💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

GertrudeC (California)
Posts: 23
Posted:
I Realize we all ended up in an HOA for one reason or another. However, my question is if you had a choice an option or an alternative would you rather be enclosed behind your own four property lines? or not? Perhaps the Social Amenities attract you? or the lower cost of Community Shared Amenities such as a pool and spa are a welcome addition to your lifestyle. Maybe you crave the security of a gated Community. Just wondering what makes folks happy or not? In my case the HOA fee keeps going up but the benefits are not in line. So to take just one example in California at least, I could take my the value of my current home principal apply it to a modest maybe even fixer upper home and secure a small loan that would be fixed for 30 years (never going up) and although my home would not be as modern and a lot smaller it would be mine. In a few short years the HOA fees will exceed my mortgage or at least meet it. Not to mention that at some point perhaps I could pay off the mortgage and have no fees what so ever.
KerryL1 (California)
Posts: 14,550
Posted:
Have owned many detached non-HOA homes in five states and they were fine when I was raising kids.

For now and the foreseeable future, a high rise HOA & urban lifestyle is perfect for my spouse & me. We especially like being free of cleaning eaves, mending fences, patching roofs, pool cleaning and the other maintenance tasks that we formerly did. I also like not having to drive to a gym and that many of our social activities are in our common area party rooms.

Have been on the Board for 8+ years and our dues have gone up in the same ways certain living expenses go up in non-HOAs: electricity; gas; water; sewer, trash pick up. I like that the Board--the body that governs us--lives in our (vertical) neighborhood and is accessible at open monthly meetings.

After 1-1/2 years here, we could see that the Board was a problem, we combined with other likeminded owners & controlled the board in one year. That would be very difficult to do in the counties, townships & municipalities where we'd lived previously.

In addition, we enjoy seeing the condos around us in nice condition without junk on the balconies or aluminum foil on the windows. I feel like my home is "mine," not someone else's.

So I think a lot depends on where in their life stages folks are as to what suits them.
GenoS (Florida)
Posts: 4,276
Posted:
It's a decision you have to make for yourself. We have been in our first HOA for less than 2 years and so far we're satisfied. Not 100% satisfied, but enough that we're happy to stay and participate and be involved. Our fees went up almost 10% this year and I'd be lying if I told you we never had a discussion about, "Is what we pay really worth it?"

Our fees will be going up again next year and we will have the conversation again. There are always options.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Gertrude

When I decide to buy a house there are many thing I take into consideration. One of them is my first impression of the neighborhood and the curb-appeal of the house. I have been out looking with realtors and said drive on by before even looking at the house as my first impressions were negative and n house can overcome the first impressions.

One way to maintain the "look that appeals to me" " is an HOA that can/will "control" such. This is one of my main reasons for liking HOA's.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I did not learn to appreciate my HOA as much until I moved out of it... My HOA house was small (less than 1K square feet). It was a great benefit for me to have access to a pool, a clubhouse, lawncare, and garbage pickup. Especially since it was only $50 at that time. The extra $50 could have gotten me a bigger house if I had put it toward a mortgage instead. However, I would have had no pool, clubhouse, or lawncare.

My non-HOA house I live in now is about twice the size. It does NOT have a pool, clubhouse, or lawncare. I have to pay lawncare to mow around $40 every 2 weeks. My trash pick up is now part of my utility bill and $13. I only get a trash can instead of a dumpster. If I want to throw party, now have to do it in my home. No off-site clubhouse.

Honestly, I would choose living in a HOA again. It is just I realize that a HOA's purpose is for ATRRACTING potential homebuyers. It is NOT to maintain or keep home VALUES. That is a HUGE misconception and one that gives HOA's a bad reputation.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
Interesting question. I did some figuring and see that by the end of this year, I will have paid $22,866 in assessments (I brought my home in 2001 and paid 6 months of assessments that year. For that, I get lawn care, snow removal, coverage on the building structure, trash pickup, a clubhouse (we had a pool, but got rid of it in 2013) and a security officer who does a drive by if I’m out of town.

The pool wasn’t a deal maker for me – my primary issue was affordability and having an attached garage. I also wanted to live in a community that was relatively safe, although I really didn’t like so many apartment complexes nearby (we’re a townhouse community) and close to amenities, like a grocery store.

Overall, I think I’ve gotten my money’s worth, although there are still some kinks, but that’s to be expected with any community. If I didn’t have a HOA, I’d have to pay separately for all the services listed above, meaning lots of comparison shopping, haggling over contracts and such. I could do some of the maintenance myself, but I’d have to buy more equipment and supplies. I’d pay more in insurance because the building structure would now be my responsibility.

All of those expenses go up whether you live in a HOA community or not and there’s no such thing as maintenance free living. Even after the mortgage is paid off, you’ll still have to keep the house up so you’ll have to save lots of money. You have to do that anyway to prepare for retirement – you should be working to get your mortgage paid off before you retire, pay off debt and get some essential home improvements done, as needed (e.g. replacement windows). You don’t want to be living on a fixed income and find you really, really need a new stove, but your health care bills are too damn high. .

