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EllenW (Oklahoma)
Posts: 6
Posted:
Am just curious if there is any way to opt out of HOA?When this condo was purchased we were told the fees would be a lot lower than what they actually are (approx 2.5 times lower).Not sure if there is a way but if anybody has any info it would be greatly appreciated.
RogerB (Colorado)
Posts: 5,067
Posted:
Probably not Ellen; suggest you read your CC&Rs.
RobertG (Arizona)
Posts: 505
Posted:
As has been said many places, the covenants go with the land, not the owner. The only way out is to move (given RogerB's advice) if the CC&Rs won't allow it.
EllenW (Oklahoma)
Posts: 6
Posted:
will certainly read up on it,just a disappointment that we were misinformed at time of purchase but thankyou again for the advice.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Atleast you weren't misinformed you were in a HOA or Condo association. Many here don't even get that. Sorry the fees were higher than you thought. It can go with the terriotory with a HOA. There are times that fees have to be raised to have the amenities taken care of. A HOA is ONLY funded by the owner's for the owners.

I live outside of a HOA now. However, looking at what I got for the money paid on dues in a HOA, it was MUCH cheaper. My HOA paid for our lawncare, clubhouse/pool access, garbage pickup, due collections, rule enforcement, and some common area maintenance. All this for $50 a MONTH!!!

Living outside the HOA, I have to pay a lawncare person about $35 - $45 to mow my yard EACH week. Garbage pickup fees are $13 a month. If I had a pool, I'd be responsible for paying for ALL the chemicals and upkeep. If I wanted a violation of a neighbor who's put an outhouse in the front yard, I'd have to go to City council and wait months for something to happen if ever. There would be no common area maintenance, I am responsible for my yard.

So instead of being upset at the costs. Look at what your getting for it. I am sure there is even liability insurance that part of the dues money covers. That's yet another expense that I've got to carry on my own as well. Be happy with what your getting.

Former HOA President
PaulM (Pennsylvania)
Posts: 1,347
Posted:
EllenW: If it is any consolation to you, this is a common complaint. The builder/developer sometimes determines a 'low fee' to draw you in to buy. Obviously, if the fee is too low to cover assn. expenses, it has to be raised.
RobertG (Arizona)
Posts: 505
Posted:
Quote:
Posted By MelissaP1 on 06/26/2007 2:12 PM
Atleast you weren't misinformed you were in a HOA or Condo association. Many here don't even get that. Sorry the fees were higher than you thought. It can go with the terriotory with a HOA. There are times that fees have to be raised to have the amenities taken care of. A HOA is ONLY funded by the owner's for the owners.

I live outside of a HOA now. However, looking at what I got for the money paid on dues in a HOA, it was MUCH cheaper. My HOA paid for our lawncare, clubhouse/pool access, garbage pickup, due collections, rule enforcement, and some common area maintenance. All this for $50 a MONTH!!!

Living outside the HOA, I have to pay a lawncare person about $35 - $45 to mow my yard EACH week. Garbage pickup fees are $13 a month. If I had a pool, I'd be responsible for paying for ALL the chemicals and upkeep. If I wanted a violation of a neighbor who's put an outhouse in the front yard, I'd have to go to City council and wait months for something to happen if ever. There would be no common area maintenance, I am responsible for my yard.

So instead of being upset at the costs. Look at what your getting for it. I am sure there is even liability insurance that part of the dues money covers. That's yet another expense that I've got to carry on my own as well. Be happy with what your getting.

Even though your point is a good one, I think you are mixing apples and oranges. If you live outside the HOA, then you don't have any common area, so the lawncare, pool, garbage fees would not be a cost item. If you have your own lawn, pool and live in a city, then you would have to pay for these items even if you lived in the HOA. As long as you are talking about planned communities and not condos, the only thing you pay for in an HOA is the common area maintenance.

