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PaulJ6
Posts: 990
Posted:
Why not give people more freedom and reduce the number of HOAs, by shutting down some existing ones and reducing the number of new HOAs? And for HOAs that remain, why not reduce their scope?

I can see that HOAs are necessary in multifamily buildings, in places such as Houston where there is no or limited zoning and in areas where residents all receive a service from the HOA, such as security, and where there could be free riders who benefit from the service but don’t pay for it. But otherwise, who needs them?

In neighborhoods that have an amenity such as a pool, why not just eliminate the HOA and create an organization to oversee the pool, and charge users and not let others in, but otherwise eliminate the HOA?

In neighborhoods that have landscaping at the entrance or the like, why not just require owners to contribute to upkeep of it, but otherwise prohibit the HOA from being able to do anything? Or why not just give the landscaped areas to the owner of neighboring property and let the owner deal with it?

I grew up in neighborhoods without HOAs and we all did just fine. One has a pool in an adjoining community, but the pool was open to everyone in the city who paid a membership fee. Result: no fighting, no HOA board disputes, no HOA counsel, etc. Peer pressure got people to behave, even though there were no fines, hearings, etc.

Maybe reduce the number of HOAs by perhaps 50% and limit the powers of those that remain to truly necessary ones, such as ensuring security or keeping up common areas in a multifamily building.
SamE2 (New Jersey)
Posts: 310
Posted:
Great question. I thought the reason they got popular was as a way to push costs from local government to homeowners. Like when cities made developers install stuff that had to be maintained after the developers were done and moved on. I would like to know the history of HOAs.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By SamE2 on 04/04/2020 4:41 AM
Great question. I thought the reason they got popular was as a way to push costs from local government to homeowners. Like when cities made developers install stuff that had to be maintained after the developers were done and moved on. I would like to know the history of HOAs.

SamE2 has it exactly right. There are too many big-money interests profiting from HOAs and COAs as they exist, and until you change the monetary incentives they're not going away. Local governments, new home builders, land developers, and the realtor profession all benefit. And lawyers to some extent. Local governments are happy to be able to keep taxes down by offloading expenses for roads, sewers and other utilities, and amenities such as parks and recreational facilities onto private citizens. And people who live outside of HOAs benefit as well, from lower taxes and from attractive neighborhoods in their area. (They also lose out, since I think HOAs and COAs are largely responsible for rising housing costs in their areas.)

I think we're going to be seeing more COAs vs. HOAs in the future as housing costs continue to get farther out of reach for a large number of people. There are a number of cities and zoning commissions in the US that are grappling with the problem of unaffordable housing, which is an issue if you want to attract a younger, educated and mobile workforce that is also burdened by student loan debt.

Our only hope for getting rid of these things is if people truly understand their legal and financial structures and decide that they don't want any part of it. I'm not seeing any signs that this is happening - just the opposite, in fact.
SheliaH (Indiana)
Posts: 6,964
Posted:
There's a Wikipedia article on the history of HOAs - https://en.wikipedia.org/wiki/Homeowner_association

As for why they exist today, it's due to - money (everything in the US usually comes down to money). As Sam said, making the streets, sidewalks, etc., the responsibility of homeowners through HOAs helps reduce the city or county's expense in maintaining all this stuff. Not to mention trees, pools, tennis courts, utility lines, etc. The Wikipedia article also talks about racial discrimination in HOAs and although all that went away legally, some communities still want to maintain it. That's one reason why people go ballistic over rentals, section 8 and so on.

I think high rise condos and townhouse communities do need HOAs to ensure maintenance is done because the owners share common walls. If they didn't have them, we'd see situations where one person's section of the roof is ok, but the others don't do anything about theirs, and that winds up with EVERYONE's section of the roof going bad. Then they scream about the costs.

As for single-family homes, I personally don't like cookie-cutter communities, but if people really want to paint their houses hot pink, maybe it's best to let them. If you're the one living next door to or across the secret from it and don't like looking at that every time you come home, you'll just have to suck it up and get used to it. When it comes to issues like junk cars, and Cujo-like critters in the neighbor's back yard, the health department could get involved, but remember, that will require more money to hire people to investigate and prosecute all that. Which then means taxes will go up - a lot.