I think the question you have to ask is (1) what it is worth to me to have these services and amenities and (2) can I live in a community where other people (board members) are able to dictate what color my siding should be, if/when my home gets brick tuck pointed because other people aren’t paying their fair share of assessments or if I can have a potbellied pig as a service animal?

If you don’t think you’re getting your money’s worth, you should start with taking a good look at the budget and ask questions. If people aren’t paying their fair share of expenses, something will have to be delayed or cut out or reduced until that’s taken care of (chasing debt isn’t cheap or quick). If there are things the community is doing that you feel is a waste of money, but it has to be done, consider how much you’d have to pay if that service was passed on to you. As far as amenities go, you’ll have to decide if having the pool, fitness center, clubhouse, tennis courts or whatever is worth it to you. Forget about resale value for a moment – do you use those services? If not, why not? You still have to pay for them, even if you don’t use it, so perhaps your community needs to take a poll and decide if they can live without them.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Gertrude

Melissa was right about many liking a specific HOA for its amenities. I specifically chose my present HOA as we have no amenities thus we are not burdened with the cost and endless discussions about such.

I also choose my present HOA as the streets are not private thus we do not have the burden/cost of repairing them.

I also choose my present HOA as all landscaping and all external home maintenance is performed by the HOA.

It is simply pros and cons. Everything comes with both.

FredS7 (Arizona)
Posts: 927
Posted:
> I could take my the value of my current home principal apply it to a modest maybe even fixer upper home and secure a small loan that would be fixed for 30 years (never going up) and although my home would not be as modern and a lot smaller it would be mine.

You could take the same amount of money and buy something different. Astonishing.

> In a few short years the HOA fees will exceed my mortgage or at least meet it. Not to mention that at some point perhaps I could pay off the mortgage and have no fees what so ever.

Of course, pay off the mortgage and all the rest will be more than the mortgage payment.

Besides, you will still pay taxes. And- having owned standalone homes- I can tell you there is NEVER and end to maintenance and upkeep.

Ya pays yer money and ya makes yer choice.

PitA
Posts: 311
Posted:
If I had a 'do over':

I would prefer to live in a tent in a decent campground than an HOA community.

food for thought:

Did y'all realize that one could contractually waive one's constitutional rights?
(did you know BEFORE you 'bought in')
GertrudeC (California)
Posts: 23
Posted:
Great answers thanks! I should have included my type of Property It is a stand alone home as it is a mobil home and we do our own (large) yard maintenance and even rototilling all home repairs and maintenance will always be at our costs. Taxes and Insurance are the same. I think I will change this topic to make a distinction between types of Home Ownership and attached vs stand alone.
GertrudeC (California)
Posts: 23
Posted:
If I had a 'do over':

I would prefer to live in a tent in a decent campground than an HOA community.

food for thought:

Did y'all realize that one could contractually waive one's constitutional rights?
(did you know BEFORE you 'bought in')

Thank you! for this comment I have been saying this for awhile now it hits the nail on the head for my situation.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Gertrude,

I'm not sure what the purpose of the thread was.

Did it have to do with something specific?

Did it have to do with the realization that, like taxes, once the mortgage is paid off HOA assessments still need to be paid?

Are you doing research for an article or book?

You said you simply wondered what makes folks happy or not. Well, that is completely subjective on the individuals perspective of the issue. They may be happy living within an Association until they receive violation letters. They may be unhappy living within an Association because they are having financial issues and the fee is one more thing they need to pay. They may like having a pool but hate that it's always crowded.

You also said that in your case the HOA fee keeps going up but the benefits are not in line. Keep in mind that the fees are to maintain the existing benefits (amenities). There are annual increases to costs involved in maintaining what you have. Therefore, the HOA fees go up. That is a simple fact (just as property taxes go up every year or insurance costs go up every year but the benefits those costs provide do not).

Again, I simply don't understand the purpose of this thread.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GertrudeC on 05/24/2015 7:42 AM
Great answers thanks! I should have included my type of Property It is a stand alone home as it is a mobil home and we do our own (large) yard maintenance and even rototilling all home repairs and maintenance will always be at our costs. Taxes and Insurance are the same. I think I will change this topic to make a distinction between types of Home Ownership and attached vs stand alone.

Gertrude

Do you own the land the mobile home sits on or is a rent the land situation?

In an HOA it is the BOD/fellow owners that get to make/vote on dues. They do not just rise so one can make more money.
KerryL1 (California)
Posts: 14,550
Posted:
I guess I don't get the reason for your post either, Gertrude.

Which unalienable constitutional right(s) did I give up when I bought my condo?
NpS (Pennsylvania)
Posts: 4,216
Posted:
Been living here nearly 30 years. Mortgage is paid off. HOA fees are higher than mortgage payments (which are $0).

