New Home Owner, Seeking Some Advice

Hello all, new home buyer and had to buy into an HOA. Also first time poster to the board, though I've read a few threads. I’m looking for some advice. I just retired from the military last year so this is a first permanent home for my wife and I after a couple decades of frequent military moves. I am quite concerned about the restrictive nature of living as a subject of an HOA and I really did not want to do so, but my wife could not be talked out of our home. You know the saying, “Happy Wife Happy Life”

As luck would have it the annual meeting is in about two months so I’ll have the opportunity to meet the Board People and a my fellow community folks. Since I’m concerned what the HOA will do now and in the future I’m considering getting an lawyer to accompany me to at least the annual meetings. I think it might be best to have such a lawyer at the start so anything the HOA tries to do to me I can have a ready legal opinion in place. Honestly, it bothers me a great deal that in the United States I am going to have to be ready to deal with the unreasonable HOA members who will work to tell me what I can paint my house or shutters or what have you. What is the point of home ownership if I can’t enjoy my home without interference from the people who pay no part of my mortgage and I’m not bothering them.

The crux of my question to this group is, what would you consider to be “best practices” in dealing with HOA actions and what are the common problems that will arise as the years go on? If there is a web page or list i can see then that would be helpful, thank you.

Carl

In your brief time there you are beginning to sound like the neighbor from hell.

Carl

First, as a Vietnam veteran to a more recent one, thank you for your service to your country and to us.

My advice to you is first to abandon the idea of taking a lawyer with you. Depending on the Association, he may not even be admitted; if he or she is, they most likely will not be permitted to speak. It is unlikely anything will be said or will take place for which having your attorney present will be useful.

If you have not yet received the annual meeting package, read through it when it arrives--if the meeting is two months out, you should receive it sometime between now and about three weeks prior to the meeting, hopefully sooner than later. Generally, the Bylaws of the Association will stipulate the Agenda to be followed at the Annual Meeting. The agenda as described in the Bylaws may not include an Open Forum period during which owners in attendance may address the Board and the Association, hopefully your Association has added an Open Forum to the process as many have. In Texas Open Forums are required at Board meetings, that may extend to Annual Meetings as well, I just don't recall. If there is one, I suggest you introduce yourself as a new owner, state you look forward to meeting your neighbors and the members of the Board, and want to learn as much as possible about your association. Especially as you have said you have no experience with association living.

Secondly, your best course of action will be to educate yourself about what your association does, what it is responsible for, what you are responsible for, and what processes you are required to follow. Find out who the property manager is, introduce your self, and ask what the process is for asking questions.

I suggest you read closely the Bylaws, Covenants, Conditions, and Restrictions, and other documents the State of Texas requires you be given prior to closing. If the process was followed properly, you should have received the documents during the option period, either from your agent or the title company. If you did not receive them, contact your agent and the title company. Your Association may publish a set of Guidelines or similar documents which state in plain language architectural guidelines, pool rules, and other processes used by the Association.

I think you will find HOA living is a little like living in base housing in the military. There are rules to be observed, guidelines to follow. True there are rogue HOA boards or board members and sometimes it is necessary to take steps you would prefer not to. If your association is well managed, your most common contact with the association will be assessment payments, reading a newsletter if one is published (or reading the website if there is one), and receiving notices of meetings--which in Texas you are required to receive in one form or another.

Good luck

If your intent is to be labeled as a trouble maker, bring the attorney.

If you simply concerned what an Association may or may not do, read and understand the following:
1) Your governing documents:
Deed Restrictions (aka Covenants, Declaration, Declaration of Covenants, Conditions & Restrictions, CC&Rs)
Articles of Incorporation (if incorporated)
Bylaws
Resolutions (formalized decisions of the Board). Typical resolutions are architectural guidelines, parking policy, collection policy, etc.)

2) Applicable HOA/Condo law

3) Applicable Corporate Law.


