Fighting my Home associations

[edDV]

Lordsmurf,

You miss the picture here the fact of the matter is the exterior dwelling is part of the Association. So if you paid a $100,000 then you paid for the air space and the interior walls. ....

Sounds like you are describing a condo situation and for that you are correct. Many home subdivisions have zoning laws and those must be followed. Others have neighborhood associations of variable legal status.

The latter tend to be run by petty cliques that can be challenged and often back off. First research your situation and FCC case studies. Talk to those in control and attempt a compromise. Other options,

- A $50 letter from a lawyer can scare them off if you have grounds.
- You can run for association office.
- Enlist help from a local media consumer help line. It is in their interest that you have an antenna.

[TheFamilyMan]

I'm glad that you got some satisfaction jntaylor63. Home owner associations really piss me off. My dad lived in a neighborhood with an IRON CLAD HOA. They dictated the color of his house, his landscaping, the color and type of window coverings (drapes, etc.), the style/size of the fence, where you could park you car, what you could have/do in you drive way, and probably a phone book's worth of other regulations. Sure it looked "nice", like a perfect, surreal ghost town where there were only houses and no people. Man, I love my neighborhood: I got our travel trailer in our driveway; my neighbor's kid works on a hot rod mustang he's restoring in his driveway; other neighbors also got boats and campers; antennas of all sorts here and there and NO ONE COMPLAINS. It looks like people live here. I know all my immediate neighbors, we have parties together. Other neighbors I don't really know too well nod or wave as I drive by. I never saw any of this in my dad's neighborhood. HOAs are not about being neighborly, they are about "preserving value". Hell, what do we really value in this country (USA)?

[SCDVD]

One of the biggest problems with Home Owners Associations is that the Board of Directors is run by social mutants who are real nut cases often times. They are the neighborhood busybody type who relish the problems they create. People with busy and productive lives are too busy to play director on a HOA. So its a situation where only the bored troublemakers have any interest in "serving" on the HOA to start with. There is no limit to the "recreational harange" these idiots will try to inflict on the home owners. It reaches the point that you have to apply for permission to fart in your own house!

[dun4cheap]

SCDV,

Actually it goes back to the old saying "You get what you put in to it"

Most homeowners don't care to be involved and they usually get upset when other people are not following the rules, but they don't care to get involved still but when they are issued a violation its the old catty crap "Why didn't you write my neighbor up, he is always double parked".

Honestly an HOA just brings out the bratty kid in adults.

The funny thing is, nobody was strong armed and forced to purchase a home in an HOA. However, they feel the rules apply to everyone but themselves. Its a common problem.

More interesting is when HOA dues are increased. Then everyone shows up to the annual meeting to complain about it because they don't understand it. Then the next meeting your back down to 5 people showing up out of 550 homeowners.

I live in an HOA, a common call here is this. Why did I get a violation for my carport nothing is wrong with it! He was told that the HOA has a picture showing 20 cans of paint and flammable items. (99% Of people in this world will lie to get themselves out of trouble, but a picture sais a thousand words! Worse of all when a resident is caught in a lie then their attitude changes) So his attitude changed to well the landscapers don't do a good job sweeping and I pay good money for them to sweep. I am going to take a picture of it and take it to the next board meeting.

Perspective:

Only 8% of the total budget goes to landscaping 75 acres consisting of 550 units. 45 acres is landscaping with over 3000 trees and thousands of shrubbs, plus quite a few (1000's of sprinklers, valves, timers, mains, smr, back flows etc)

So approximately $11,000 per month is put in to the landscaping budget which is less than $22 per homeowner per month. Lets not forget that due to work comp restrictions trees over 16' tall need to be trimmed by a tree contractor (440 trees which $20,000 a year will take care of half of them)

With 7 full time landscapers and 1 foreman/irrigation specialists it takes 2 days to completely mow all the lawns and with an $11,000 budget this means approximately $7.50 per hour for each worker which does not even include workmans comp. (BTW the minimum costs for outside contracting which does not include a irrigation specialists is $19,000 per month)

THE AVERAGE SINGLE FAMILY HOME WITH SIMILIAR SIZE LANDSCAPE PAYS $50-$100 WEEKLY SERVICE WHICH AMOUNTS TO 4 HOURS TOTAL LABOR A MONTH AND EQUALS TO $200-$400 A MONTH JUST FOR LANDSCAPING.