Am requesting that my HOA fees get reduced to $0 so that they are not higher than my mortgage payments. Hmmm ... wonder if my request will be approved. Here's hopin.

Sikubali jukumu. Read all posts at your own risk.
GertrudeC (California)
Posts: 23
Posted:
Quote:
Posted By TimB4 on 05/24/2015 8:02 AM
Gertrude,

I'm not sure what the purpose of the thread was.

Did it have to do with something specific?

Did it have to do with the realization that, like taxes, once the mortgage is paid off HOA assessments still need to be paid?

Are you doing research for an article or book?

You said you simply wondered what makes folks happy or not. Well, that is completely subjective on the individuals perspective of the issue. They may be happy living within an Association until they receive violation letters. They may be unhappy living within an Association because they are having financial issues and the fee is one more thing they need to pay. They may like having a pool but hate that it's always crowded.

You also said that in your case the HOA fee keeps going up but the benefits are not in line. Keep in mind that the fees are to maintain the existing benefits (amenities). There are annual increases to costs involved in maintaining what you have. Therefore, the HOA fees go up. That is a simple fact (just as property taxes go up every year or insurance costs go up every year but the benefits those costs provide do not).

Again, I simply don't understand the purpose of this thread.

First property taxes do not go up on assessed value in CA. No I am not writing a book but if I did I would not choose HOA ownership as a subject. Please read again my first then the second posting on type of housing. Agreeably perhaps I should have narrowed the question to if you have the means and choice (financially) would you choose an HOA over a private residence? the posting has helped me gain perspective. I am sorry it needs some stated purpose that you seem to miss?
KerryL1 (California)
Posts: 14,550
Posted:
If I had the means, at my stage of life, I would choose an HOA for the reasons stated above. And the fact that I hugely enjoy urban high rise living, I doubt could find a non-HOA building anywhere!

Not sure if I would have chosen an detached-homes HOA back when we were rearing kids. On the one hand, I very much like the attractive appearance a well-governed HOA provides. On the other hand, back then with kids & otherwise a very busy life, I would not have had the time to participate in governing an HOA. And I would've been unhappy if there was an abusive board that spent my dues carelessly.

If that had happened and the market value of the home was the same or more than what we paid, I would have, as JohnB used to say moooooooove(d).

OR I'd try to find the time to find allies and kick the bums out. That would have been difficult, though, given my other responsibilities back then.

Right now, like NpS, we have 0 mortgage and HOA fees that are in line with other high rises with similar recreational amenities in our excellent location.
PitA
Posts: 311
Posted:


If that had happened and the market value of the home was the same or more than what we paid, I would have, as JohnB used to say moooooooove(d).


That (moooooving) is my plan as soon as I can break even.

PitA
Posts: 311
Posted:
ps.

A NYC 'style' co-op (not a condo) does NOT have a HOA as there are no HOs.

Merely corporate owners.

A co-op remains a personal option.
EleanorB3 (Texas)
Posts: 1
Posted:
I moved to an HOA community when my non-HOA community no longer met my needs. I witnessed a premier community go downhill because of poorly kept properties. Some owners in that community let many years lapse between exterior paint jobs and do not maintain their
lawns as well as they used to. I now live in an HOA community in a house that is 25 years old. The community is immaculate because of the HOA restrictions. I sold my former house to an investor because for 10 years, each time I put it on the market, potential buyers backed out because of the neighbors property next door. The investor poured thousands of dollars into kitchen and bath updates and is having the same difficulty I did. The house has been on the market since January of this year. I appreciate the HOA and its restrictions. Houses in my present area sell quickly and often for more than the seller's asking price.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnC46 on 05/24/2015 8:56 AM
Posted By GertrudeC on 05/24/2015 7:42 AM
Great answers thanks! I should have included my type of Property It is a stand alone home as it is a mobil home and we do our own (large) yard maintenance and even rototilling all home repairs and maintenance will always be at our costs. Taxes and Insurance are the same. I think I will change this topic to make a distinction between types of Home Ownership and attached vs stand alone.


Gertrude

Do you own the land the mobile home sits on or is a rent the land situation?

In an HOA it is the BOD/fellow owners that get to make/vote on dues. They do not just rise so one can make more money.

Gertrude

I repeat the question because as I understand it, in most Mobile Home Parks the land is owned by the park owner(s) and they can increase the land rent versus an HOA where fellow members decide.

FredS7 (Arizona)
Posts: 927
Posted:
> Did y'all realize that one could contractually waive one's constitutional rights?

This is one of the talking points of the extreme anti-HOA crowd

http://pvtgov.org/pvtgov/

TimB4 (Tennessee)
Posts: 21,062
Posted:
Which we have discounted as, although possible, not realistic that it's actually being done - on several threads.
PitA
Posts: 311
Posted:
Quote:
Posted By FredS7 on 05/24/2015 5:44 PM
> Did y'all realize that one could contractually waive one's constitutional rights?