The typical problems my Association runs into with new homeowners are:

Failure to seek and obtain permission for any exterior change (if in doubt, ask - in writing)
Failure to pay assessments (thinks its part of escrow on the mortgage)

Over the years learn the financial health of the Association:
When was the last reserve study?
Are the reserves fully funded (if not, you may see special assessments in your future).
What is the delinquency rate (people not paying assessments on time)

Similar to the military, if you learn the rules, the way the system works and comply with them, you should have no problems. If not, be prepared for potential legal issues.

Similar to the military, it's always better if you are involved with the command structure. Therefore, over time, get involved. Volunteer for committees is a great way to start. Perhaps run for a seat on the Board in the futurel

Additionally, keep in mind that the HOA is not the local police. If there are issues with neighbors contact the appropriate authorities, not the HOA - as there may be little they can do.

Hope this helps,

Thank you for your service.

Tim
USN(ret)

First off, thanks for your service and good luck on your next adventure in life! Here's one person's opinion (15 years in my townhouse community and former board member {10 years, 5 as treasurer})

From reading some of the threads on this website and perhaps seeing news reports of assorted clashes between HOAs and homeowners, I can understand your concern about what might happen in your community. The key word is "might" - while nothing in life is guaranteed, you can prevent a lot of drama by (1) reading your documents (2) being a good neighbor (3) assume nothing - ask about anything you don't understand (4) get involved in your community (5) read the board minutes and financial reports and (6) keep a paper trail if problems develop.

(1) Reading Bylaws and CCRs can be intimidating, especially with all the legalese, but it's important that you know how the association is supposed to run (Bylaws) and what you can and can't do regarding the common areas (CCRs). You may want to check if there are some association documents, such as a homeowner's guide, that provide this information in plain English - if so, get it and read it. The rules may not be as restrictive as you think - ideally, they're designed to preserve the overall look and design of the community and promote decent behavior (e.g. no loud parties at 3 am when people are trying to sleep or dog poo strewn everywhere).

(2) It's a shame that community rules are sometimes necessary because people have that "it's their house dammit and they'll do whatever they damn well please and to hell with everyone else." And yet, being a good neighbor isn't so much about specific rules but being considerate. You and your neighbors spent a lot of time and money on your home - who wants to live next door or across from people who don't pick up after their pets, throw loud parties at 3 am or let their kids run wild all over the neighbor's yard, tossing litter and trampling over the flowers? Live our lift, but don't be a pain in the butt. Treat people as you'd like to be treated and be the neighbor you want to have - most of the time this really does work.

(3) Assuming nothing is really handy when you're interested in making an exterior change to your home. Check your documents first to see if you need prior approval BEFORE you start, not after you make the change and then scream if you get a violation notice. The neighbors may say you don't need permission and perhaps that's true, but you shouldn't assume - if you need board approval, you need to have it in writing and then you may begin. Make their job easier by providing details - location, type of materials to be used, dimensions, color, estimated start and end dates, etc. Start that paper trail by noting when you made your request and follow up as necessary.

(4) Attending the annual meeting is a great way to getting to know your neighbors (remember, that's what the Board members are and you may find you have a few things in common!). You don't need to bring an attorney with you - just introduce yourself, tell everyone a little about yourself and be sociable. You might also look for opportunities to volunteer for an advisory committee, which is a great way to get acquainted with the inner workings of the Board. Eventually, you may even want to run for a board spot. Even if you don't, attend the annual meeting every year, community gatherings if they have them and, especially, a board meeting once in awhile. Smart boards have resident forums where homeowners can speak up on whatever's bugging them or make comments and suggestions. Take advantage and don't leave when that segment ends - LISTEN to the proceedings so you can understand the thinking behind what's being considered and why the board is voting for specific actions. Any questions, ask after the meeting's adjourned (since these are business meetings, you won't be able to comment or ask questions after the resident forum unless called on by the president).

(5) Some people make fools out of themselves because they object to something the board is doing, but if they'd looked at the board meeting minutes and reviewed the income/expense statements, they would have known the history. Others don't seem to understand that the cost of living goes up every year and the board has to make difficult decisions on how to spend the money and try to keep assessments reasonable for everyone. Reading the board minutes is a great way to keep track of what the community issues are and how they're being addressed. If those aren't available, you need to find out why - nothing the board does should ever be a surprise to homeowners.