Bottom line I think HOA's should be done away with, but the problem with that is most neighborhoods would look run down after 30 years. Most people who buy houses buy into them and can barely make the mortgage let alone plan for the future repairs. Most roofs cost in the upward bounds of $10,000 to replace. Do you really think the average Joe saves that up in 20-30 years to pay for a new roof. Nope not in the US, they bought the boat, camper or new computers through the years. Total in the savings $500 OUCH!.

Another thing to think of is what is proper maintenance which most people don't do:

Wooden eves, fences and eves usually need to be repaired and painted every five years.

Stucco on average needs repairs, painting, patching every 10-12 years.

Cement sidewalks, decks and drives need repairs and trip and fall hazards need looking after. Pool decks get etched and need repair every 7-10 years, plus replastering.


What makes up and Association: An association is made up of its members. Members in an HOA are unit owners whom usually all share an interest in the overall project. (Take Pride in your home)

RULES AND REGULATIONS: Who made them, well thats a stupid question, the members made them. (And Your a Member, and if you didn't make them you agreed to them when you moved in, go figure)

Have your attorney write a letter: And for getting an attorney to write a letter and scare them, well thats about the dumbest thing I have ever heard. Suing the Association, you had just as well as sue yourself. If the management company didn't do their homework and then let you slide, you had better be concerned about your home investment, because when there is a valid Law Suit that comes along and your Association is not protected by decent management kiss your house goodbye, or be prepared to have some special assessments to pay for the NEW HIGH LIABILITY INSURANCE.


Satelite Dish: The Association has to let you install one, but they can decide where and how it is installed. Bottom line, that is in compliance with the FCC and the Davis Sterling ACT. It is clearly outlined that the Association can enforce reasonable restrictions. (They can't stop you from puting it in, but if they tell you it has to be in the patio area and the cables CANNOT run around the building this is all reasonable.)

Litigation and Attorneys Who Really Pay: Your attorney writes a letter to the association, it has to be addressed to the board and associaton attorney. Then the Associations attorney will consult with the Board and then reply to the homeowner. If the homeowner does not comply then the Association will apply the costs of the attorney to the homeowners assessments. The attorney will also persue legal action. Lets not forget that by law IDR and ADR is is required before you can even think of going to court. BTW filing a lawsuit no matter how small or large the amount is will have a direct impact on the property values. It will really effect any homeowners selling, refinancig and of course potential homeowners interest in buying in the HOA. (DOMINO EFFECT)

Stress, aggravation and little sleep: The board will sleep well along with the HOA attorney. However, you will be aggravated and lose sleep and of course money.

I am not saying that there is not a line to where you have no choice but to get legal help. What I am saying is stop bitching about the rules. If you don't like them then either move, or join the board which is a joke, (Nothing like joining something that is suppose to serve the whole community because YOU have a personal agenda!). Remember everyone has an ass hole, it does not mean you have to be one.

I have seen some really good board members that put 100% heart in to the job, and I have seen members with personal agendas. The personal agenda's is what puts an association at risk. Unfortunately being on an HOA board or working as a property manager has little rewards. The only rewards are the quiet months, that means the homeowners are happy. The only time you usually see a homeowner is when they have something to complain about because usually they were effected by a rule. One other thing, I have seen some really nice homeowners, I have also seen the devilish ones as well.


CLASSIC EXAMPLE:

Good neighbor, bad neighbor to often a problem.