Aerial Views and CCR's and Home Sales

Started by MikeN4 • 14 replies • 1642 views

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MikeN4 (South Carolina)
Posts: 10

Posted:

Thanks in advance for reading this note.

Hi all,

I've been pondering...

This HOA is a nice neighborhood consisting of 76 separate
homes, all two-story, most have fenced backyards (wooden
fences that provide some level of privacy and mostly hide
“street view” but most backyards are clearly visible from a
second-floor bedroom view).
There are a couple of neighbors that suffer from “real life”
more-so than others and have backyards that are a train wreck
but not visible from “street view”. It's ugly if you “peer out
at the day” from a second-floor window. So far, there have
been no complaints.

There are a few homes for sale due to job changes/re-locations
of those homeowners.

In today's world many realty sites also provide an aerial view
of a home and neighborhood, with zoom capability.

My ponder is this: What if a prospective buyer sees a
trashed backyard in an aerial view and comments to the realtor
that (s)he wouldn't want to buy a certain home because (s)he
wouldn’t want to see “that mess every morning”, or some such
thing...

In your opinion what would be a good way to handle this
if such a situation ever arose?

Below is a copy and paste of a part the CCR's. My concern
is "or otherwise detract from the desirability of the neighborhood
as a residential section" in the last sentence.

Best Regards,

Mike
~~~~~~~~~~~~~~~~~~~~~~~~~
**extracted from**
ARTICLE VI Use Restrictions
Section 2 . Use of Property

i. No noxious or offensive activity or other thing shall
be had or done upon any Lot in the subdivision, and nothing
shall be had or done thereon which constitutes or becomes an
annoyance, or nuisance to the neighborhood, or constitutes an
unsanitary condition. No livestock or other such animals shall
be allowed or kept on - any lot in the subdivision. Nothing
shall be done or allowed, and no conditions or situation shall
be permitted on any such Lot which shall constitute, cause or
become a nuisance or otherwise detract from the desirability
of the neighborhood as a residential section.

.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

A buyer can give any reason they want to back out of a deal. I've not bought a house for mulitple reasons such as not having a dishwasher. It's a misnomer about HOA's keeping property values high because they have rules to enforce attractive properties. No homeowner or club of homeowners (HOA) can keep their home values up just by appearance alone. Has anyone bought a home just based on it being "Pretty"? Most likely not.

What HOA does do is use their rules as a sales tool to attract more buyers. It's the attracting of more potential buyers that keeps the ability to resale a home at equal or more value than it was orignially bought for. So It just helps by all the neighbors being concious of condition of their homes but by no means does it mean less value or worth based on appearance.

Former HOA President

BrianB (California)
Posts: 2,820

Posted:

I wouldn't do a thing, nor would I care what a non-owner thought. If owners complain to the board, then some action should be taken (not saying what the action should be, just that an action should occur as the result of a complain). If the police complain, or the city code enforcement, again, action should occur.

If some stranger gripes? Not gonna worry myself about it. Everyone is entitled to their opinion, but I don't have to jump through hoops because of it.

What if the prospective buyer told the realtor "I wouldn't buy here because there are children/too many flowers/olive trees/ugly brick planters/not enough brick planters/oil spots in the driveways/too many windows/not enough fire hydrants"... would the board do something then?

BradP (Kansas)
Posts: 2,640

Posted:

Mike

I would say this, your restriction is pretty broad and vague and in my opinion probably has little teeth. Real world example, I am a grass guy, nothing makes a home more appealable to me than a plus green thick lawn. Not having that is considered a nuisance or hindrance by me but in reality how many lawns are that way, especially in a back yard where a dog may be.

I don't think an aerial or second story view into someone's backyard would be justification to make them clean it up. I would use the real person test, if things are hidden from view from a normal person at street or ground level that to me is sufficient.

I wouldn't lose sleep over this, just be happy you aren't the guy in france caught taking a pee by google maps.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

All

There is an old story of a place advertised with an ocean view. Turns out if get on the roof and stands on the chimney, low and behold you can see the ocean on a very clear day.

Some should stop looking for problems.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

In your opinion what would be a good way to handle this if such a situation ever arose?