This is one of the talking points of the extreme anti-HOA crowd

http://pvtgov.org/pvtgov/


another example: Miranda
PitA
Posts: 311
Posted:
since y'all started, food for discussion:

The application of contract law to the CC&Rs agreement reveals the many invalid aspects of the CC&Rs as a bona fide contract. It is obvious from a simple review of contract law. Yet, courts have held that the CC&Rs are a contract or are to be interpreted as a contract, and have even analyzed the meanings of CC&Rs in the same manner as a contract. But, the courts do not question the validity of the CC&RS contract with respect to contract law. The courts resort to equitable servitudes law, which simply requires the acceptance of a deed in order to bind the home buyer to the CC&Rs sight unseen.

This apples and oranges approach doesn’t make sense, does it? Unless, of course, the motivation is to coerce acceptance of the HOA legal scheme by violating the Constitution’s requirement for “the equal protection of the laws” for all citizens. A common sense approach for a just and fair contract says that this is all wrong; that applying servitudes law to coerce private government acceptance makes a mockery of the Constitution.

JimR26 (Alabama)
Posts: 27
Posted:
At 63, I've lived in many HOAs having been transferred though out the country regularly, until retirement. I would not live in another HOA (I am in one now). As was said above "I'd rather live in a tent." Absolutely. Further, following many HOA sites, it's clear there are so many problems (particularly condos), that I'd rather have the control to maintain my property as I see fit, with the contractors I prefer to work with.
AnnH5 (Florida)
Posts: 304
Posted:
I would have not purchased my home in a HOA. It isn't that I mind the deed restrictions (which are reasonable). The problem with HOAs isn't the concept, it's the execution.

To date, we have paid $6500 over the last 10 years in HOA assessments. The only thing we "use" is the trash collection service. We don't use the amenities. Overall, the owners of this community have paid over $3 million over 10 years time.

I have watched the Board for the last 8 years after the developer turned the community over to the owners. What was once a beautiful family oriented community has turned into a hot mess.

The landscaping is trashed- the common areas are mostly weeds, the trees are dying. The common area palm trees are not trimmed. The HOA sidewalks are black with mold. The landscaping that has been since installed is a homeowner/Board members idea of "professional landscaping" and it looks tacky. No actual professional arborist or landscaper is consulted for planning. I call it "Landscaping by Kmart" because it is clear that the materials that are used come from such. But bear in mind, owners regularly receive letters over their lawn and trees needing trimming and replacement, their sidewalks and driveways needing pressure washing.

The pool house has been remodeled into something that looks like it came out of the 70s- repainted in garish colors that aren't on the community color palette. Owners had no say or vote on it- it was chosen by a Board member who has no experience in design (at least not in this century).

The common areas also now have cameras trained on every possible angle. Prisons have nothing on our camera system. Again, owners had no say in the installation (or cost). Yet to date, the cameras have not been used to "identify" some perpetrator. Which makes me wonder what the cameras are actually being used for.

There are signs posted everywhere and more to come. Again, we have a Board who has decided to plaster warning signs of all nature in common areas and in landscaping. The visual clutter has become astounding. Warning signs for trespassing, towing, neighborhood watch, rules, etc. A military installation has nothing on this HOA when it comes to warning signs.

In the meantime, the entrance sign to the community is in disrepair, the parking lot needs to be resurfaced, the landscaping needs to be replaced...but we have cameras galore, warning signs, and general tackiness.

Then there is the Board controlled ACC. Hand picked by the Board, these folks seems to employ the buddy system. If you are their buddy then you can get anything approved, whether it is a non-palette painting color or scheme, landscaping removal without replacement, landscaping additions where there should be none, etc. If you are not in that clique, you will be held to the original restrictions. This has created a hodge-podge look in a high density housing development.

Then there are Board member pet projects. Rather than correct the deficits, the Board regularly decides to add their own vision of improvements. Those improvements (besides tacky landscaping, cameras everywhere, a tonnage of warning signs, and garish paint jobs) have also ended badly and look like someone's project gone bad (reference anything with "Nailed It"). There has been nothing that ends up looking like an experienced professional did the work.

I have photos of the community when it was new. Sadly, what was a beautiful community looks horrible So no, I didn't get my $6500 investment and the community has not gotten their $3 million investment out of this "deal".
JimR26 (Alabama)
Posts: 27
Posted:
No one could have stated it better AnnH5. Excellent posting. Now watch the main posters former and current board members who live for this site to defend HOAs and defend their HOA. They will tell us all that you've been wronged, but YOU can correct it by voting out the current board. An HOA is a breeding ground for tyrants.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By JimR26 on 05/25/2015 10:15 AM
No one could have stated it better AnnH5. Excellent posting. Now watch the main posters former and current board members who live for this site to defend HOAs and defend their HOA. They will tell us all that you've been wronged, but YOU can correct it by voting out the current board. An HOA is a breeding ground for tyrants.