As for "peer pressure," there's a lot of "I'll do whatever I want and no HOA or whatever's gonna tell me what to do" attitudes in people. Just take a look at how some people are reacting to COVID-19 - they refuse to stay home or at least practice social distancing so they don't put other people at risk. I said in another conversation this pandemic is showing all of us who we really are. On one hand, you have a tremendous amount of generosity among people, while others run around hoarding medicine that lupus patients depend on or buy a ton of hand sanitizer to turn around and sell to make a profit.

Finally, people don't seem to want to try and work things out with their neighbors, but would rather let someone else deal with the problem. I always stress trying to talk to people first, but I'm well aware that there are folks with hair-trigger tempers who do.not.care how their behavior affects others. Instead, one risks getting cussed out, being ignored or worse.

At this point, if you don't want HOAs, you'll have to have a serious conversation with your legislators - and come up with a way to address the money issues. Good luck with that - I know in THIS state, I don't have much confidence in the current bunch dealing with anything.

People are messy and anytime you have a group, you will always deal with various personalities and drama. That's life and it doesn't matter if it's a HOA, PTA, church or anything else. Homeownership isn't a spectator sport, no matter where you live and you have to decide how you're going to address issues with your neighbors. That means if you do have an HOA, you simply have no choice but to keep an eye on what's happening.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 5,144
Posted:
I agree with all that SamE2, CathyA3, and SheliaH posted. Years ago I saw the wikipedia entry Shelia cited. I think it is a worthwhile read for anyone interested in an interesting part of the history of land development. All I have to toss on is that, where I am, the City Land Use Department requires HOAs. A copy of the covenants (to be filed) is included in the developer's application to the City. I believe this is common.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
A HOA is simply a sales tool created by developers to sell their property while able to keep it looking good. People buy into that concept and thus how HOA's are formed. It's NOT an "industry" or a "business". They are Each and every one a separate entity from each other. They are singularly their own corporation so they can be able to collect monies for it's operations.

You don't want one? Do not buy into a home that has one or work hard to disband the one you have. Stop asking the government to do your work for you home.

Former HOA President
BenA2 (Texas)
Posts: 1,273
Posted:
I get your point but HOAs are usually created in Covenants, Conditions, and Restrictions (CC&Rs) and they normally take 2/3 or more of the owners to change. So, the only way to reduce the number is by each individual association doing it on their own. If there was a desire to do that, the numbers would already be reduced, wouldn't it.

As to how HOAs got started, it is a little more sinister than just saving local tax dollars. It's no coincidence that they became popular at the same time as the civil rights movement and were used to keep the "wrong sort" out. Of course, now it is illegal to discriminate based on race but many HOAs have such high assessments that the effect is to discriminate based on economic class.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By BenA2 on 04/04/2020 7:11 AM
many HOAs have such high assessments that the effect is to discriminate based on economic class.
I find it interesting that FHA lenders consider the number of rentals (in, say, a condominium) in deciding whether to make a loan to an individual. Renters are disproportionately folks of color. It's one way that FHA lenders could be argued to be discriminating against folks of color. Does the FHA say that statistics show that renters take less better care of their homes? From where I am sitting, renters are harder to regulate in condos than owner-residents. Yada yada. It's a COVID-19 year.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By PaulJ6 on 04/04/2020 3:49 AM
Why not give people more freedom and reduce the number of HOAs, by shutting down some existing ones and reducing the number of new HOAs? And for HOAs that remain, why not reduce their scope?

I can see that HOAs are necessary in multifamily buildings, in places such as Houston where there is no or limited zoning and in areas where residents all receive a service from the HOA, such as security, and where there could be free riders who benefit from the service but don’t pay for it. But otherwise, who needs them?

In neighborhoods that have an amenity such as a pool, why not just eliminate the HOA and create an organization to oversee the pool, and charge users and not let others in, but otherwise eliminate the HOA?

In neighborhoods that have landscaping at the entrance or the like, why not just require owners to contribute to upkeep of it, but otherwise prohibit the HOA from being able to do anything? Or why not just give the landscaped areas to the owner of neighboring property and let the owner deal with it?

I grew up in neighborhoods without HOAs and we all did just fine. One has a pool in an adjoining community, but the pool was open to everyone in the city who paid a membership fee. Result: no fighting, no HOA board disputes, no HOA counsel, etc. Peer pressure got people to behave, even though there were no fines, hearings, etc.