The point about violations is a good one, though through the stories in these forums, some would argue that it might be faster to get the city to resolve the issues.
DJ1 (Ontario)
Posts: 798
Posted:
It pays to do your research. ie. Make SURE the CCR's ARE registered against your property. In our case the developer apparently sold the first 34 of ~114 lots BEFORE he registered the CCR's. That left 34 of us OUT and NOT bound to the CCR's. Don't assume the developer know what they are doing. In our case, based on the end results, they were incompetent at best and negligent at worst. Didn't get the beach cause they screwed that up, didn't register the CCR's on all properties they apparently intended to, and did register the CCR's on the Town park running within the subdivision which would have made the Town a dues paying, voting member of the HOA...until the Town had them remove the CCR's from that land since it was supposed to be free and clear.

All the above imo of course.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I DO live in the city. My HOA was in the city as well. However, a HOA governs itself and funds itself in addition to what the city provides. A HOA may be a gated community. The city does NOT take care of the gates. The HOA funds the cost of the gates, manages the gates, and maintains the gates. The city most likely won't even enter the area without the HOA approval.

A HOA and city coincide with eachother and often overlap but they are separate from eachother. The HOA has to obey local, state, and federal laws. The city doesn't have to adhere to the HOA's rules.

As far as it being "better or faster" for a city to take care of an issue, NOT in a million years! A HOA should be much faster, get better results, and has the teeth to do it. A HOA is much smaller and has limited membership. The board is made up of the peers of the neighborhood. They know exactly the setup and situation of the owner. A HOA also has specific rules that govern it.

A city is much larger and harder to deal with. When my HOA wanted to paint red curbs on one side of the street to mark it as a fire zone, it was years to get it to pass and done. Our board had created the idea and agreed to it. We even mapped it out. However, our streets were turned over to the city. They were NO longer private. So to get our red curbs we had to go to the city. The city had to send a fire marshall and representative to the community. We then had to map out again with them with the board's approval. Then we had to go BACK to city council and get an ORDINANCE passed. That ordinance stated that anyone parking in the red zone is violating the law and can be fined by the police or removed. Then we had to go to the CODE department of the city for them to create a code to allow Red curbs. The Code department ONLY allowed signs of NO Parking. Our HOA rules state NO signs other than for sale/rent. So we got the Code department to approve Red paint. The city then had to go and purchase the red paint. They came out and painted the curbs. Now if someone parks on that side of the road, we can call the police and have them ticketed or removed.

Mind you it took the death of a resident to make this happen. The ambulance got stuck on our narrow roads and couldn't turn around. If we didn't make one side no-parking, more people could have died or houses burned down.

If our HOA still had private roads we maintained, then we could have just purchased the red paint and painted the curbs ourselves with board approval. However, the police wouldn't be able to enforce the law because there would be no law at the city level in violation. The HOA would be responsible for making sure no one parked in the red zone. So which is easier?

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
Paul makes a good point. Often dues start out low to entice buyers. It is entirely possible you were given old information or they raised dues shortly after you came aboard.
hoatalk (California)
Posts: 603
Posted:
Quote:
Posted By EllenW on 06/26/2007 11:32 AM
Am just curious if there is any way to opt out of HOA?When this condo was purchased we were told the fees would be a lot lower than what they actually are (approx 2.5 times lower).Not sure if there is a way but if anybody has any info it would be greatly appreciated.

In NC, the HOA dues are part of the disclosure form that the owner gives the buyer at the time of contract. If you have such a disclosure in your state you may have recourse against the Seller, unless the dues were raised after you bought, in which case that's what can happen with any HOA.

Just remember that a HOA is a non-profit organization of which you are an equal owner/member. For example, if the HOA needs $100,000 to pay expenses and another $10,000 to fund reserves (for future maintenance), then the owners each pay an equal share of the $110,000. The HOA is not making a profit on your dues (if it's all being done correctly). You are the HOA, all the owners are the HOA together. You are basically partners with your neighbors to take care of all common elements.

Of course, the positive is that you also have the opportunity to volunteer to help run the HOA and influence the budget. You can also request the financials as a start.