Well said Jim. All HOAs are evil. All board members are tyrants. I had a complaint once, and I didn't get my way - Which proves my point. Things in my HOA just aren't up to my standards - and what we get costs more than I want to pay. I'm so glad we have this site so that we can bitch and moan together. Thanks pardner.

Sikubali jukumu. Read all posts at your own risk.
AnnH5 (Florida)
Posts: 304
Posted:
I do not believe that all HOA are bad. I drive to other HOA communities that are well maintained, aesthetically pleasing, and have held onto property values. I don't think my concerns about my HOA are about my "not getting my way". Rather, a few egocentric others are doing as they please. I wish I could post photos. I don't think anyone would look at them and think the conditions were of high standard (or even medium standard).
JimR26 (Alabama)
Posts: 27
Posted:
NpS was responding to me, rather than you AnnH5. Yes, I'm afraid NpS is convinced that he is an Apostle of Virtue. It's a personality trait of all tyrants.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By JimR26 on 05/25/2015 11:44 AM
I'm afraid NpS is convinced that he is an Apostle of Virtue. It's a personality trait of all tyrants.

Prefer pragmatist over apostle or tyrant. Extremist labels don't really suit me.

Sikubali jukumu. Read all posts at your own risk.
KerryL1 (California)
Posts: 14,550
Posted:
Hey, JimR, the purpose of this forum is to be: a positive place for HOA leaders to share ideas and learn. It's a forum to discuss topics concerning our association duties.

I can't see in what way your posts are helping anyone. Perhaps you can give us an explanation about why your posts have any value to HOA leaders or members.

PitA: Talk about Jabberwocky! Your cite above is a mess. This quote doesn't even make sense: "The courts resort to equitable servitudes law, which simply requires the acceptance of a deed in order to bind the home buyer to the CC&Rs sight unseen."

In SC, don't prospective buyers have the opportunity to read the CC&Rs before they code escrow?? Are there some states where buyers actually involuntarily buy into HOAs without seeing the CC&Rs, i.e, "sight unseen?"
TimB4 (Tennessee)
Posts: 21,062
Posted:
Ann,

You stated that the only thing you use is trash service. Then why did you purchase in a development with so many amenities? The fact that you choose not to use the amenities doesn't mean that you can't use them.

As for the issues you describe, I doubt it happened overnight. Where was the membership raising objection? Where was the membership stepping forward to serve on the Board so they could make the decisions? Where was the membership at the open board meetings when these things were being discussed?

Sometimes the way the association is ran is because that's the way the membership chose, by lack of participation, to have things ran.

Jim,

It's the membership who are the checks and balances to the Boards decisions. If the membership chooses not to act when necessary, then those checks and balances are no longer in place and the decisions are left to those who are willing to serve and make the decisions (regardless of how bad the decisions are).

I'll be honest, sometimes things have gone on for so long that it's almost impossible to change them. That's because the changes that would have to be made to correct the previous bad decisions will not have the support of the membership. The "not in my backyard" argument would be rampant.

When things are too far gone, the best option for those stuck in that situation may be to sell and move.

Trust me, I am not pro HOA. In some type of developments (condominiums and town homes), or where there are private roads (i.e. the private road agreement) I see them as necessary evils.

However, if your living in one, the best thing to do is become involved with the Association. Even if that involvement is simply attending a few board meetings as an observer or reading the minutes of those meetings or just showing up to the annual meeting, listening, voicing concerns and voting. Unfortunately, many individuals simply choose not to participate at all.

For those who see problems and want to try and address them, the lack of participation simply makes it harder (if not impossible) to do as they need membership support to make things happen.

As I said, sometimes the membership simply gets the type of Association they have chosen to have.
PitA
Posts: 311
Posted:
ONE
PitA: Talk about Jabberwocky! Your cite above is a mess. This quote doesn't even make sense: "The courts resort to equitable servitudes law, which simply requires the acceptance of a deed in order to bind the home buyer to the CC&Rs sight unseen."


TWO
In SC, don't prospective buyers have the opportunity to read the CC&Rs before they code escrow?? Are there some states where buyers actually involuntarily buy into HOAs without seeing the CC&Rs, i.e, "sight unseen?"


ONE: "...equitable servitudes law, which simply requires the acceptance of a deed in order to bind the home buyer to the CC&Rs..." is an actual legal fact - you are bound whether you have read or not (for whatever reason) when you SIGN the deed

TWO: Yes, but misleading. Many first time buyers have no idea of the EXISTANCE of HOAs.
When a RE agent or the seller claims there is none they (naively) 'sign on the dotted line' whereupon ONE comes into play. Yes, the CCRs are 'public documents', but, many buyers do NOT understand Caveat Emptor and believe they are protected by the attorney and/or RE agent.

As per general contract common law: A contract must be fully understood prior to execution or it may be considered null and void.