Maybe reduce the number of HOAs by perhaps 50% and limit the powers of those that remain to truly necessary ones, such as ensuring security or keeping up common areas in a multifamily building.

Paul,

Counter-question..."Why, if you hate HOAs, do you regularly populate an online forum designed for people who lead HOAs, endorse the principles of HOAs and, in large measure, perform well and share their knowledge on best practices?" If you're here to troll this community, I'm taking the bait this one time.....

HOAs exist because groups of PRIVATE PROPERTY OWNERS decide that want to purchase property or merge their communal neighborhood interests under a binding organization that includes the power to levy monthly fees to create commonly shared amenities. Every homeowner willingly registers to be an HOA member through their voluntary choice to purchase property in HOA-controlled communities. It's completely opt-in.

Of course, in the real world, people want amenities but want them for free. As such, only people of the highest integrity would voluntarily pay the dues rates required to maintain a property. What you're suggesting IS an HOA if you're running a pool w/ membership fees "without an HOA." However, the HOA - unlike a private pool operation - is legally required to keep a money-losing pool in operation and cannot shut down.

There is a fundamental misunderstanding of HOAs by too many people who post here these days and this forum really isn't a place for "remedial conversation" on HOA issues and inquiries.
DeidreB (Virginia)
Posts: 113
Posted:
Paul, great post. I agree with your points and all the other posts above as well. In my area, the main (primary) driver of the growth in SFH HOA's is one thing: storm water management. That is my opinion of course.

When developers buy 3 to 5 acres to build single family homes, they clear the land which results in rainwater run off and unless it is managed, it can cause flooding and other problems for existing homes and infrastructure. Hence the need for storm-water facilities which vary in type and complexity from ponds & basins to underwater pipes and filter systems which can be quite elaborate. And expensive over time. Especially when they need overhaul.

Most municipal governments have realized that they can attract the increase in tax revenue from new homes without added infrastructure costs by ensuring that an HOA takes over perpetual maintenance of those facilities. In the past, cities and counties might have prohibited new homes if the resultant rain water run off would exceed the local government's storm water maintenance bandwidth (budget and manpower). Now by using HOA's to manage the rain water run off they can just divert the costs to homeowners and still get the tax revenue.

Of course, the initial new home HOA assessment is set quite low so as to attract buyers. Unfortunately the true long term cost of that facility is unknown but may exceed the reserve fund's capacity down the road if it is not appropriately managed by all the future boards.

I also think that the builders add all the other boiler plate HOA stuff like rules and regulations and standard covenants and extra common areas to help disguise the true transactional nature of the HOA's existence (deflecting construction costs onto home buyers). Face it, if buyers really knew they were going to pay $150 a month forever just so they can be on the hook for storm-water management, they might look at the home purchase a bit differently and question why they are buying there or perhaps look into the long term costs of the maintenance more closely.

IMO, the long term effect of all this is that one day, HOAs will no longer be seen by all courts as purely contractual arrangements but increasingly as a mandatory, almost quasi-governmental entity that may lose some of its teeth over time.

IMO, builders do not want to pay extra legal fees to have the post-declarant phase board's powers watered down to better match the true mission of the HOA (i.e. focus on the rain water pond) as they can use the same boiler plate documents for every community with minor eidts. That is why so many HOAs in our area have very similar HOA documents.

And so in the meantime, I endeavor to make sure my HOAs are governed the best I can.... until such time that buyers put their foot down and demand the home builder industry change the trend.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By DeidreB on 04/04/2020 9:48 AM
In my area, the main (primary) driver of the growth in SFH HOA's is one thing: storm water management. That is my opinion of course.
Interesting point. Not long ago I helped a neighborhood oppose a proposed HOA subdivision (uphill of the neighborhood) via hearings with the City Council. Thee number one concern was all the flooding (including raw sewage on occasion) the neighborhood had been facing. The developer insisted that his plans (thousands of pages) would reduce the flooding significantly, and that the new HOA's covenants and agreements with the City required the HOA to do xyz to ensure flooding continued to be less than before. The neighborhood downhill from the proposed HOA subdivision lost. The developer won. Time will tell. From where I am sitting, DeidreB's point is well taken.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
The most attractive feature single home HOA's offer is shared amenities that owners could not afford on their own such as pools, tennis courts, clubhouse, etc.

