MCAdventures
member
Posts: 98
Loc: East Allen #1
Reg: 08-06-04
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09-27-09 01:42 AM - Post#95977
I was curious how HOA rules are enforced and how the rules involved come about. What can be included or even excluded from HOA rules, and are they called "rules"?
It's my understanding that my small neighborhood actually has HOA rules they just are not enforced and there is not an active HOA "board"(?)...
Anyone?
Be who you are and say what you feel
because those that mind don't matter
and those that matter don't mind.
Dr. Seuss |
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chf
enthusiast
Posts: 493
Loc: NW Allen
Reg: 12-22-07
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09-27-09 01:44 PM - Post#95983
In response to MCAdventures
Generally, HOA rules are part of the overall HOA covenants that you agreed to and signed when you bought your house. Since they are based on the contract and not city ordinances, pretty much anything can be included in the rules (though there are exceptions where laws or regulations have been passed to eliminate some restrictions - for example, a HOA can't have a rule against someone from putting up a TV antenna or satellite dish that is 1 meter or smaller in size). Enforcement of the rules is up to the board of the HOA - some HOAs are very lax, others are picky to the extreme. In new subdivisions, the builder(s) usually control the HOA board until a certain percentage of the homes in the subdivision are sold.
Enforcement of HOA rules normally takes the form of warnings and fines. Failure to pay fines and dues can result in a lien being placed against the house, and (in Texas) can ultimately result in foreclosure proceedings. Though, generally, it has to be a pretty bad situation for a HOA to foreclose, because the last thing a HOA board wants to deal with is owning a foreclosed home. Most are content to file a lien and wait for the owner to try to sell the house.
You will probably get a lot of replies about how bad HOAs are to homeowners, and there have been several publicized cases of ridiculous HOA rules and actions. For me, however, the benefits of a HOA outweigh the negatives, as long as it is well run with input from a large number of homeowners.
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Aolain
enthusiast
Posts: 1194
Reg: 11-13-06
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09-28-09 08:39 AM - Post#96008
In response to MCAdventures
Lots of folks most likely like HOAs. I am not here to bash them, but we had a bad experience with our's when we lived in Dallas.
After some seemingly arbitrary actions of the Board, we contacted an attorney and, as I remember, and this was in 2002, we discovered the following.
1) When you sign a HOA contract you are bound by the contract....and any changes the Board makes to that contract are binding upon you as well. In other words, the contract binds you, not the Board--they can modify the conditions of the contract at will. Thus, by signing a HOA contract in Texas, you give others complete power to do whatever they want re: your property.
2) The board can increase fees as it sees fit. You have no recourse. If they want, they can jack up dues to $100,000 per month if they want, and once they run folks out, take the property and drop the dues back down.
3) Boards can be good, or they can be bad. Our particular board tried to ram through the following rule: If you sold your property, prior to the closing the Board had to give its "ok" to sell. They were concerned that "the wrong sort" would move into the area. This scheme narrowly failed...and only because the HOA attorney strongly advised against it. Had this gone through, think about the power they would have over you.
My wife and I will never join a HOA again because of the potential power they hold over you and your property.
This is not to say that there are not many great HOAs, or that HOAs do not provide wonderful benefits to its members.
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phantomcobra
enthusiast
Posts: 1408
Loc: Between Canada and Mexico...
Reg: 06-18-02
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10-01-09 07:42 AM - Post#96292
In response to Aolain
<an easy post to highjack!! >
I agree they can be a good thing. But since the contract binds you and not the members, I won't join one either. You may like the HOA you get when you buy the house. But what happens when the board changes over the course of a 30 year mortgage and it is no longer "nice"? I'm not into my home becoming someplace I don't want to go to. It may never happen but the risk of it happening just once is enough for me to stay out. The problems could be too expensive for my little budget.
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vrs
enthusiast
Posts: 2632
Loc: Allen, Texas
Reg: 04-20-00
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10-01-09 09:20 AM - Post#96306
In response to phantomcobra
It is puzzling to me how people talk about their HOA's as if they are not part of them. It is like any other governing body - if you don't like the way it is going, then you need to find likeminded neighbors and participate in the process and redirect.
