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DalaneyM (Arizona)
Posts: 3
Posted:
**I AM NOT INSULTING THE HOA**
I recently moved here from out of state, and I genuinely what to know what the H.O.A's purpose is. My neighbors haven't exactly been a big help explaining this to me, all I received were answers like, "People who tell you what you can and cant do with your house". Please do not think that I am trying to insult anyone here, I was going to Google it, but decided that I'd rather hear what people who work for the H.O.A have to say.
RichardP13 (California)
Posts: 1,767
Posted:
It might be best to google it as the reasons have changed over time.
TimB4 (Tennessee)
Posts: 21,060
Posted:
As you discovered in your internet search, there are pros and cons for HOA/COAs. Depending on the perspective of the individual, the pros and cons will vary. They even vary amongst the individuals on this site. However, pros and cons or benefits and risks of Associations was not your question. You asked for their purpose.

Although their are disagreements on some of the purposes of an HOA/COA, we all seem to agree on the following purposes:

1) Maintain the common areas and elements (playgrounds, roads, pools, open space, storm water retention ponds, trees, etc.)

2) Establish and collect assessments.

3) Maintain adequate insurance for common areas and as required by law.

4) Provide required services as specified in the CC&Rs (example: Trash/recyclable collection)

5) File taxes and reports (along with paying taxes/fees) as required by State and Federal agencies.

Additionally, the Association, along with each member, is also authorized to enforce the covenants and restrictions identified in the CC&Rs. Depending on the language in the CC&Rs, the Association may even be required to enforce.

Wikipedia actually has a fairly good explanation, if you read all of the info, on homeowner associations.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Time sums it up nicely, Delany. But, as a new HOA member, read your governing documents like your CC&Rs (covenants; (declaration). they will state what the HOA via its board of Directors must do. Again, the things that Tim listed.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Time sums it up nicely, Delany. But, as a new HOA member, read your governing documents like your CC&Rs (covenants; (declaration). they will state what the HOA via its board of Directors must do. Again, the things that Tim listed.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Well, "Tim."
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
In my area, the typical reason for the HOA is because the city wont accept the new roads.

So lets say you are an owner of 10 acres and that 10 acres is only 200 ft wide and meets the road. The city has a regulation of a minimum of 200ft road frontage per lot. So the owner could have 1 house lot, or 10 house lots if he makes his own road. To make more money he chooses 10 house lots. So he builds his own road and the city wants nothing to do with it. They dont want to maintain new roads for everyone who decides to create one so they refuse. So an HOA must be formed to take care of the road and provide access to everyone who has a home on this road.

Sometimes the owner adds in other regulations. Lets say he hates trailers and goats. He says no trailers or goats. The list is endless. He owns it so he can do whatever he wants and everyone who buys these lots will be likely stuck with his rules forever.
RichardP13 (California)
Posts: 1,767
Posted:
Steve made the point I was hoping the OP would find. Prior to 2000, I would think HOA's were something that people wanted to belong to, but starting in 2000 and the last housing boom, the local municipalities created a system whereby they shifted their responsibility to the developer and all the communities they were building.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
So...... when people say I hate this HOA lets dissolve it. Its kinda like saying I hate this city, lets dissolve it, or I hate this state, lets dissolve it.

It isn't going to happen. Keep dreaming.
RichardP13 (California)
Posts: 1,767
Posted:
Quote:
Posted By SteveM9 on 02/20/2014 8:31 AM
So...... when people say I hate this HOA lets dissolve it. Its kinda like saying I hate this city, lets dissolve it, or I hate this state, lets dissolve it.

It isn't going to happen. Keep dreaming.

?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Each HOA is different and has a different need of why they need to exist. The original design for a HOA was for Developer's to use them as a "Sales tool" to sell houses/property. They sold buyer's on the idea of buying into their property you had the power to create rules so that the property kept uniform and nice. It also allowed everyone to share in the cost of keeping up whatever amenity the developer left the owners to take care of. That is usually a pool, clubhouse, or other recreational area. If you have one community pool for example, the HOA is to gather money to make sure it's taken care of. That's why they are also mostly non-profits as they are only to collect as much money it takes to maintain what is required be it roofs, roads, lawncare, or recreational facility.

In our case, we owned the house and the lot the house sat on. Our HOA is responsible for lawncare of the common areas outside of that. Plus we had a pool and clubhouse. At one time we had 1 water meter and private roads. If we were to disband, our rules state we have to be turned over to a management company. Which means we lose our rights to vote and can NOT control what the MC charges us monthly for operations. Something none of our members are willing to give up.

People who don't understand HOA's ironically end up asking for exactly what the HOA is already. They want a group of people in charge and rules enforced just NOT against them. HOA's don't run on autopilot. They run by the members themselves which are the homeowners. They do it voluntarily too. Which to me means that you create the neighborhood you want to live in by volunteering and writing the rules you want to live with.

A HOA is ONLY funded by it's members FOR it's members.
A HOA is MANAGED by it's members with it's members.
There are no "they or them" in a HOA. It is ONLY YOU and YOUR NEIGHBORS....