This is also why you need to pay attention to the numbers. Some people (including board members) don't seem to have a handle on basic math and budgeting. You can't spend money that isn't there and the money that comes in from assessments have to be spent in a way that benefits the entire community. Everyone needs to know how much is coming in, how it's being spent, if reserves are being funded, if the board is taking legal action against delinquent homeowners and so on. If the money seems funny, you need to ask questions - "I don't know" is not an acceptable answer.

PS - you do not have a legal right to withhold assessments because you object to what the board is doing or not. Paying assessments is like paying property taxes - it's not fun, but you're legally obligated to do so. If you're having financial problems, let the association know so you can negotiate a payment plan. If you wait until you get a nastygram from the association attorney, it'll cost you a lot more in the end.

So that's my sick, twisted, bigoted opinion. Good luck to you and keep coming to this board to see how others address various association issues - you may see some approaches that could work in your community. Or thank God your community isn't nearly as dysfunctional!

HOWEVER

NO MATTER WHAT

PAY THE ASSESSMENTS and keep the receipts/cancelled checks

You will NEVER win a battle over unpaid assessments.

You will, however, lose your home over the major legal expenses.

Carl

Is the HOA under developer or owner control?

When under developer/declarant control you are correct in that the owners have very little to no control. That is why many experienced HOAers will not buy into a development not under owner control.

When under owner control the owners elect their BOD so that gives them the ultimate control. They elect their leaders.

In the military we all gave up some rights and it is the same in an HOA. As you voluntarily joined the HOA you gave up some rights and you agreed to do it their way. You were not drafted, forced, etc. You joined the HOA willingly so learn to live with your decision.

I'm with JohnC. In fact, why not get back to us with the US, local laws and your HOA's rules about flying the US flag? How big? Where? When? Made out of what materials? Can you erect a 40 ft. pole in your front yard? Your attitude tells me you're heading towards an unhappy wife.

Proud of my US Navy family: Navy pilot uncle shot down over N. Korea saved by Army pilot (couldn't a save his leg, though; big LA Times headline ca. early-mid '50s); spouse of Navy vet.; daughter was Fire Control Tech ( non-sub); son-in-law, two tours as Navy SEAL.

To answer some questions...

1) The community is under the HOA's control not a developer

2) I've read most of the relevant documents.

3) I do understand the flag flying rules the HOA requires. I read those darn near first as they were of particular interest to me.

4) Since I've only just moved in there have not been any issues yet.

5) I do understand I've voluntarily submitted to the Will of the HOA, as I mentioned initially I was trying to avoid it, but it was not to be.

I'm just trying to be prudent and cautious. From the decade plus history of this board and a good bit o fhte other internet surfing I've done I have learned that care must be taken before dealing with an HOA gets out of hand. I don't think it will ever sit quite right with me that I don't have freedom in my own home.

Wow... Where do one start? First and foremost DO NOT bring a lawyer to a meeting!!! They are NOT members of your HOA. Which means they have no real right to be there. A lawyer worth his salt will even tell you they are NOT able to attend the meeting unless the HOA agrees to such. Something I am sure would stick in the members crawl in first perceptions...

Flag flying? I am sorry but I am just as American as you are. Does flying a flag make me "More American" because I fly a flag in my yard? Our HOA we had a flag. It was at the front entrance. We followed the proper rules/guidelines in flying that flag. There are actual rules (NOT HOA's) for proper flying and caring for an American Flag. Those do include keeping a light on the flag if you do not plan on taking it in. Must be taken down before sunset and put up at sunrise. It must in good condition and not tattered. There is a long list and this is just few examples. (You can google this). So your going to claim your HOA is horrible because they give you a notice that your flag flying is in violation of proper respect/protocol?

