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05-09-2018 06:55 PM
@Mominohio wrote:
@RoughDraft wrote:As a big city resident, the idea of a HOA just curls my toes. Where does it say a self-appointed group of neighbors get to dictate to the extremes you have posted? There are enough regulations to go around in any town or ciity without some self appointed muckety-mucks coming in and uprooting some harmless roses. Somebody's making money and it's not the average home-owners in the development. What happened to democracy?
Um....people who move into areas with an HOA know about it, choose it and sign up to obey the rules. The group isn't 'self appointed', they are elected and anyone living in it can participate or take office if they want to bad enough.
My issue would be how the rules can change over time. You sign up for things to be a certain way, but over time, they change things. Even with a majority vote of the members, it can mean things changing in a way someone didn't sign up for or agree to in the initial purchase. That would be my main concern, changes over time.
@Mominohio Again, this would depend on th by-laws. Most HOA's, when established, are done so via an attorney hired by the developer. A boiler-plate form is used with this and that added based on the specialities of the future community. I haven't been in an HOA yet where there MUST be a specific percentage of homeowners that have to vote on a change otherwise it can NOT go through ( not matter what the board wants). This is why it's important for all homeowners to be involved either by serving on the board or at least attending every meeting.
By-laws people, KNOW your by-laws. Doing so can save you a world of issues.
05-09-2018 07:01 PM
@SahmIam wrote:
@Mominohio wrote:
@RoughDraft wrote:As a big city resident, the idea of a HOA just curls my toes. Where does it say a self-appointed group of neighbors get to dictate to the extremes you have posted? There are enough regulations to go around in any town or ciity without some self appointed muckety-mucks coming in and uprooting some harmless roses. Somebody's making money and it's not the average home-owners in the development. What happened to democracy?
Um....people who move into areas with an HOA know about it, choose it and sign up to obey the rules. The group isn't 'self appointed', they are elected and anyone living in it can participate or take office if they want to bad enough.
My issue would be how the rules can change over time. You sign up for things to be a certain way, but over time, they change things. Even with a majority vote of the members, it can mean things changing in a way someone didn't sign up for or agree to in the initial purchase. That would be my main concern, changes over time.
@Mominohio Again, this would depend on th by-laws. Most HOA's, when established, are done so via an attorney hired by the developer. A boiler-plate form is used with this and that added based on the specialities of the future community. I haven't been in an HOA yet where there MUST be a specific percentage of homeowners that have to vote on a change otherwise it can NOT go through ( not matter what the board wants). This is why it's important for all homeowners to be involved either by serving on the board or at least attending every meeting.
By-laws people, KNOW your by-laws. Doing so can save you a world of issues.
In our HOA and I believe ALL HOAs if you want to change any of the bylaws it requires a 60% vote of the entire membership. To just make a rule , like say, you can only have white curtains, just the board votes.However, the next year, if there is a new board, they can toss out any of those rules they want.
05-09-2018 07:58 PM
@151949 wrote:
@SahmIam wrote:
@Mominohio wrote:
@RoughDraft wrote:As a big city resident, the idea of a HOA just curls my toes. Where does it say a self-appointed group of neighbors get to dictate to the extremes you have posted? There are enough regulations to go around in any town or ciity without some self appointed muckety-mucks coming in and uprooting some harmless roses. Somebody's making money and it's not the average home-owners in the development. What happened to democracy?
Um....people who move into areas with an HOA know about it, choose it and sign up to obey the rules. The group isn't 'self appointed', they are elected and anyone living in it can participate or take office if they want to bad enough.
My issue would be how the rules can change over time. You sign up for things to be a certain way, but over time, they change things. Even with a majority vote of the members, it can mean things changing in a way someone didn't sign up for or agree to in the initial purchase. That would be my main concern, changes over time.
@Mominohio Again, this would depend on th by-laws. Most HOA's, when established, are done so via an attorney hired by the developer. A boiler-plate form is used with this and that added based on the specialities of the future community. I haven't been in an HOA yet where there MUST be a specific percentage of homeowners that have to vote on a change otherwise it can NOT go through ( not matter what the board wants). This is why it's important for all homeowners to be involved either by serving on the board or at least attending every meeting.