In associations that require necessary and shared amenities such as elevators, lobby, halls, parking garages, etc. an association is very much needed to share the cost of such.

I have lived in 5 HOA's. My first was 4 units per building, two upper and two lower units and about 20 buildings, with city streets and tennis and pool.

The 2nd was 4 townhouses per building (3 story, side by side units) with city streets and tennis and pool. About 80 owners.Adjacent to a golf course.

The 3rd was 3-4 townhouses per building (3 story, side by side units) with private streets. 175 owners. We owned a private golf club. Not all owners were golfing members and we had non owner golfing members. All owners were social embrs of the golf club and used their amenities such as pool, tennis, dining, etc. Private streets, private sewage. A very expensive and complex operation.

My 4th was 750 private homes (2500 to 3500sq ft) with public streets. Also pool, tennis, ball fields, walking trails, kiddie playground, etc.

My 5th and present is standalone, small patio homes (1000 to 1400sq ft) with 112 owners. No amenities. HOA does all outside maintenance including landscaping and home exterior shell. Public streets but a dead end neighborhood so no thru traffic. We strive for and maintain a common look. With the exception of a small, fenced in (6ft privacy fence) backyard) one can not make any changes to their landscaping nor the exterior of their home. Carefree living at its best.

The main reason I like HOA's is the control they offer over neighbors. I want my neighborhood looking good and staying that way. If you do not like it nor want to abide, do not buy here. You will not be missed
CarlJ2 (Texas)
Posts: 194
Posted:
To me an amenity is just one more thing that can go wrong and have a HOA fight over, better off without them. Living under a HOA gives one plenty of reason to be concerned about what the board will do next; it's best to minimize the variables.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Sure, Carl,

Can live in tents out in da woods ...

Sheesh ... what a bunch of nonsense.
CarlJ2 (Texas)
Posts: 194
Posted:
I don't think mitigating risk on something that may be considered a nonessential is a bad idea. Depends on if having those amenities is enough of a risk for you to have vs. have something go wrong with the HOA. Given that this board is replete with examples of unfortunate events between HOAs and the subdivisions under them i don't think it's unreasonable. It's like any other form of risk managment and mitigation.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PaulJ6 on 04/04/2020 3:49 AM

Why not give people more freedom and reduce the number of HOAs, by shutting down some existing ones and reducing the number of new HOAs? And for HOAs that remain, why not reduce their scope?

Short answer, that would require membership participation to amend the Declaration of Covenants. Typically 75% to 100% approval from members.

Quote:
Posted By PaulJ6 on 04/04/2020 3:49 AM

In neighborhoods that have an amenity such as a pool, why not just eliminate the HOA and create an organization to oversee the pool, and charge users and not let others in, but otherwise eliminate the HOA?

Typically, a private pool can't always support itself and will need to open up to the public to meet expenses. These facilities often don't have the parking availability that a public pool would need, which causes more problems.

Oh yea, membership participation would be needed to amend the covenants.

Quote:
Posted By PaulJ6 on 04/04/2020 3:49 AM

In neighborhoods that have landscaping at the entrance or the like, why not just require owners to contribute to upkeep of it, but otherwise prohibit the HOA from being able to do anything?

Again, the need to amend the covenants.
Also the argument of why do we need an entrance sign.

Quote:
Posted By PaulJ6 on 04/04/2020 3:49 AM

In neighborhoods that have landscaping at the entrance or the like, Or why not just give the landscaped areas to the owner of neighboring property and let the owner deal with it?

My TN association is like this.
The Associations has zero common area.
The membership wanted to change the landscaping around the entrance signs.
The owner of the property said no.
Upset a few owners.

Personally, I don't see the need for entrance monuments.
Others do.

Quote:
Posted By PaulJ6 on 04/04/2020 3:49 AM

I grew up in neighborhoods without HOAs and we all did just fine. . . . Peer pressure got people to behave, even though there were no fines, hearings, etc.

Ahh, but the times, they are a changing.

Today, it's hard to find individuals who are willing to have a discussion with a neighbor.
They want someone else to do it for them.

They will complain to the HOA about a noise complaint the following day but refuse to contact the police when it's happening.

They will complain to the HOA about a neighbors dog but refuse to contact animal control who actually has the authority to do anything.