Equitable servitude assumes that the unknowing signatory receives equivalent value for the signature - if the HOA is poorly run, they DO NOT.

In any event, thanx to HOAs, the 'county' is off the hook for major utilities - said major utilities become VERY VERY expensive down the road for private maintenance since the required vendors are in it for the profit as opposed to the 'county'.

Yes, gov. work may be inefficient, but, private work has a MINIMUM 20% profit built in.

And is taxpayer at large funded.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By PitA on 05/25/2015 4:00 PM
As per general contract common law: A contract must be fully understood prior to execution or it may be considered null and void.

Equitable servitude assumes that the unknowing signatory receives equivalent value for the signature - if the HOA is poorly run, they DO NOT.


No common law requirement anywhere that the contract be fully understood. May be voided for a variety of reasons, but lack of understanding is not one of them.

Equitable servitude makes no assumptions about receipt of equivalent value. Only makes one's rights in one parcel of land subservient to (dependent on) another.


Sikubali jukumu. Read all posts at your own risk.
KerryL1 (California)
Posts: 14,550
Posted:
Then I applaud the states where the seller is required by law to provide all of the relevant docs to the prospective buyers before the escrow is closed. I don't know if SC is one of them.

But I don't think our constitution or certain states' laws forces buyers to actually read the documents, i.e., to educate themselves before they buy houses, cars or dishwashers.
KerryL1 (California)
Posts: 14,550
Posted:
You've stumped me about the "private" utilities, PitA. Ours all are municipal or county. Are you saying that some HOAs must get their utilities from private sources.

I've tried to understand equitable servitude in the past, NpS and just don't get it. In your example, my rights to use my condo depends on my rights to use the HOA's common areas? I still don't hunk I get it. Would you mind providing another kind of example.

I have Googled it or law in equity, but....I seem to be very dense about the topic.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By TimB4 on 05/25/2015 3:34 PM
However, if your living in one, the best thing to do is become involved with the Association. Even if that involvement is simply attending a few board meetings as an observer or reading the minutes of those meetings or just showing up to the annual meeting, listening, voicing concerns and voting. Unfortunately, many individuals simply choose not to participate at all.

For those who see problems and want to try and address them, the lack of participation simply makes it harder (if not impossible) to do as they need membership support to make things happen.

As I said, sometimes the membership simply gets the type of Association they have chosen to have.

Seconded and thirded. Being involved is the only sure way to influence things. There are no HOA Police that investigate wrongdoing or prosecute rogue boards. There are many humorous definitions of "politics" many of which contain nuggets of truth and wisdom. My favorite definition is one by Hunter S. Thompson, who said, "Politics is the art of controlling your environment". You simply have to get in the milieu to have a say.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By KerryL1 on 05/25/2015 4:24 PM
Then I applaud the states where the seller is required by law to provide all of the relevant docs to the prospective buyers before the escrow is closed. I don't know if SC is one of them.

But I don't think our constitution or certain states' laws forces buyers to actually read the documents, i.e., to educate themselves before they buy houses, cars or dishwashers.

Amen! I think Indiana just updated its HOA law to require such disclosure beginning July 1 and I believe homeowners should be aware of HOAs and what that means before they buy. But as you said, there's nothing in the US or state constitution that requires people to educate themselves and read all those documents at closing before they buy. It's a shame that people spend far more time making a grocery list than reviewing the paperwork involved with buying a home, although they're spending scads of money.

I didn't know a lot about HOAs when I started looking, but I knew I didn't know much of anything about home buying at all, so I took some free classes sponsored by a local organization that assists first time homebuyers through the entire process, starting with determining if you're even ready to take that step. While looking at various houses with my realtor, I first learned of HOAs - I thought they were some sort of enhanced block club, but then picked up some information from the class and as the dickering over price began, I asked for a copy of the current budget and the last 6 months of newsletters to get an idea of what the community issues were.

Looking back, I must say I would have done a lot more homework on the HOA's finances - it's always had a large number of delinquencies and I didn't realize how much that can affect services until I joined the board and started reading the reports. My realtor said he thought I might have to nag the Board to do certain repairs, but I'm fortunate that I haven't had to make many requests and when I did, the work was usually done within a week or so.
And the last time I checked, I still have the right to vote, practice whatever religion I want, say what I want, etc.