Best Regards,
HOATalk

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EllenW (Oklahoma)
Posts: 6
Posted:
thankyou all for the advice,i am definitely going to take it on board.The issue we face is we bought a condo,that if we require any maintenance work,the premium alone is $2000.00 and then the funds from HOA happens.I understand other properties req work also but to me it seems ludicris.I just wish we could opt out and do our own repairs.Oh and for interest matters,the pool will not be operational til approx 2013 as the funds cannot support costs as yet.hmmmmmmmm
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I still don't think your getting the point. It's better for you to stay with your condo association because the costs are REDUCED! If the condo needs a $10K repair for your unit's exterior and there are 5 of you in that unit, then you would ONLY pay $2K a piece. However, if you "Opt-Out". That repair could cost you extensively more. Plus any repairs you do, has to MATCH the repairs the other members do. You can't put up pink siding while everyone else has tan. There's still limits, approvals, and rules you have to adhere to even if you do your own repairs.

Yes, I think it's expensive to have to pay the $2K. However, I didn't see where that was required expense. It's just when you need a repair correct? Believe me, doing the job yourself can often times be more hassle, expensive, and time consuming. Plus, what if you face fines for every day your job is incomplete? That's not unusual in a condo/HOA.

Former HOA President
PaulM (Pennsylvania)
Posts: 1,347
Posted:
Posted By EllenW on 06/26/2007 10:18 PM
thankyou all for the advice,i am definitely going to take it on board.The issue we face is we bought a condo,that if we require any maintenance work,the premium alone is $2000.00 and then the funds from HOA happens.I understand other properties req work also but to me it seems ludicris.I just wish we could opt out and do our own repairs.Oh and for interest matters,the pool will not be operational til approx 2013 as the funds cannot support costs as yet.hmmmmmmmm

----------------------

Ellen: I have two concerns re your post--
1) '...if we require any maintenance work,he premium alone is $2,000, then the funds from HOA happens....--Is this determined by an insurance arrangement for a community necessity? ...not an individual condo owner?
2) '...the pool will not be operational til approx 2013 as the funds cannot support costs as yet...' --what is the status of the pool now?

Something doesn't sit right with what you have posted, unless there is more to the story. What do your official documents, CC&Rs, state about the $2,000 premium; and the unfinished pool; also does your condo assn. have a capital reserve fund established for maintenance of community projects?
EllenW (Oklahoma)
Posts: 6
Posted:
Paul,apparently the last president decided the money looked better in his pocket than the bank acct,so therefore they had to start from scratch.I know i need to find the details on it.Secondly,the pool costs too much to keep maintained (25 mtr pool).Have tried to explain that right there is a selling point as they are developing more condos here.New gates,apparently going to raise condo values up by approx $10-15000.
Now i do understand what is being said regarding not being able to put up walls etc but i am actually talking about the interior repairs.
TracyT (Maryland)
Posts: 228
Posted:
Ellen,

Sorry to hear about your previous president. Was he appointed by the developer or elected by the community?

What is the status of your community, does the developer still have it? How could it have gotten turned over to the community without the pool being finished? Is this premium a one time or special assessment in order to re-build the reserves?

Tracy
PaulM (Pennsylvania)
Posts: 1,347
Posted:
Ellen: if a unit owner wants to do interior repairs, does the assn. have authority over what you do inside?
EllenW (Oklahoma)
Posts: 6
Posted:
The pool used to be operational but we have now been informed that we cannot afford to keep it full/maintained.It is run down and not sure who had elected that president but i do believe that action was attempted but nothing could be done to retrieve the money as the cheques were made out to him.I know the whole thing is messed up and as far as interior repairs/work to be done....if we were to go through HOA insurance,we still have a $2000 premium.I don't think it sounds right but i do need to get a copy off ccr's and not sure if i can get it online.As you can imagine,i am frustrated as we are happy to maintain our property OURSELVES but each mnth the cost seems excessive.
The other issue is if we were to be living in a house on our own land,obviously we would still have to maintain lawns and i cannot even call the costs a comparison.....feeling a little duped i guess
EllenW (Oklahoma)
Posts: 6
Posted:
the premium is each time we want work i understand

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