Former HOA President
JohnB26 (South Carolina)
Posts: 1,569
Posted:
In TODAY'S world there is ONE over-riding reason:

To fund the COMMUNITY OWNED drainage system including the retention ponds and associated ENGINEERED UTILITIES which are required by Federal Law.

Sorry, your 'lake' is NOT an amenity, it is a mandated storm water retention facility.
BillH12 (Virginia)
Posts: 1
Posted:
Hey look, I just joined this Forum/Blog so I may step on it occasionally but here goes. I am a board member in our HOA and have been for the last 2 years since I moved in. I moved from Phoenix, AZ where HOA's are very controlling and strict and got a bad taste in my mouth regarding HOA's. I decided that the best defense against that sort to thing was to join the HOA. Problem is, not all members of the board are of like mind when it comes to nearly every rule in the CC&R's. I believe HOA's can and some do, provide a great service for a community. Problem is many people when given a little power, eventually begin to abuse it. If everyone believes that a role of the HOA is to maintain and enhance the quality of life and value of living in a community (and I am convinced that not everyone does) you would think decisions would be easy. In reality, a strict interpretation of every rule in the CC&R's and Residential Design Standards (RDS) may be counterproductive to this goal. Not everything is written in the CC&R's so there is usually a generic term like "in the character and style of the community" which opens the door to subjective interpretation. If a board member, especially the president who is viewed as having the last word, feels some request is not in the "character and style" it becomes easy to say no. I'll give an example:

In Virginia, solar is not a big deal like in Arizona, but it has begun to take hold. Virginia passed a weak law in 2010 that say's an HOA cannot prevent homeowners from installing and using solar as long as there were not existing prohibitions in the CCR&R's dated from before mid 2008. HOA's however could enforce 'reasonable' location, size and color constraints. So first off, what does that mean? The HOA board or Architecture Review Board can make subjective decisions as to what is reasonable or does it mean that the RDS needs to be revised to specify these meanings. Second, if the sun is only hitting the front of a house, is it reasonable to tell the homeowner that solar panels need to be installed on the side or even back without technical advise or considerations? I would think not, but others on the board believe the 'curb appeal' is depreciated and would not allow panels on the front where the sun is.

An HOA is both a business and a community. Some HOA boards only focus on the business side. Collection of dues, paying bills, enforcing CC&R's, etc. The role of advocacy for the community is a grey area. Our president feels that our HOA does not have a role interceding in the community behalf with the builder, energy, communications, internet, or TV/Cable providers. What do you think? Should the HOA board have a role to advocate for improved service or to rectify safety issues that would effect all in the community?
BanksS
Posts: 403
Posted:
Quote:
Posted By JohnB26 on 02/20/2014 10:01 AM
In TODAY'S world there is ONE over-riding reason:

To fund the COMMUNITY OWNED drainage system including the retention ponds and associated ENGINEERED UTILITIES which are required by Federal Law.

Sorry, your 'lake' is NOT an amenity, it is a mandated storm water retention facility.

Can you show me where this is written somewhere? I don't believe my HOA board knows anything about this. I am always eager to share good news with the Board. LOL
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By MelissaP1 on 02/20/2014 9:16 AM
The original design for a HOA was for Developer's to use them as a "Sales tool" to sell houses/property.

The "Sales Tool" Melissa is referring to is a way to keep "Blacks" and other undesirables like "Jews" out of "White - Protestant" neighborhoods. Thankfully the courts put a kibosh on Covenants like those.

Studies show that 5 out of 4 people have problems with fractions
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Let me make this clear... I was NOT referencing "sales tools" in regards to racism. It was a way for developers to buy 100 acres of land and sell 100 1 acre lots with shared amenities and roads for everyone. Their money is made NOT by maintaining long term maintenance on items. It is cheaper for them to install a pool than maintain it for 20 years. They makr their money up front.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GlenL on 02/20/2014 11:37 AM
Posted By MelissaP1 on 02/20/2014 9:16 AM
The original design for a HOA was for Developer's to use them as a "Sales tool" to sell houses/property.


The "Sales Tool" Melissa is referring to is a way to keep "Blacks" and other undesirables like "Jews" out of "White - Protestant" neighborhoods. Thankfully the courts put a kibosh on Covenants like those.

I am the left wing, ACLU card carrying member and I never interpreted her expression of a "sales tool" to have racial, ethic, nor religious overtones.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Quote:
Posted By BanksS on 02/20/2014 10:39 AM
Posted By JohnB26 on 02/20/2014 10:01 AM
In TODAY'S world there is ONE over-riding reason:

To fund the COMMUNITY OWNED drainage system including the retention ponds and associated ENGINEERED UTILITIES which are required by Federal Law.

Sorry, your 'lake' is NOT an amenity, it is a mandated storm water retention facility.


Can you show me where this is written somewhere? I don't believe my HOA board knows anything about this. I am always eager to share good news with the Board. LOL

The Federal Clean Water Act of 1972 and as amended 1985 mandates the storm water utilities.

THEY ARE EXPENSIVE

Counties and Municipal government , as a rule, no longer provide same for new 'sub divisions' but require these utilities to be privately owned and maintained.