Bottom line - people have to take some responsibility and ask questions before they jump in. There's good and bad in HOAs like anything else in life and if you're going to live in one, you have to accept the fact that you're going to have to pay closer attention to what's going on. If people really don't like HOAs and want to see them gone, they need to go to their city councils or state legislators and demand they take action because the cities and counties are the ones who mandate HOAs be established for new communities. Of course, that will also mean people will have to be willing to pay for the streets, sidewalks and other infrastructure that the city doesn't want to pay for. People will also have to figure out how THEY will address the neighbors with the hot pink house, the junk cars in the front yard, and the kennel full of pit bulls in the back - because the city will be too busy dealing with other things.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AnnH5 (Florida)
Posts: 304
Posted:
Tim,
When we moved into this neighborhood, it was brand new and we liked the amenities. Everything was in pristine condition. Our gradual slide into not wanting to use the amenities probably started when there was a group of foul mouthed teens who used to hang out at the amenities. We didn't want to subject our younger children to it. After that group moved on, the common areas declined to the point of being unpleasant to use. Who wants to picnic in weeds and ant hills? The playground equipment has been cleaned once in 10 years and is surrounded by weeds. The court nets are filthy and have never been cleaned. So it isn't that we bought in a community with amenities that we never wanted to use. The amenities are simply too unpleasant to use. Many of these issues have been pointed out to the Board but rather than correct the problems, they continue to engage in their own pet projects and agendas.

The decline in the quality and lack of maintenance started on Day 1 of the owners taking control of the Board from the Developer. The first year was spent with the Board trying to get a handle on the Association. Fair enough. The next year, there was definitely a shift. Ever since then, the quality of Board members has been hit or miss. I know I always get in trouble for saying this, but not everyone is meant to serve on a HOA Board. What should have happened on Day 1 is that the Board should have created a maintenance and replacement plan and budgeted accordingly. Instead, they remodeled the clubhouse so that one of the former Board Presidents could "meet his friends in the clubhouse for a game of cards".

The last 3 years have been dreadful- definitely the implementation of someone's personal vision of the community. Out of the current Board members, I would say that only one may be truly the qualified. The others have their own agendas and do what they want to do, not what the community wants. They bend the rules to suit them as well. They also misrepresent the community in that they will say that they have "overwhelming support" or "community approval" for their ideas when the reality is that they have 15 owners who "support" their agenda. We have also watched these people harass vendors and make up false accusations against vendors and spread those falsehoods in the community to garner support. We have lost so many vendors and bidding out doesn't get us a large pool of potential bidders like it used to.

Why the apathy from the other owners? If you speak out against the Board or question their decision, you are branded as a troublemaker and the Board has their buddies launch personal attacks and spread rumors about the person who has spoken out. The common wisdom seems to be to keep low to avoid the drama. At least among the few original owners who have been around long enough to see it all. We have watched these current Board members cause problems over the years for the few decent people who have served. The decent people tend to get off of the Board rather than deal with the headaches that these individuals can and will cause. Others have volunteered for committees and have been turned down by the Board if the Board has a personal agenda against the person who wants to volunteer.

The other thing that caused so much apathy was the hard housing market crash in this state. The community is now a mix of retired people who seem to be on a fixed income and will die in their homes, many rentals, many foreclosures (ongoing in this state and projected to last for several more years due to the backlog in the courts), and overall a higher turnover of ownership. Some homes are on their 3rd and 4th owners in 10 years. Nearly half of the homes on our street alone are now rentals. Rental owners are either hedge funds or owners who had enough money to throw in the towel and move but held onto the house rather than sell at a tremendous loss. It is not an entire community of owners who are in it for the long haul and have a vested interest.

I don't think that all HOAs are evil. Our family is definitely gun shy about buying into another HOA community. Sure, it could be very nicely operated now but what about next year or in 5 years? Would we be in the same type of HOA that we are currently in right now? I hold very little hope that a group of well-educated, honest, business savvy individuals will end up on our Board. While we have our exit strategy, we don't want to end up in the same mess.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By KerryL1 on 05/25/2015 4:57 PM
I've tried to understand equitable servitude in the past, NpS and just don't get it. In your example, my rights to use my condo depends on my rights to use the HOA's common areas? I still don't hunk I get it. Would you mind providing another kind of example.


Servitude = restriction on the use of land (by someone who is not in possession of the land). Examples: No pets. Only single family houses that are between 2000 and 3500 s.f. Etc.

The servitude attaches to the land. Example: A buys a lot in an HOA (contractually subjects his lot to the servitudes of the HOA). A lets it sit and doesn't build anything on the lot. B takes possession of lot. B acquires title by adverse possession. Even though B wasn't a party to the contract, she cannot escape the servitude. It's the land that is subject to the servitude no matter who owns it or who has possession of it.

Equitable = has to do with the nature of the relief available through the courts. Relief under contract law generally comes in the form of money damages. You breach the contract - the other side gets awarded money damages. But equitable relief is different - it allows for the enforcement of restrictions instead of just the payment of money.

So in the no pets example, the HOA can get a court order for the removal of pets in addition to recovering the removal cost. In the s.f. limit example, the HOA can force the full or partial dismantling of a 6000 s.f. house. Etc.

Hope that clarifies it a bit.

Sikubali jukumu. Read all posts at your own risk.
PitA
Posts: 311
Posted:
You've stumped me about the "private" utilities, PitA. Ours all are municipal or county. Are you saying that some HOAs must get their utilities from private sources.