By-laws people, KNOW your by-laws. Doing so can save you a world of issues.
In our HOA and I believe ALL HOAs if you want to change any of the bylaws it requires a 60% vote of the entire membership. To just make a rule , like say, you can only have white curtains, just the board votes.However, the next year, if there is a new board, they can toss out any of those rules they want.
No, there is no "standard" percentage for a voting majority. It's different depending on what your governing documents state. Some have a simple majority, some have other percentages.
Rules are completely different. They are not part of the governing documents. However, in California, any proposed rule must be sent to the whole community for a 30-day comment period before the rule is enacted. Some rules may cover window coverings, but most window covering instructions are part of the governing documents, and not changed by anyone's whim.
In addition, window coverings are often considered to be part of the architectural appearance and, as such, covered by architectural guidelines.
@SahmIam has the best take on HOA home ownership. I'm currently on the board of my HOA, and was also a prior president for a few years.
05-09-2018 08:03 PM
What surprises me most is that the OP didn't write letters of protest to the HOA. And include photos of where they had already painted showing clearly it did not need painting again. Then you should be entitled to a hearing at which time you can again show the photos.
It seems they just complied after one phone call and their only written protests were on this thread.
You really have to do things in writing to have any legal effect.
05-09-2018 08:11 PM
@GingerPeach Is correct regarding everything she said, down to the white fabric for window treatments (the condo section of my community has that exact requirement. Most of the condos in my county do). Again, you can NOT simply state that ALL HOA's do this or that...it's stupid to do so as they can vary from just as much as they number and type of plants one finds in a nursery.
I've been the chairperson of Architectural Guidelines, a President, a Vice-President and a Secretary (what I am now); each position is different and often carries additional roles (depending on the HOA- I am also the one that works one-on-one with our landscaping company and heads up a committee regarding any developments in the county that may have an affect on us good and bad). Nothing is set in stone, nothing.as to how they are run due to each having their OWN set of by-laws.
You can bash HOA's and those that serve the community by volunteering their time but in the end, if you're not going to get involved, your rants don't carry any weight. I've seen what can happen in a community without any type of guidelines and for that reason, give me an HOA every time.
05-09-2018 11:32 PM
@Mominohio wrote:
@NYC Susan wrote:
@chiclet wrote:HOA's can be good or bad. If they do their job they can be a help to keeping your property values up. It is just awful when your neighbors decided to start up a band in their garage and practice late at night, or decide to plant so many bushes and trees the house dissapears in a jungle, paints their house purple, has big dogs in their yard that bark constantly etc etc. Without an HOA you have no hope of solving all that. However when you pay for them and they do not help you or start nitpicking such small things that you feel you are living in a dictatorship it is not good. It would be nice if people just used common sense but as Dr. Phil has said common sense is not common anymore.
That's not true. There are local ordinances, and I've never lived anywhere where they weren't enforced. You don't need an HOA to solve problems such as you described. A call to the town (or the police if more appropriate) is very effective.
Local and state zoning and ordinances are often not enforced in many areas, or done so very selectively. We see it here all the time.
There are no perfect places, but for many a well chosen and well researched HOA property is much more of a guarantee of maintaining the integrity of the neighborhood than relying on local governments to do their jobs.
Yes, of course ordinances are not properly enforced everywhere. I've never had a problem relying on local governments to do their jobs, but of course I understand that it can happen in other towns/cities. (Just as some HOA's are good and others are completely ineffective.)
However I was responding to the contention that I bolded above: "Without an HOA you have no hope of solving all of that". That's false. In many areas, there certainly is recourse and resolution without the need for an HOA, and in many areas local ordinances are far more effective than HOA''s. So "no hope" is simply not true.
05-09-2018 11:38 PM
@NYC Susan. I agree. We have lived here 35 years and not had any problems. The town supervisors are always available for advice or solutions on problems.
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