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HenryD3 (Florida)
Posts: 49
Posted:
One homeowner has been publicly told - perhaps you should move.

Today the President posted this on the community web site...shocked and disappointed.

You chose to live in a deed restricted community, but recent interactions with some of our residents tell us they don’t understand the difference between a deed restricted community, like the xxxxxxxx community, and owning a private home with no restrictions. When you purchased your home here, you agreed to abide by the rules, regulations, covenants and restrictions established by our governing documents. Not only do those documents set up your obligations as a community member, but also the obligations of the Association to you. They establish your rights as a member and the authority of the Board of Directors to make decisions for the benefit of the entire community.

The governing documents provide structure and services for all members’ benefit. It provides amenities (ie: clubhouse and pool), activities, and uniform levels of maintenance to ensure a consistent “look and feel” throughout the community which helps enhance the value of all the properties.

Living in a deed restricted community is not for everyone. You give up some rights to the Association and receive certain services over which you have no control. People who want complete freedom of choice will not be happy living with the restrictions and covenants, or paying for services that may not directly benefit them. You may not be able to paint your house orange, or plant a vegetable garden, or fruit trees (no fruit trees are allowed in the community), or breed animals in your back yard or have as many cars and trucks parked outside as you wish (All cars and trucks must be parked in your garage at night per the community documents). However, your grass is cut, watered and fed, landscape trimmed, irrigation is provided and maintained, and the uniform look and feel to the neighborhood enhances everyone’s value, including your house. We thank you for your understanding & support, and as your Board we will try to hold up the high level of expectations you have experienced in the past and deserve in the future.

My thanks to xxxxxx, past President, who authored this piece a few years back (although it suffers a bit of editing by me). I also want to give a big thanks to xxxxxx for his service as President this past term and his continued service to the community as Treasurer.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I think it's well written and, with a few tweaks, could easily be an article for newsletters and, perhaps, part of the disclosure package for prospective buyers.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Why are you shocked and disappointed? I think the message was excellent and hits the nail on the head.
KerryL1 (California)
Posts: 14,550
Posted:
It looks very good to me too. IMO, though, it could have started out in a friendlier way. I also think the use of "you" is overdone and feels

The rest is really well written and offers a good education to Owners.

Are the things about cars & fruit trees in parenthese, yours, Henry? Or did the Prez write those? What bothers you about this letter?
KerryL1 (California)
Posts: 14,550
Posted:
It looks very good to me too. IMO, though, it could have started out in a friendlier way. I also think the use of "you" is overdone and feels

The rest is really well written and offers a good education to Owners.

Are the things about cars & fruit trees in parenthese, yours, Henry? Or did the Prez write those? What bothers you about this letter?
SheliaH (Indiana)
Posts: 6,964
Posted:
This doesn't say the actual name of the homeowner (I wouldn't expect it to be printed here because that violates posting rules). However, I agree with the others - for the most part, it tells the truth about what's expected of homeowners when they move into a HOA. The problem is no one reads all that stuff at closing, realtors tend to downplay the HOA (if they know or care it exists) and the sellers certainly don't say anything (they might not have known or cared either).

I've said it before - there are people who spend more time preparing a shopping list for the grocery store than paying careful attention to home buying - despite it being one of the most expensive purchases you'll ever make. Ultimately, it's YOUR responsibility to read everything, ask questions about anything you don't understand - and if you don't understand what the papers require or not, DON'T SIGN THE CONTRACT! Get an attorney to help you interpret the bafflegab if you need to.

All of that said, this is also why it's a good idea to review the documents every 7-10 years or so and consider what needs to be updated, added, clarified, or dropped altogether. You may find certain CCRs that made sense years ago don't work as well because the community has changed. For example, most people have parking issues because the community may have been built at a time when you didn't have 5,6,7 car families with half of them driving SUVs or pickup trucks.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posted:
I also think the message was well written and accurate, and it needs to be said in every deed restricted community at least once a year.

Living in such communities is indeed not for everyone - and the angriest, most upset owners are usually the ones who don't understand what they bought.

"Deed restricted" means there are limits on what owners can do with their property, and these limits are spelled out in that thick wad of paper that people receive when buying (which they often don't read thoroughly, 'cause it's smart to sign a contract without understanding the terms of that contract, right?).

Buyers need to understand exactly what they want in a home, what things are must-haves and what things are deal breakers, and *that no home will perfectly satisfy all of their requirements*. Everything is a compromise. If you buy in a community with deal breakers, then you have agreed to live with them - you can either accept them gracefully or spend your time butting heads and making problems where they shouldn't exist. Or move to a home that better fits what you want.

KellyM3 (North Carolina)
Posts: 2,239
Posted:
Henry,

Would you mind if I borrowed the text of this letter as a base of communication w/ my community? It's well written.
AugustinD
Posts: 3,698
Posted:
Delete the unctuous last paragraph, and one has a message routinely posted at hoatalk. Many of those new to HOAs hate the dose of legal reality. The competent veteran HOA members and competent HOA boards know better.
JanineR (Tennessee)
Posts: 259
Posted:
I am going to borrow this, slightly edited:

When unit owners purchased at XYZ Community, they agreed to abide by the rules, regulations, covenants and restrictions established by our governing documents. Not only do those documents set up the obligations as a community member, but also the obligations of the Association to you. They establish the rights as a member and the authority of the Board of Directors to make decisions for the benefit of the community.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 05/03/2021 6:58 PM
It looks very good to me too. IMO, though, it could have started out in a friendlier way. I also think the use of "you" is overdone and feels

The rest is really well written and offers a good education to Owners.

Are the things about cars & fruit trees in parenthese, yours, Henry? Or did the Prez write those? What bothers you about this letter?

I agree. A good letter but needs to be friendlier and less you, more we.
LetA (Nevada)
Posts: 2,679
Posted:
This is a perfectly worded letter. It is a hard dose of reality, common interest community living is not for everyone.
PatJ1 (North Carolina)
Posts: 568
Posted:
We need a "like" button.

I have wanted to send something like this out many times over the past 6 years of being President of a condo HOA. I have used specific points in the owner newsletter, but no one reads those and especially never the targeted party, but it makes me feel better to say "have you read the newsletter"?

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