They will complain to the HOA about someone taking up an unassigned parking place but not put a note on the car.

They will ask everyone to do something about an issue, demand someone do something about an issue but refuse to become involved to fix the issue themselves.

They definitely won't talk to their neighbor about anything but pleasantries (if they talk at all)
KellyR6 (California)
Posts: 21
Posted:
Like Paul, I grew up without an HOA and my children did as well. Minor neighborhood issues, nothing more. The only HOA I belonged to which was satisfactory was out of state. We had patrol, grounds upkeep and requirement of maintaining our front yard. Less is more. No issues in five years. We will be moving out of state and any HOA must be minimal. We plan to purchase a home with a pool. I'm an avid hiker and need little to nothing from an HOA. Same with my husband.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
While Carl is sounding negative, he is correct in that the less amenities, the easier it is to run the association. The more complex the association, the more chance of mistakes there will be especially from a BOD whose only qualifications were getting elected. One reason I chose my present HOA is we have no amenities. Our owners basically want to be left alone and not get involved in anything. We run on autopilot.
AugustinD
Posts: 5,144
Posted:
I agree with JohnC46 and CarlJ2.
SheliaH (Indiana)
Posts: 6,964
Posted:
I've noticed the HOAs that have gone up around my area in recent years don't have much in the way of amenities - maybe a clubhouse and that's it. It's probably just as well. As John and Carl have indicated, the more amenities, the more expense in maintaining them, not to mention the time and drama in figuring out who can and can't use them because of delinquencies, building accommodations for disabled people (it's easier to focus on adapting the clubhouse restrooms and building ramps instead of stairs), people throwing crap in the pool (or just crapping in it, and I'm not just talking about toddlers), and so on.

hat's why we got rid of our pool and eventually, a decision may have to be made about the playground equipment. It was replaced when I was on the board (over 10 years ago) and I'm sure no one's taken a close look at it to see what needs to be fixed. It's also getting almost as much use as the pool did (not very much), although we have more kids living in the community.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Our modest community is doing very well - 25 years old and looks better every year.

No pool or clubhouse, but we do have a landscaped two acre gazebo park with large, lighted gazebo (new roof and soon to be repainted) and benches for events; a sports park with ball field (reviewing other options god the field), basketball court, kid play equipment, and covered picnic benches; and, a tots park with smaller kids equipment. All are maintained and part of our Reserve Study - Reserve Fund is fully funded. Common areas also have accessible sidewalks that connect to the private sidewalks.

We also have a 100’ wide, mile long greenbelt with paved walking path - landscaped with trees and plantings - kept mowed and trimmed.

Do we work hard to manage this? Absolutely. Is 90% of the community apathetic? Yep, until the grass isn’t cut.

Always a lot of whining about things - get to work and fix and maintain things. Hold owners to their deeded commitments.
CarlJ2 (Texas)
Posts: 194
Posted:
That is what I was pointing out,less amenities can help mitigate number of things a given HOA will take action against the homeowners on. This was certainly a criteria in my home search a few years ago.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By PaulJ6 on 04/04/2020 3:49 AM
Why not give people more freedom and reduce the number of HOAs, by shutting down some existing ones and reducing the number of new HOAs? And for HOAs that remain, why not reduce their scope?

Get back to me when you've figured out how to get past Article 1, Section 10 of the Florida Constitution.

"Section 10 - Prohibited laws. - No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed."

As long as HOAs and condos in Florida are contractual relationships, I think any such discussion is moot. Not to mention other states where contract rights are considered nearly sacred.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By GenoS on 04/05/2020 11:47 AM
Posted By PaulJ6 on 04/04/2020 3:49 AM
Why not give people more freedom and reduce the number of HOAs, by shutting down some existing ones and reducing the number of new HOAs? And for HOAs that remain, why not reduce their scope?

Get back to me when you've figured out how to get past Article 1, Section 10 of the Florida Constitution.

"Section 10 - Prohibited laws. - No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed."

As long as HOAs and condos in Florida are contractual relationships, I think any such discussion is moot. Not to mention other states where contract rights are considered nearly sacred.

Sure. Members of the HOA would vote to reduce the scope of their HOAs, or to eliminate their HOAs.