I hear people like you all the time. "I don't want to live where someone can tell me what to do with my house or yard...etc...." However, once you explain to them that the reason for this is so your home and those around you stay ATTRACTIVE to potential buyers the tune changes. I give the following example:

Let's say your neighbor decides to put an "outhouse" in their front yard. (Moon door and all). Now if your living in a NON-HOA what are your options in having this removed? You have to go to the city. File a complaint with them. They then investigate. If in violation then they may fine them or force removal. This process can take months or years. In a HOA the process is a bit faster. The HOA can have the outhouse removed and send the owner the bill for the cost of removal. (There's many more factors here but keeping it SIMPLE). If the owner doesn't pay, then they can lien them for that expense. So which approach do you prefer?

Stop giving HOA's a bad name when they have not even earned them yet. Believe it or not, there are some "good" HOA's out there. If they aren't, then you have a chance to change them. It's all there and the power is all you and your neighbors...

Your quote "I don't think it will ever sit quite right with me that I don't have freedom in my own home" is pretty telling. You probably should have stood firm with your wife and bought a home in a community with no HOA. But too late for that now so I suggest you try to get on board with HOA living and participate in the process.

Do not bring an attorney to the annual meeting. It may get you off on the wrong foot from the start. Attend the meeting. Learn what you can. Accept that you live in a community with some restrictions. If there is something you feel is wrong, speak up. Always be respectful but get your point across.

I had a very bad experience with my HOA and I will not get into the details but I was sued by them. We settled out of court after me and the HOA spent thousands of dollars on attorney fees. Always talk first to resolve a dispute (hopefully you never have one.)When attorneys and money are involved bad feelings can remain for a very long time. My neighbors are just now coming around to be friendly. I was bitter for awhile but have moved on.

You may be surprised and enjoy your life in an HOA and appreciate that there are rules and restrictions.

Thank you for your service. I come from a family of military folks. My mother was a WAVE in World War II. She died just a year ago July 13 at age 94. She was very proud of her service. My father was also a World War II vet. My husband served as did my oldest son.

The PRIMARY purpose of any NEW HOA is to relieve the county/locality/state of the 'burden' of building/maintaining storm water management (and other) infrastructure.

And possible the roads, if a 'private' community.

Said maintenance will be performed/overseen by a volunteer BOD composed of AMATEUR homeowners.

Trust your 'gut' ~ run run fast run far

Carl, In respect to flying the flag. 2005 Congressional act passed tells State, Local and HOA's to stick it where the sun don't shine.
Fly the stars and stripes and fly em high and proud.

I personally think HOA's should be less concerned about someone's patriotism, especially if they have served this country, the size of the American flag they defended and the size of the pole it is displayed on.

Huh. I was always under the impression that military service men and women defended the Constitution of the United States. Reasonable restrictions regarding the number, size and location of flags that may be displayed are just that: reasonable.

Here is a test of the HOA violation system... Your flying your flag in your yard. The HOA sends you a notification that your light is out on your flag. If you do not replace the light you will need to remove it or bring it in every night until it is done.

What is your reaction? The HOA is stepping on your rights to fly your flag? What business is it of theirs to tell you how to properly fly your flag? Do you recognize the fact that respectfully flying the flag at night a light should be shown on it?

The reality is a HOA is there to be a "sales tool" for you and the other members/owners. The more attractive your homes look, the more likely someone will purchase the home. It is NOT to be confused with Home "Values". So understand the purpose of an HOA before jumping on your HOA....

You missed my point. My point is that was an example of what notifications the HOA may send out to you. How will you react if you get such a notice? Another example: You left your garbage can out still on Wednesday and garbage pick up was Monday. Rules are cans to come back in by Monday night or early Tuesday morning.

These are the type of violation letters a HOA sends out. How do you handle and react to these?

Now that we established that... How would you feel if your neighbor left their garbage can out on Wednesday? Hence why people choose to live in a HOA.... It's not all about you. It's about EVERYONE.

BTW: Suing your HOA is suing yourself and your neighbors. A fact/consequence if you ever sue your HOA... Not saying you may not have a reason. Just saying it's a fact/consequence for doing so.