In many municipalities (including Allen) new residential development is required to have an HOA - so if you want a new house for whatever reason then the option of not living in an HOA neighborhood isn't available.
In other words, the choice is not HOA or non-HOA, it is new construction or something older. Still - it is a choice.
| Blessed be the cracked, for they let in the light. |
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Joe Schirmer
enthusiast
Posts: 1325
Loc: SE Allen
Reg: 06-30-08
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10-01-09 10:05 AM - Post#96315
In response to vrs
In many municipalities (including Allen) new residential development is required to have an HOA - so if you want a new house for whatever reason then the option of not living in an HOA neighborhood isn't available.
I think you've made a good case for buying an older house if it means you can avoid the HOA insanity.
Now if the state government can ever get it's act together and do something about the insane amount of power these HOAs have then maybe they wouldn't be so bad.
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campbellfam
enthusiast
Posts: 1849
Loc: Allen, TX, USA
Reg: 07-12-02
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10-01-09 10:18 AM - Post#96318
In response to vrs
if you don't like the way it is going, then you need to find likeminded neighbors and participate in the process and redirect.
This is not as easy as it sounds. Most contracts have very precise verbage about how to remove a rule or board member and you can't do it without the board member/s knowing you're doing it. This opens you and anyone with you open to all kinds of retribution and ugliness. And Lord help you if you lose!!
| Unless specified above, this post is not directed toward anyone in particular. |
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Al C
enthusiast
Posts: 5538
Loc: McKinney/Allen, TX
Reg: 02-16-01
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10-01-09 10:58 AM - Post#96344
In response to Joe Schirmer
My HOA sent me a notice the other day about an improperly stored portable basketball goal. I don't own one. I e-mailed them about it and they responded with "you have grass in your flower bed."
My HOA dollars at work.
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vrs
enthusiast
Posts: 2632
Loc: Allen, Texas
Reg: 04-20-00
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10-01-09 12:52 PM - Post#96361
In response to campbellfam
I wrote a long response to your post and then I deleted it.
The point is that there is a process for changing rules and most HOA Boards turn over 50% every year. Therefore it is easier to get a more favorable majority in a shorter time than it would take to turn over a school board or a city council or the county commissioner's court (hard for me not digress on that one) or a state or national legislative body.
In general, people ignore their HOA's until something impacts them personally rather than monitoring all along.
In the same breath I freely acknowledge that the fact that HOA's are not subject to the sunshine laws makes it more challenging to stay informed unless a particular HOA has established for itself a high standard of accountability. But if it has not - that too can be changed.
It is all a matter of participation and most people do not want to participate until they are in crisis - and by then it is indeed too late. I think open operations are the key to avoiding problems and the best time to change that is before the problems develop.
| Blessed be the cracked, for they let in the light. |
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campbellfam
enthusiast
Posts: 1849
Loc: Allen, TX, USA
Reg: 07-12-02
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10-01-09 01:00 PM - Post#96363
In response to vrs
We're going to have to agree to disagree.
I have been part of a horrible HOA where I was involved (went to every meeting) all it takes is one bad apple...
And it's as hard to get them out once they're in as getting rid of an incumbant senator. Since they answer to no-one they can get away with ridiculousness that boggles the mind.
| Unless specified above, this post is not directed toward anyone in particular. |
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vrs
enthusiast
Posts: 2632
Loc: Allen, Texas
Reg: 04-20-00
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10-01-09 01:25 PM - Post#96368
In response to campbellfam
We're going to have to agree to disagree.
I am fine with that. Not near enough friendly, healthy, "we just don't see it the same way and time to move on" in the world today.
| Blessed be the cracked, for they let in the light. |
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phantomcobra
enthusiast
Posts: 1408
Loc: Between Canada and Mexico...
Reg: 06-18-02
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10-02-09 04:16 PM - Post#96507
In response to vrs
Darn! Now I have to give the folks back their money on the bets they placed on who was going to win.
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