I wouldn't want government limiting the rights of private persons who have freely decided to join a HOA.
GenoS (Florida)
Posts: 4,276
Posted:
That would be acceptable but I'd bet against it ever happening. Someone coming into my HOA and offering to buy all 100 homes at 2x their market value would not be able to get 100% of the owners to agree.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By GenoS on 04/05/2020 6:24 PM
That would be acceptable but I'd bet against it ever happening. Someone coming into my HOA and offering to buy all 100 homes at 2x their market value would not be able to get 100% of the owners to agree.

Perhaps if the change were phrased to owners as:

"Pay Less and Live Freely

This HOA has decided to limit its power over you, and the fees that you pay.

The sole common amenity in the community is a pool. If you'd like to use the pool, you can join the Pool Club for $X per user. If you don't, there is no obligation to pay anything, but you won't be allowed to use the pool. In connection with this, the HOA is transitioning into a "Pool Club". All that it will do is oversee the pool.

As numerous residential communities do not have HOAs, since there will be no mandatory shared amenities, we think it appropriate to do the same in this community.

To support this change, vote YES at the upcoming annual meeting."
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By PaulJ6 on 04/06/2020 6:10 AM
Posted By GenoS on 04/05/2020 6:24 PM
That would be acceptable but I'd bet against it ever happening. Someone coming into my HOA and offering to buy all 100 homes at 2x their market value would not be able to get 100% of the owners to agree.


Perhaps if the change were phrased to owners as:

"Pay Less and Live Freely

This HOA has decided to limit its power over you, and the fees that you pay.

The sole common amenity in the community is a pool. If you'd like to use the pool, you can join the Pool Club for $X per user. If you don't, there is no obligation to pay anything, but you won't be allowed to use the pool. In connection with this, the HOA is transitioning into a "Pool Club". All that it will do is oversee the pool.

As numerous residential communities do not have HOAs, since there will be no mandatory shared amenities, we think it appropriate to do the same in this community.

To support this change, vote YES at the upcoming annual meeting."

That may work if the community's streets, sewers and other utilities are public. In many HOAs that's not the case, and common expenses aren't going away.

People would also lose their rights to enforce any CC&Rs via lawsuit. I suppose they could still sue since anybody can sue anyone else for any reason - but without the legal support of CC&Rs, I'd have to assume their chances of succeeding would be lower. Aside from amenities such as a pool, one of the major selling points of living in an HOA is that there are limits on others' behavior. Yes, some could be considered silly (eg. community approved colors) but others are less so (eg. rules about pets and storing trash). There are many who believe that living with rules is acceptable if the neighbors have to live with those same rules.

I still believe that over time we will see fewer HOAs with single family homes, as these properties are becoming increasingly unaffordable. However, we'll likely see more COAs due to changes in demographics (eg, an older population and more of us).
PaulJ6
Posts: 990
Posted:
Fair (and great) points, everyone. Thank you for the informative discussion.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Or maybe:

"Pay less and live next door to a truck driver with his semi idling all night."

"Pay less and get used to the pink house across the street."

"Pay less and know you will be calling zoning and pest control to remove the goats and chickens."

"Pay less and learn to love the 8 renters and their pickups down the street."

"Pay less and review your neighbors lean to on the side of their house each morning."

"Pay less and know your biweekly call to the county to mow your neighbors yard has again, caused you neighbor to threaten you on the street."

I could go on ...

I like HOAs because they assist in the PREVENTION of the random, ignorant behavior of the masses.

I like HOAs because they ensure and protect property values.

I want to live in a very nice place - as nice as possible - as clean as possible - as pleasant as possible - and, in some cases, as consistent as possible - without those that don't think this way.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Another thing I thought about if you wanted to change from an HOA to a pool club: who owns the pool if the HOA no longer exists? If it is simply a group of homeowners outside of an HOA, they would still need to form an LLC or something to protect their personal assets in the event someone sues them.

They may also have to hire someone at least part time to manage the pool club - this would include making sure that it's properly maintained and insured, that the water is tested periodically, seeing to it that the pool is closed during any emergencies, hiring and managing life guards as needed, sorting out complaints and other issues, and on and on. In short, this person would have to perform the functions currently handling by the HOA's property manager.

If the owners simply let the pool sit there, they'll quickly have themselves an unsafe eyesore.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GeorgeS21 on 04/06/2020 9:08 AM
Or maybe:

"Pay less and live next door to a truck driver with his semi idling all night."