I would tell whoever is complaining, that the board has received their complaint, no action taken.

As far as making rules against anything in the back yard, a prospective buyer with a 2 year old may not want to buy in your community if all the toys have to be hidden from view.

BrianB (California)
Posts: 2,820

Posted:

Quote:

Posted By SteveM9 on 03/12/2012 3:51 PM

In your opinion what would be a good way to handle this if such a situation ever arose?

Nice analogy!
I wonder, if a prospective buyer said "I love the area, but no way am I living somewhere that will fine me $50 if my trash can is on the curb at 4:31 pm.", would HOA's jump through angst about lessening their restrictive rules?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Mike:

It depends upon what point and time the association wants to potentially cross the line between what they are meant to accomplish and violating each owner’s individual private space located behind a privacy fence. LOL … the next thing they might complain about is the color of curtains their neighbor is hanging over their windows.

At my last home I did not like looking out a couple of windows at the neighbors fence, so I just frosted the lower window section which let light into the room but blocked the view of the fence. The neighbors have alternatives such as this idea or putting sheers up if they do not like what they see in someone else’s private backyard. Otherwise, potentially they should have chosen to buy a single story home and not need to worry about what they may or may not view.

As this is just potentially your pondering and no complaints, then there hopefully will not be an issue.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Janet

My HOA does have a restriction on color of window dressing facing the street. Must be white or off white.

Ever seen a white snake....LOL

JanetB2 (Colorado)
Posts: 4,219

Posted:

LOL … matter of fact I have and pretty ugly.

I was thinking of the rear windows facing back yards; however, if a developer does not like certain window coverings I think he should be required to install opaque windows. Personal opinion it crosses the line on what an owner does or how they decorate inside their private indoor space. LOL ... is your wife tired of that white yet?

MikeN4 (South Carolina)
Posts: 10

Posted:

Hi all!

I'm sorry to have been away for so long after posting my request.

ALL of you have been very thoughtful and kind and I thank all of you.

It appears that my imagined worry is better balanced by common sense
and 'real life' as y'all pointout.

Sometimes though, I think that random wondering about 'could be' in
such a litigious society as we live in, is good thing.

Again thanks much,

Mike.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Janet

We are smaller patio homes so the only street facing window is one double window, 6ftx6ft. One could put in whatever color window dressing one wants, but only white to off white can be seen from the street. One neighbor did say it was a pain as she had to have her drapes lined white but that they looked the same from the inside.

In our home model the window is in a spare bedroom/office so we use white plantation shutters....afterall this is SC....LOL

Back to the topic. Each of our homes has a backyard 6ft privacy fence. Along the back edge of the house, 8 feet out from each side (some sides do adjoin), and along the back property line some 12 to 20 feet away from the back of the house. This results in some 200 to 400 sq ft of privacy fenced backyard. This is the only landscaping the homeowner must maintain as the HOA does all the rest of the landscaping. While no hard and fast rules about this area, one cannot install anything that rises above the 6ft privacy fence without ARC Approval.

The 6ft fence will not keep a snake in...and again...this is SC...we have snakes and lizards all over.....LOL

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Our CC&R's actually spell out that FRONT windows must have WHITE shades ONLY. The shades on the other sides of the houses could be whatever color you wanted. Always thought that rule was kind of ridicolous so never enforced it....

Former HOA President

JanetB2 (Colorado)
Posts: 4,219

Posted:

John:

LOL … guess I better be careful as the last snake that crossed my 6 ft fence did not survive after it had the pleasure of meeting my ankle sized dogs … they had a good time with that new “toy”.

BradP (Kansas)
Posts: 2,640

Posted:

Quote:

Posted By MikeN4 on 03/13/2012 3:51 PM
Hi all!

I'm sorry to have been away for so long after posting my request.

ALL of you have been very thoughtful and kind and I thank all of you.

It appears that my imagined worry is better balanced by common sense
and 'real life' as y'all pointout.

Sometimes though, I think that random wondering about 'could be' in
such a litigious society as we live in, is good thing.

Again thanks much,

Mike.

Mike

nothing wrong at all with asking questions...unfortunately you can't have a rule for every possible scenario that could eventually be brought up.

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