract law enforcing a contract you voluntarily signed.

 

[Ns1]

Man I have no idea wtf you guys are talking about so I assume HOA's are different depending on what type of property you're on?

If you buy a condo/townhouse then you own a piece of all the common areas - hallways, elevators, pool, etc etc etc. The HOA is established to maintain said property.

no idea about all the other things you guys are talking about. Of course, this is how it "should" work, the realities of it may be much different.

 

[vi edit]

It's a clearly stated contract that is agreed upon by the original buyer of the ground and it's passed down to subsequent owners of the property. If I own 100 acres of ground and want to sell it off I can write in the contract that I don't want there to be any pink barns on the property and your driveway has to be made of marble. If you sign the papers agreeing to that when you purchase you are obligated to uphold it.

A city is typically going to stand by the HOA rules because it's a mutually beneficial relationship. Communities with HOA's typically are usually better maintained, they keep out a lot of riff raff, and the property values usually are more solid (more tax $$). They'll stand behind the HOA rules before they agree with you.

 

[RKS]

Originally posted by: NeuroSynapsis
Man I have no idea wtf you guys are talking about so I assume HOA's are different depending on what type of property you're on?

If you buy a condo/townhouse then you own a piece of all the common areas - hallways, elevators, pool, etc etc etc. The HOA is established to maintain said property.

no idea about all the other things you guys are talking about. Of course, this is how it "should" work, the realities of it may be much different.

Our HOA maintains the trails around the neighborhood as well as the pools and tennis courts. The also establish rules regarding mailboxes, landscaping, fences, etc.

 

[Passions]

Originally posted by: RKS

Originally posted by: BoomerD
Because, when the sub-division was established, it was probabaly written into the CC&R's. Those can cover a wide range of things, from requiring you to belong to and pay dues to the HOA, to restricting you from working on a car in your driveway, the number of cars you're allowed to have at one residence, even the length of your lawn...HOA's may serve a good purpose, but IMO, all too often, they get out of control...and the "officers" of the HOA get power-happy...

Our HOA threatened us with a $50 fine because our mailbox was not black enough. 😀

bwahahahaha that's a good one! Down with HOAs!

 

[BoberFett]

Originally posted by: RKS
Our HOA threatened us with a $50 fine because our mailbox was not black enough. 😀

It's like, how much more black could this be? And the answer is none. None more black.

 

[BrokenVisage]

What gives you the right to question what gives HOAs their authority!? Well?!

 

[CrystalBay]

Join your HOA and try to be president of it. Then maybe you can change some the bylaws and find cheaper maintenance bids.

I always thought the exterior maintaining was the HOA's responsibility.



EDIT
It must not be a condo community so you must also do your own exterior maintenance .

 

[SunnyD]

Originally posted by: b0mbrman

Originally posted by: SunnyD
I'm kindof curious how the racketeering extortionists... err... I mean home owners associations get the authority to do what they do. I mean basically, the land isn't its own municipality.

Other than the contract your are forced to sign if you want to purchase in a "community", where do HOA's derive their authority? They aren't the land owners once the land is sold, nor do they retain any sort of lien. So how exactly can they force someone into even signing the contract as a purchase stipulation in the first place?

Key words are in bold. They get their power from contract law enforcing a contract you voluntarily signed.

That's obvious sherlock. But what's to stop you from not signing the HOA contract yet still buying the land?

My question was answered by wiki though, it's actually a deed rider that you sign... which in my opinion should be removable on ANY piece of land.

 

[chusteczka]

Originally posted by: BoberFett

Originally posted by: RKS
Our HOA threatened us with a $50 fine because our mailbox was not black enough. 😀

It's like, how much more black could this be? And the answer is ...

blackity-black

 

[b0mbrman]

Originally posted by: SunnyD

Originally posted by: b0mbrman

Originally posted by: SunnyD
I'm kindof curious how the racketeering extortionists... err... I mean home owners associations get the authority to do what they do. I mean basically, the land isn't its own municipality.

Other than the contract your are forced to sign if you want to purchase in a "community", where do HOA's derive their authority? They aren't the land owners once the land is sold, nor do they retain any sort of lien. So how exactly can they force someone into even signing the contract as a purchase stipulation in the first place?

Key words are in bold. They get their power from contract law enforcing a contract you voluntarily signed.

That's obvious sherlock. But what's to stop you from not signing the HOA contract yet still buying the land?

My question was answered by wiki though, it's actually a deed rider that you sign... which in my opinion should be removable on ANY piece of land.

Sorry. You sounded pretty angry at something where you definitely had a choice...as if you were entitled to something

 

[Linflas]

Originally posted by: b0mbrman

Originally posted by: SunnyD

Originally posted by: b0mbrman

Originally posted by: SunnyD
I'm kindof curious how the racketeering extortionists... err... I mean home owners associations get the authority to do what they do. I mean basically, the land isn't its own municipality.

Other than the contract your are forced to sign if you want to purchase in a "community", where do HOA's derive their authority? They aren't the land owners once the land is sold, nor do they retain any sort of lien. So how exactly can they force someone into even signing the contract as a purchase stipulation in the first place?

Key words are in bold. They get their power from contract law enforcing a contract you voluntarily signed.

That's obvious sherlock. But what's to stop you from not signing the HOA contract yet still buying the land?

My question was answered by wiki though, it's actually a deed rider that you sign... which in my opinion should be removable on ANY piece of land.

Sorry. You sounded pretty angry at something where you definitely had a choice...as if you were entitled to something

Your so called choice is an illusion. In this area every development built since the late 1970's comes with an HOA. There are few choices left if you don't want to sign an HOA agreement unless you give up on the idea of owning your own home or have enough cash to buy a piece of land and build your own home.

 

[everman]

They're like the mob... or worse, they're like real estate agents.