"Pay less and get used to the pink house across the street."

"Pay less and know you will be calling zoning and pest control to remove the goats and chickens."

"Pay less and learn to love the 8 renters and their pickups down the street."

"Pay less and review your neighbors lean to on the side of their house each morning."

"Pay less and know your biweekly call to the county to mow your neighbors yard has again, caused you neighbor to threaten you on the street."

I could go on ...

I like HOAs because they assist in the PREVENTION of the random, ignorant behavior of the masses.

I like HOAs because they ensure and protect property values.

I want to live in a very nice place - as nice as possible - as clean as possible - as pleasant as possible - and, in some cases, as consistent as possible - without those that don't think this way.

Well said.

GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By GeorgeS21 on 04/06/2020 9:08 AM
Or maybe:

"Pay less and live next door to a truck driver with his semi idling all night."


I do that now and don't get to pay less for the pleasure. OK so it's not a semi, but it's a big jacked-up pickup that the owner purposely put a LOUD exhaust system on. It's like a 737 warming up across the street and the owner leaves it idling in the driveway for 10 or 20 minutes at a time, day and night. Our Rules & Regulations forbid that in several ways but the board won't do anything about it, not even a friendly phone call, because they "don't want to offend anybody." I've spoken to the guy nicely several times in the last couple of years but he refuses to play nice.

Quote:
Posted By GeorgeS21 on 04/06/2020 9:08 AM
Or maybe:
I like HOAs because they assist in the PREVENTION of the random, ignorant behavior of the masses.

I like HOAs because they ensure and protect property values.

I want to live in a very nice place - as nice as possible - as clean as possible - as pleasant as possible - and, in some cases, as consistent as possible - without those that don't think this way.

I'm with you 100% there. A "rules committee" I was on several years ago spent months re-writing our Rules & Regulations. We recognized that we weren't revising them because of anything currently going on that needed to be addressed, but rather to get out ahead of what the future might bring with the inevitable turnover of aging homeowners and anticipate what might be coming. Turns out we were right. With 32 new homeowners (out of 100) since the start of 2017, most rule violations we see are from the newer homeowners.

Our new Rules & Regulations, a product of many hours of work by a committee of 4 or 5 people, are almost worthless because the board refuses to enforce anything. It's extremely frustrating and there's a clear sense that we wasted our time with that committee.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Geno,

I would be on the Board, anyway, probably, so I would be able to effect some attention to the issue - if I was unable to redirect the Board to get involved, and if the CCRs were clear, if it was my neighbor, I would take legal action against them personally.

Yeah - might lose, but even if I did, I would know I have cost the twit significant time. I would consider, once the first component of the action is underway, involving the Board for failure to act.

Lots of bits and pieces to get in perfect order, but, it would be worth it to me to work it aggressively.

Gosh - if I won, I would use the win to change out some board positions - raise the dues to ensure there was a legal fund that everyone knew about - again, lots of little modifications to behavior.
NpB (Arizona)
Posts: 605
Posted:
Before the COVID-19 pandemic, this country was deeply divided politically, culturally, and was experiencing a general decline in civility. Just based on this, why would any developer want to create another layer of government in the form of an HOA, where the current culture fosters cabals, cliques and division? Why would that be a selling point? Perhaps in the 1950's, when there was general societal harmony, but certainly not in 2010-2020 (before the pandemic).
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Modified reprint 😀

"So you don’t live next door to a truck driver with his semi idling all night."

"So there is no reason to get used to the pink house across the street."

“So you won’t be calling zoning and pest control to remove the goats and chickens."

"So you don’t need to love the 8 renters and their pickups down the street."

"So you don’t need to see your neighbors lean to on the side of their house each morning."

"So there us no need to call the county to mow your neighbors yard has again, caused you neighbor to threaten you on the street."

I could go on ...

I like HOAs because they assist in the PREVENTION of the random, ignorant behavior of the masses.

I like HOAs because they ensure and protect property values.

I want to live in a very nice place - as nice as possible - as clean as possible - as pleasant as possible - and, in some cases, as consistent as possible - without those that don't think this way.