Your CC&Rs (and also your Articles of Incorporation) require the HOA to maintain all common interest property. Said property INCLUDES your 'lakes' (storm water retention ponds).

The fact that many people paid a 'lot premium' to live on the banks of a 'pond' means nothing except that the developer 'got over on them'.

If you own the roads - YOU PAVE THEM

If you own the 'ponds' - YOU DREDGE THEM EVERY 20-30 YEARS

If you owns the storm drains and 'swales' - YOU KEEP THEM CLEAR

`` let the special assessments begin ~~

CAVEAT EMPTOR

ps. if you live inside a city and pay the appropriately high(er) taxes you MIGHT have municipal drainage - unless you are in a 'newer' sub division
GlenL (Ohio)
Posts: 5,491
Posted:
And yet, that was one of the original uses of HOA's, especially in the southern states.

Typical Covenant:

At no time shall the land included in said tract or any part thereof, or any building located theron, be occupied by any negro or person of negro extraction.
This prohibition however, is not intended to include the occupancy of a negro domestic servant or other person while employed in or about the premises by the owner or occupant of any land of said tract.

Studies show that 5 out of 4 people have problems with fractions
JohnB26 (South Carolina)
Posts: 1,569
Posted:
):

that is why:

In TODAY'S world there is ONE over-riding reason:


SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
I am the left wing, ACLU card carrying member


The NSA thanks you for joining.
BanksS
Posts: 403
Posted:
Quote:
Posted By JohnB26 on 02/20/2014 1:59 PM
Posted By BanksS on 02/20/2014 10:39 AM
Posted By JohnB26 on 02/20/2014 10:01 AM
In TODAY'S world there is ONE over-riding reason:

To fund the COMMUNITY OWNED drainage system including the retention ponds and associated ENGINEERED UTILITIES which are required by Federal Law.

Sorry, your 'lake' is NOT an amenity, it is a mandated storm water retention facility.


Can you show me where this is written somewhere? I don't believe my HOA board knows anything about this. I am always eager to share good news with the Board. LOL


The Federal Clean Water Act of 1972 and as amended 1985 mandates the storm water utilities.

THEY ARE EXPENSIVE

Counties and Municipal government , as a rule, no longer provide same for new 'sub divisions' but require these utilities to be privately owned and maintained.

Your CC&Rs (and also your Articles of Incorporation) require the HOA to maintain all common interest property. Said property INCLUDES your 'lakes' (storm water retention ponds).

The fact that many people paid a 'lot premium' to live on the banks of a 'pond' means nothing except that the developer 'got over on them'.

If you own the roads - YOU PAVE THEM

If you own the 'ponds' - YOU DREDGE THEM EVERY 20-30 YEARS

If you owns the storm drains and 'swales' - YOU KEEP THEM CLEAR

`` let the special assessments begin ~~

CAVEAT EMPTOR

ps. if you live inside a city and pay the appropriately high(er) taxes you MIGHT have municipal drainage - unless you are in a 'newer' sub division

John,

Please educate me on this topic. What is a storm water utility and a swales?

TimB4 (Tennessee)
Posts: 21,060
Posted:
Quote:
Posted By BanksS on 02/20/2014 5:35 PM

Please educate me on this topic. What is a storm water utility and a swales?

See A Citizens Guide to Stormwater Pond Maintenance by SC Dept of Health and Environmental Control.
JoK2 (California)
Posts: 198
Posted:
Quote:
Posted By GlenL on 02/20/2014 11:37 AM
Posted By MelissaP1 on 02/20/2014 9:16 AM
The original design for a HOA was for Developer's to use them as a "Sales tool" to sell houses/property.


The "Sales Tool" Melissa is referring to is a way to keep "Blacks" and other undesirables like "Jews" out of "White - Protestant" neighborhoods. Thankfully the courts put a kibosh on Covenants like those.

Seriously??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

It is this type of ignorance that continues to feed the hatred and disgust in this world. Shame on you for continuing to propel it.
BanksS
Posts: 403
Posted:
Quote:
Posted By TimB4 on 02/20/2014 6:35 PM
Storm Water Utility = how funds are raised.

See Funding Stormwater Programs by the EPA

Stormwater Swales = broad shallow channel designed to trap particulate pollutants

See Stormwater Technology Fact Sheet by the EPA

Thanks Tim. I guess I could have found this myself. Sorry for getting off topic.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
you are NOT off topic

drainage facilities are, today, the primary reason for a HOA

these 'facilities' must be designed by engineers and are therefore 'utilities'

swale = graded sloped depression (usually in a grassed area) used for drainage flow in lieu of an actual ditch - one can mow a swale, one must rake or dredge a ditch

'generally' a swale will run into another larger swale (or ditch) which will itself run into the 'lake' which is actually an 'engineered storm water retention facility'

underground storm drains will also discharge into the 'lake'

the lake itself acts as a 'storage reservoir' and discharges via a 'weir assembly' (to control rate of discharge) - it will have an 'emergency' spillway to allow full flow in the event of a major rain event

the above is a gross oversimplification

see your state's 'dept. of environmental control' or equiv. agency for further info.

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