The engineered storm water management system a/k/a the lake(s) or the pond(s).

The engineered storm water drainage system.

The construction cost (even if later 'dedicated' to the public) of the roads is 'built in' to the home price as opposed to being funded by taxpayer general funds. If the roads are kept private, even better for the 'county'.

Street lamps and the electricity to operate them, sometimes even if roads are public.

The landscaping and entrance signage.

etc.

KerryL1 (California)
Posts: 14,550
Posted:
Ohh, PitA; when you wrote "utilities," I thought you meant gas, electricity, water, etc. i didn't know you were including entry monuments, street lamps, etc.

thanks, NpS, you've helped my a lot!
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By AnnH5 on 05/25/2015 6:03 PM

Sure, it could be very nicely operated now but what about next year or in 5 years? Would we be in the same type of HOA that we are currently in right now? I hold very little hope that a group of well-educated, honest, business savvy individuals will end up on our Board.

And that is one of the reasons why I continue to serve on the Board.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By TimB4 on 05/26/2015 12:43 AM
Posted By AnnH5 on 05/25/2015 6:03 PM

Sure, it could be very nicely operated now but what about next year or in 5 years? Would we be in the same type of HOA that we are currently in right now? I hold very little hope that a group of well-educated, honest, business savvy individuals will end up on our Board.


And that is one of the reasons why I continue to serve on the Board.


I've decided to serve 3 2-year terms on my board. I'm midway through it now. I have certain objectives that I want us to accomplish while I'm on the board - most of them involve getting our financial house in order, streamlining our systems so that we can be more responsive to the community, and recruiting people who think beyond their own personal preferences.

After the end of my 6 years, I know that things won't get done quite so well. But a lot of things will be in place that weren't there before.

The trick is in figuring out how to plan yourself out of a job and being willing to accept the slippage that will inevitably take place when you go back to being an ordinary citizen.

Sikubali jukumu. Read all posts at your own risk.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By AnnH5 on 05/25/2015 6:03 PM

Why the apathy from the other owners? If you speak out against the Board or question their decision, you are branded as a troublemaker and the Board has their buddies launch personal attacks and spread rumors about the person who has spoken out.

Yep, nobody said it would be easy.

If you don't stand up to a bully, the bully always wins. It took me three years to gather the support needed. During that time, and for a few years after, I too was labeled and had personal attacks against me. Some still believe those things about me. That's life.

Quote:
Posted By AnnH5 on 05/25/2015 6:03 PM

The common wisdom seems to be to keep low to avoid the drama.

I thought that way for several years. Lived by the "you leave me alone I'll leave you alone" philosophy. Once the group had gone after others, they came after me for stupid things.

Glad I finally got involved and withstood the personal attacks. It took a long, long time and for most of that time I thought I was in the fight alone. Even though sometimes the membership gets the type of Association they have chosen, sometimes the membership is simply looking for someone to step up to the plate that they can get behind and support.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 05/25/2015 4:24 PM
Then I applaud the states where the seller is required by law to provide all of the relevant docs to the prospective buyers before the escrow is closed. I don't know if SC is one of them.

But I don't think our constitution or certain states' laws forces buyers to actually read the documents, i.e., to educate themselves before they buy houses, cars or dishwashers.

Kerry hit the nail on the head. Our original owners/buyers had to sign a piece of paper saying they had received a copy of or Covenants, Bylaws, and Rules and regulations. Their copy included a signature page acknowledging they had received their copy. This was part of a 30 day pre-purchase package during which time one could back out and all monies were refunded.

To this day, our biggest problem children are original owners that went through the above but still never bother to read what they were given or they read/interpret them the way they want to.

KevinK7 (Florida)
Posts: 1,343
Posted:
I have gotten a bad taste for HOAS from my last 2 neighborhoods. My family bought both houses specifically because there was limited and reasonable deed restrictions and a voluntary HOA. In both neighborhoods the board was run by an ambitious clique, hired the same questionable lawyer and started rewriting the rules. The altered the bylaws and articles of incorporation to give the board more power and then got 51% of the neighbors to sign on to establish mandatory membership and fees for all. Then when the C&Rs expired they ignored the law and pressed on. What makes this worse is that they make up rules on the fly, like granting membership waivers one day out of the year (but requiring people to pay a full year of assessments) or trying to implement architectural control despite nothing granting them that power. I have talked to people wishing to buy homes in the neighborhood and they were turned off specifically because of the HOA'S shenanigans.

I am sure there are well run associations and associations right for certain people but there are some that should be shut down.
PitA
Posts: 311
Posted:
Ohh, PitA; when you wrote "utilities,"....


To be precise regarding the 'elephant in the room', the term is:

Engineered storm water management utility.

What the developer calls: the Lake or The Pond.

You know, the 'thingy' that needs dredging every 20-30 years at a higher cost than its' original construction.

Oh, the joys of ownership

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here