Interesting HOA Article

Interesting article:

How many times do we need to see this same plot before we figure out how the movie ends?

A homeowner in a neighborhood fails to live up to the civil agreement that governs the community, and then complains that the community’s governing body is picking on him or her. The community comes out looking like the bad guy just for trying to make sure everyone plays by the same rules.

We saw it play out last year on a national stage when Homes for Our Troops tried to bully the Knob Hill subdivision in Evans into allowing the group to build a home that didn’t meet the neighborhood’s guidelines.

Despite being falsely accused of disliking veterans – the home was for a disabled vet – the homeowners association stuck to its guns. HFOT was able to build the home elsewhere, but it’ll take a while for Knob Hill to recover from the slander.

More recently, there’s the tempest in a teapot in the Millshaven neighborhood in Martinez. Becky Rogers-Peck is being sued because an outbuilding on her property is painted colors that the HOA says aren’t compatible with the neighborhood.

Just as Homes for Our Troops tried to justify bending the rules in Knob Hill because they were trying to help a disabled veteran, Rogers-Peck argues in favor of the pink-and-purple structure because it’s a playhouse for her granddaughter.

“Why do they have the right to tell me what to do on the property that I pay for?” Rogers-Peck asks.

Why? For the same reason any homeowners association has the right to decide what meets their neighborhood’s standards. It’s right there in the contract governing the homeowners association in the first place, something Rogers-Peck assuredly knows as a former board member of the Millshaven HOA.

While homeowners associations often are criticized for being nit-picky, overbearing and managed by “busybodies,” the fact remains that the organizations represent a nearly pure form of representative democracy. Members pay an even share of the funding to operate the neighborhood “government.” (Just imagine how different it would be if everyone in the United States paid an equal share of taxes.) Those homeowners agree to rules governing the neighborhood (the equivalent of a constitution), and then elect a board to act on their behalf in enforcing those rules.

The aim is to safeguard the property values of everyone who lives in the neighborhood. The effects, especially in neighborhoods where an HOA board is alert and engaged, are a stark contrast to neighborhoods without such attentiveness or where protective covenants have lapsed: Many of the latter neighborhoods are a source for frequent, and often ineffective, complaints about unkempt yards and dilapidated buildings.

Those who decry a loss of “freedom” in a neighborhood with protective covenants are being absurd. It would be just as silly to complain that a car loan infringes on your freedom because it requires you to make payments. If you don’t want to make payments, then don’t borrow money to buy a car.

Likewise, if you aren’t prepared to follow the rules of the civil contract governing a neighborhood, then don’t buy a home in a neighborhood governed by such an agreement.

Just don’t be surprised if your neighbors aren’t as interested in preserving your community’s property values.

John,

Well said!! In my position as Chairman of our Covenants Committee I used to receive a lot of emails and comments at Board meetings. Despite a few that said we were picking on them the vast majority said they bought into our HOA because of the rules and not in spite of them. Many critized us for not being aggressive enough. Interestingly, over the years, we had a number of Directors who had the attitude of "whatever it is, it is not a problem, unless it is next door to me". We had two Directors try to disban our Committee but they couldn't come up with the third vote. Sometimes, difficulties come from within.

Paul T

John,

Right, it is what you make it. We have lived in our present HOA full time for 21 years. Things were getting a little "loose" around 1991. We had an Environment Control Committee but their main focus was on structural related items and they really didn't want to deal with the behavior related problems. Our Covenants Committee was formed in 1995 to the distaste of some Directors. It was a long slow bloody process with lots of opposition but we finally pulled the grade and overall, our 6,400 properties look pretty darned good. I would give it 9 on a scale of 10. However, it takes constant work to keep it that way. It is amazing how creative people can be when trying to get around the rules.

Paul T

Nancy

Article was from the Columbia County GA, News-Times

I think there are also many lackadaisical BOD's who let things get out of hand and once that happens it is hard to tighten up. You will get many of the well you did nothing when so and so did what they did thus I can do it now.

I also think many BOD's back down when threatened with a law suit when many should say bring it on.

the only problem i have with HOA's is they are in essence private defacto governments that in most cases are now required by the municipality in order to get approval to build the subdivision, but since they are private do not have to abide by the same restrictions that fed, state and municipal governments do with regard to things like amateur radio installation and other such things.

I do not live in an HOA-controlled subdivision. When we purchased our current home we refused to look in any HOA's. I do not need a bunch of busy-bodies nitpicking about the color of the paint. The value of our home was determined by a licensed appraiser who used comps from the neighboring areas, some of which were in HOA's. I did not see any notations on the appraiser's report that my property was worth less because my next door neighbor has a derelict car in her backyard. In fact, I have seen no evidence of any kind that having an HOA increases property values.

Larry,

You are fortunate. In my area, within the same Town, our HOA is light years better from an appearance and property value standpoint, than other R-1 zoned neighborhoods. As mentioned, living in an HOA is voluntary, to each his own. :-)

I wonder what a prospective buyer might think about a derelict car in the backyard of the house next to the one he was considering to buy? Unless he had one to match it he probably wouldn't be positively impressed?

Paul T

Robert,

Interesting concept. I can only speak about my own area which has not experienced what you described. Actually, housing construction has all but come to a stop in our area starting about four years ago, as did our small business, almost like someone just turned the lights off. What is the situation with the amateur radio antenna?

Paul T

Obviously, the veteran was not very good at soldiering, otherwise he would not have been disabled, and therefore he did not deserve any reasonable accomodations for a handicapped person. I do hope ever so much that the Knob Hill homeowners recover from the vicious slander they suffered from those who have the audacious temerity to support our troops and disabled veterans. I for one am thankful that I live in a country where homeowners associations have the opportunity to kick disabled veterans around. This article makes me proud to be an American.

Larry

The problem with many of these things is one often does know the full story. They only hear/see an exploitive side.

One such case (in OH I think) was about a retired military person building a tall flag pole in his front lawn to fly the American flag. Headline read "HOA Says No American Flag Flying". Wrong. The association allowed one to fly the American flag but they did not allow a flag pole (or anything else) to be erected in the front yard without permission. The bottom line isssue was not flying an American flag, it was the flag pole erected in ones front yard without permission but few wanted to listen to that.

Could it be a similar issue with the disabled vet?

And now, the other side.......

I live in an HOA and I am SUING them to strip them of the power to fine my neighbors.

Next I will strip them of the power to change the governing documents without the permission of homeowners.

NEXT....I will sue them to implement OPEN MEETING LAWs on their meetings (they meet before-hand and the meetings are an excercise in manipulation and deceit)

In other words...I am going to reduce their powers to executive only...with strict homeowner oversight of what they do of course.

Then MAYBE...this HOA...like every HOA...will cease being the joke on Amercian democracy that is is today.

Two questions:

1) Why not serve on the Board instead of bringing legal action against the Board? It's easier and less expensive to change things from within.

2) Why did you purchase property governed by an Association? It sounds like you would be happier purchasing a property without deed restrictions or an Association to oversee those restrictions.

Translation: I got fined for doing something I freely agreed not to do when I voluntarily purchased a home in my HOA. Even though I violated the CC&R's, how dare they try to hold me to the contract I signed, what is this Russia? My home is my castle and how dare those bastards tell me not to do something.

Me thinks you might be correct.

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