And, NpB, you’ve put waaay too negative a point on American society ... mixing the two is a bit odd.
LetA (Nevada)
Posts: 2,679
Posted:
OK!! so we eliminate the HOA's, Oh by the way we're doubling your yearly property taxes.
NpB (Arizona)
Posts: 605
Posted:
Quote:
Posted By GeorgeS21 on 04/06/2020 6:12 PM
Modified reprint 😀

"So you don’t live next door to a truck driver with his semi idling all night."

"So there is no reason to get used to the pink house across the street."

“So you won’t be calling zoning and pest control to remove the goats and chickens."

"So you don’t need to love the 8 renters and their pickups down the street."

"So you don’t need to see your neighbors lean to on the side of their house each morning."

"So there us no need to call the county to mow your neighbors yard has again, caused you neighbor to threaten you on the street."

I could go on ...

I like HOAs because they assist in the PREVENTION of the random, ignorant behavior of the masses.

I like HOAs because they ensure and protect property values.

I want to live in a very nice place - as nice as possible - as clean as possible - as pleasant as possible - and, in some cases, as consistent as possible - without those that don't think this way.

And, NpB, you’ve put waaay too negative a point on American society ... mixing the two is a bit odd.

I agree with all your likes about HOA's. The big downside is another layer of government and people with different ideologies not getting along . What has transpired across the country with the lack of civility and the deep political divide manifests itself in HOA's with cabals, cliques, boorish behavior at meetings, etc..

I am sure there are some form of HOA's in other countries, and I bet they are run more smoothly because those other countries are more unified sociologically.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By NpB on 04/06/2020 11:49 PM...

...snipped for brevity...

I agree with all your likes about HOA's. The big downside is another layer of government and people with different ideologies not getting along . What has transpired across the country with the lack of civility and the deep political divide manifests itself in HOA's with cabals, cliques, boorish behavior at meetings, etc..

I am sure there are some form of HOA's in other countries, and I bet they are run more smoothly because those other countries are more unified sociologically.

Oddly enough, I think that the more invested people are in their homes/communities, the more likely you are to see cliques and whatnot. Certainly in my condo community - which is nicely diverse, thank you very much - the main attitude is "whatever". As long as the water flows and the trash is picked up, that's pretty much the extent of people's interest.

Yes, we have neighbor to neighbor squabbles from time to time, and occasionally boorish behavior, but that's human nature: you can find that sort of thing in any group. What we don't have is organized fighting among ourselves.

We have no amenities that would encourage socializing. We also don't have any social media or other online platform on which homeowners can publicly rant and rave since those things encourage bad behavior. I can pretty much guarantee that if we did have such things that we would have the kinds of incivility you mentioned, although I suspect it would be limited to a small group because of the general "whatever" attitude of our owners. I never thought I'd have good things to say about apathy or lack of sociability, but here's one example. :-)
TimB4 (Tennessee)
Posts: 21,059
Posted:


Quote:
Posted By GeorgeS21 on 04/06/2020 9:08 AM
Or maybe:

"Pay less and know you will be calling zoning and pest control to remove the goats and chickens."


You make the call to the HOA, why not skip the middle person and talk directly to those who have real authority?
Additionally, you can enforce deed restrictions through the courts (same as an HOA)

Quote:
Posted By GeorgeS21 on 04/06/2020 9:08 AM
Or maybe:
"Pay less and know your biweekly call to the county to mow your neighbors yard has again, caused you neighbor to threaten you on the street."


So you prefer to have the neighbor threaten a board member instead?

GeorgeS21 (Florida)
Posts: 3,808
Posted:
Tim,

The point was that having an HOA means there are restrictions in place against those sorts of things ... those with chickens and goats, or with idling semi trucks, or with other unacceptable behavior avoid the HOA constructs.

Did I phrase my initial response confusingly?
TimB4 (Tennessee)
Posts: 21,059
Posted:
No. Your examples were good ones and I agree are the reasons why people look for HOAs.

However, my point was that people don't seem to want to become involved personally.

Individuals are willing to call the HOA to enforce deed restrictions or complain about nuisances, but are unwilling to address the issue themselves (i.e. courts, calls to animal control, calls to police or simply talking to the neighbor to see what can be done).

Everything you used as an example can be done via deed restrictions and enforcement of local ordinances without the need for an HOA.

Your post seemed to be illustrating the points in my earlier post.

Tim

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