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TerriS6 (California)
Posts: 3,284
Posted:
https://independentamericancommunities.com/2023/05/30/9-good-reasons-to-avoid-hoas/
AidylP1 (California)
Posts: 173
Posted:
Sounds like they hit the nail on the head.
CathyA3 (Ohio)
Posts: 6,299
Posted:
This is actually pretty accurate, although it misses some essential information. For example:

Quote: Unfortunately, there’s no guarantee that the HOA will manage and maintain the property well. In fact, poor maintenance is a common complaint of condo owners across the U.S. Deferred maintenance is all too common, and well-documented on IAC.

What the article doesn't say is that maintenance is often neglected because owners howl about increasing assessments - and may even have the power to vote down these increases. They do have the power to remove boards that try to budget realistically. There is no magic HOA Money Printing Machine. As a result of the Surfside condo collapse, the Florida legislature is trying to tighten up the laws to force HOAs and condo communities to increase their reserves and to have buildings inspected so that there are no more Surfsides in the future. And guess what? Condo owners are howling, stating that they can't afford to do pay higher assessments.

HOAs don't just benefit real estate developers or the realty industry. They benefit local municipalities who can offload their responsibilities onto private citizens (eg: road maintenance). And guess who else benefits from this? ** People who don't live in HOAs because their local taxes are artificially low. ** Otherwise these folks would also be paying for street maintenance and other infrastructure support that is currently being paid for by the HOA owners.

So no need to be smug if you're smart enough to live outside of a community association, because you're benefiting indirectly from this system.

The real issue is that housing is unaffordable in many places, and condos in particular can hide this for a long time until the place falls apart. ** It also won't get any better when the real estate investors take over these properties. **
CathyA3 (Ohio)
Posts: 6,299
Posted:
Another thing that the article seems to miss is the reason for all of the legal and financial infrastructure that supports an HOA.

The bottom line is that the only safe way for people to jointly own property with others is through a corporate structure. This structure insulates peoples' personal assets from the risks assumed by the corporation. It's why people who form businesses usually incorporate them. If an HOA weren't a corporation, the deeds and purchase agreements would have to contain language that essentially replicates the protections provided by a corporate structure. There's no getting around this unless you want to risk losing all of your assets, and nobody who understands the facts would do this. The housing market would grind to a halt without these protections.

The downside is that a corporate structure has all sorts of legal obligations. Hence the need for lawyers and accountants and bookkeepers and whatnot. If the HOA has amenities and land, these must be maintained: hence a tribe of maintenance folks and lawn care crews. Somebody needs to manage these folks: hence the community manager. ** Property owners have obligations. Obligations cost money. ** There is no way around it.

The article is correct that property inside of an HOA or condo community generally costs more per square foot than property outside of them. But that's because you're not just buying four walls and a roof and the land they sit on. You're buying a share of all of the other property owned by the community plus the legal protection that limits the risks involved. Of course this is more expensive.

TerriS6 (California)
Posts: 3,284
Posted:
''People who don't live in HOAs because their local taxes are artificially low. ** Otherwise these folks would also be paying for street maintenance and other infrastructure support that is currently being paid for by the HOA owners. ''

Here we are subject to Prop 13 since 1978 which calculates property taxes by a fixed formula that doesn't vary according to how many HOAs are in the area. New HOAs in our area become transportation districts administered by the county to maintain the roads - county collects from homeowners. Then of course we get double taxed because we still have to pay the full property taxes.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By CathyA3 on 07/24/2023 6:15 AM

The bottom line is that the only safe way for people to jointly own property with others is through a corporate structure. This structure insulates peoples' personal assets from the risks assumed by the corporation. It's why people who form businesses usually incorporate them. If an HOA weren't a corporation, the deeds and purchase agreements would have to contain language that essentially replicates the protections provided by a corporate structure. There's no getting around this unless you want to risk losing all of your assets, and nobody who understands the facts would do this. The housing market would grind to a halt without these protections.
I am not buying this generalization. For many, but not all, condominiums the land configuration is such that it makes sense for just the condo owners to have a legal, ownership interest in the common area. For non-gated, non-condo HOAs it does not. It seems to me for the latter the common areas (e.g. roads, grassy sections of land) the city or county could own the real estate.

I thought the article was quite good. The only part that I thought was over the top was the section with the sentence, "The problem is compounded by the fact that HOA governing documents and management policies are notoriously unconstitutional." No, they are not. Once in awhile some constitutional disputes have arisen.

I would like the backstory on the blog's author, Deborah Goonan. So far nothing to suggest she is both a serious researcher and internet journalist has reached my eyes. I bet CAI hates her. Good.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By ElleN on 07/24/2023 8:28 AM
So far nothing to suggest she is both a serious researcher and internet journalist has reached my eyes.
Post-o. Change the above to:

So far nothing to suggest she is not both a serious researcher and internet journalist has reached my eyes.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
One of the prime reasons I like HOA's is their ability to "crack down" on an owner if their property becomes shabby. Many will say well I always keep my property looking goo. All well and good but all it takes in one or two bad apples to make the entire neighborhood look crappy. I will add that I avoid HOA's where a declarant is in control and one with amenities.
SusanO3 (California)
Posts: 163
Posted:
I agree about Associations without amenities. I'm in my first HOA and on the board and the thought of keeping pools, clubhouses and courts maintained and paid for is the stuff of nightmares for me!

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