I would not care if my neighbor left out a garbage can an extra day. Such an event is irrelevant to me. I would certainly not go right to threatening someone over with notices as HOAs do. I do understand the idea of doing something for the greater good of a community.

So you do not think I'm worthy enough to live in an HOA. I am not sure I understand the underlying principle of what it would mean to be "HOA Material" Perhaps I'm a minority in that I am not concerned with how my neighbors live their lives. Further, if I was not willing to try to learn under my new restrictions why would I have come here in the first place? I do not think it unreasonable to not want to be fined and threatened with legal action over something as inconsequential as leaving out my garbage can an extra day or half day. It is unlikely I'll ever agree with that position.

Texas law has a number of protections for property owners, such as a chance to correct violations and the possibly a hearing before getting a fine, and many other checks, balances, and remedies. Apparently, there were others before you who complained, and the Texas legislature passed some laws. So you might want to do an internet search for those laws, and find out which laws apply to your community, because your assumptions may not be correct about the power of your HOA.

Again I am using EXAMPLES people. Something many typical HOA's may issue out to the typical member. It's to judge the reaction of the OP to something as small as a notice. Mind you my example just was a NOTICE. It was never a "fine", "Threat of Removal" or any actions to be taken. It was simply a "reminder notice" that a rule had been violated. How do you think they reacted? How would you react to them?

We don't even know the rules or the type of culture of this HOA is. Already we have been treated to "I am going to bring a lawyer to a meeting"... HOA Boards shouldn't tell one what to do... I KNOW what the rules are... etc.... Does this sound like someone you want in your HOA or one that lives in it already?

No one can kick one out based on all of this in a HOA of course or not join. However, one is making their bed before they have even lay in it. Living in a HOA is living in your own bed. How you address your neighbors (which make up the HOA) is how your going to live in your HOA. Do you want to make it a peaceful living your a combatant one that will make wifey mad? Wifey wants to be happy and she's not going to be if she has someone who is embarrassing them in their own home. Quite frankly getting angry at a simple notice or obsessed with what the HOA can/cannot do doesn't make one's home a happy content one. Wifey gets the house...

My recommendation is to LISTEN to a board meeting. Meet the neighbors. Take a tour of your HOA. See what people seem to care about or not. Not everyone cares about the rules or even enforcing them even if they exist. A big shocker huh? Before you go 0 to 60 slow it down and OBSERVE. Otherwise your actions are speaking louder than your words.

Then why would you CONTRACTUALLY bind yourself to their wishes ?

Just a couple more points then I am done with this topic.

There is a huge difference among HOA's across the country. As I said about mine there are no rules but my personal preference is to lean towards that model. As in Kerry's example of the garbage cans, she would not like garbage cans left out but I can tolerate that more than living in a condo, in a big city with city noise, pollution, traffic, and crowds. Today in my neighborhood the temperature is about 80 degrees with low humidity. I open up my windows and doors and let the fresh air come into the house. I washed bed sheets and hung them on a clothes line. I sit on my deck and watch the finches, blue birds, and woodpeckers come to my feeders. Sometimes I see wild turkeys and deer very close by. Later today, my husband will get out the grill which is just out my patio door on the deck. But...the nearest town is 25 miles away. If we had a medical emergency, it would take paramedics at least 30 minutes to get to my house. The fresh air is great, but rock roads tend to fill the house with dust. Sometimes my neighbor's dog comes over and does his business in my yard. There is no leash law here. If you are one who likes to go to concerts, museums, and cultural events they are miles away.

Carl does seem to be anticipating some conflict with the HOA rules. Just making a guess that he would not tolerate a garbage can being left out for days on end. Or cars up on blocks, etc. I also think, that an immediate response from the HOA for a violation would irritate him. I think some HOA's may give the homeowner a break if it's only an occasional event. But I have heard horror stories where there is no tolerance for any violation and the rules are the rules are the rules... or there are HOA's that take a middle ground approach. Hopefully Carl's is one of those.