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DJ1 (Ontario)
Posts: 798
Posted:
http://www.cnn.com/video/#/video/us/2009/04/13/pkg.big.purple.garage.komo

Neighbours don't like this garage in their neighbourhood but alas, no covenants to make the owners change it. An argument for, or against, a HOA?
JohnB7 (South Carolina)
Posts: 176
Posted:
AGAINST

OMG he actually owns and controls his property.

Private ownership with government control is called ............. Fascism.

Please remember that Mussolini was elected.

The purpose of a HOA is to operate and maintain the commonly owned elements.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By JohnB7 on 04/13/2009 5:05 PM
AGAINST

The purpose of a HOA is to operate and maintain the commonly owned elements.

. . . . and to enforce the restrictive covenants. Usually. There may be that oddball HOA out there that doesn't give the association an ability to enforce the covenants.

It wasn't as bad as I thought it was going to be!

I feel bad for the lady who is almost on top of it.
JohnB7 (South Carolina)
Posts: 176
Posted:
The purpose of the restrictive covenants is to maximise the profits to the developer.

I repeat, the purpose of a HOA is to operate and maintain the common elements.

Possibly to enforce lawn care - except in the event of a water shortage - oops .... here come the arguments and law suits because the volunteer BODs do not understand laws which trump the CC&Rs.

Again, I repeat: The purpose of a HOA is to operate and maintain the common elements.

Mussolini's purpose was to get the trains running on schedule.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By JohnB7 on 04/13/2009 6:53 PM
The purpose of the restrictive covenants is to maximise the profits to the developer.

I repeat, the purpose of a HOA is to operate and maintain the common elements.

Possibly to enforce lawn care - except in the event of a water shortage - oops .... here come the arguments and law suits because the volunteer BODs do not understand laws which trump the CC&Rs.

Again, I repeat: The purpose of a HOA is to operate and maintain the common elements.

Mussolini's purpose was to get the trains running on schedule.

Nope. Disagree.

Some of the covenants that were written by the developer may have been meant for his advantage, but I fail to see how not allowing above-ground pools or certain types of sheds, for example, maximizes his profits.

But MY HOA documents, and almost every other set I read, also give the board the responsibility to enforce the covenants. Even after the developer is gone. Kooky.

And some of those laws that you trumpet as trumping CC&Rs, well, many of those laws also regulate and control what you can and can't do on your "own" property. They didn't even have to ring up Mussolini to find out how he would do it when they wrote them.

You are aware of how much your credibility just plummeted by over-reacting with the stock "Mussolini" meme, don't you?

I can see this is a key issue with you.

So, once again, another issue on which we will just have to agree to disagree.
KevinK7 (Florida)
Posts: 1,343
Posted:
I thought it interesting that the one homeowner said the rights of the neighborhood were being violated.

Personally, I dislike extremely restrictive covenants. I understand certain covenants that may actually serve a purpose, but paint colors and styles are completely different in my opinion. This garage may be unattractive, but I believe people have forgotten the principles of investing...

Homeownership in America has risen over the past four decades and an increasing emphasis is placed on property value. As many HOAs state, covenants increase the property value and that the home is the largest purchase and investment for people.

That being said, people want to protect their investment and side with covenants that may hinder another person's right. I have heard numerous times from people that if you don't like the covenants, then you should move (or in some instances they want the covenants changed to better suit them), but in my opinion, I think that those who say that are not truly understanding how the market works.

If I purchase a home, and then the property value raises, I made a good investment. If my property value falls, I made a poor investment. If my neighbor thinks it is a great idea to paint their home neon and that it will maximize their investment (and assuming there are no covenants), and as a result I feel my investment has been hurt, I would be left with a couple options:

1) Sell my investment for whatever gain or loss I had made, or
2) Retain my investment for hopes to further increases.

There is no sure thing, and whether you believe HOAs increase or decrease property values, there is no way to guarantee an investment. Diversify your investments to protect yourself, because as many have probably realized in the past couple years, you cannot depend on housing markets to keep you afloat...
MicheleD (Kentucky)
Posts: 4,491
Posted:
Well stated.

Though, personally, I see no problem with amending covenants.

In most cases, when the covenants are amended, it's generally to loosen up overly restrictive (or outdated) ones.

Not a bad thing, in my opinion.

KevinK7 (Florida)
Posts: 1,343
Posted:
I agree that there is nothing wrong with amending covenants, especially to loosen restrictive ones, or to clear up vague wording...

It's the creation of more restrictive covenants that I am opposed to... things like keeping easements clear for utility workers or keeping grade levels to allow for proper drainage is essential! But silly rules I feel are the things that cause so many homeowners to to become wary of HOAs and distrustful of their intentions.

Now if the owners of that purple monstrosity are reading this, I hope your home is not as horrible an interpretation of the style as your garage is. Victorian architecture is not meant to be so dull and boring so change the color scheme and add more trim and do something about those windows!!! (If you couldn't tell, I had originally been an architecture student).
DonnaS (Tennessee)
Posts: 5,671
Posted:

DJ,

I too don't think that it warrants being called "Big Purple People Eater." In San Francisco it would be considered a real beauty. Does this developement have architectural restrictions? Dunno! Did anyone notice the big telescope on the lady neighbors porch pointed at the purple house? There is plenty of space between these houses and property values will not reflect a difference because of a lilac colored house.

Anyhow, if there are no ACC controls over color, then the neighbors just should button up and refocus on important issues. My Florida developement had very strict color controls and when the 1st H.O decided to repaint to a more lively "Key West" style color, everyone went ballistic but the color was within the color restrictions. It was different than it was before and that is what caused the storm. After a few months, it just was another house on the block.
DorothyO (Washington)
Posts: 293
Posted:
Okay, that brightened my day! From the looks of it, it was inevitable that that property was going to have a house on it which would have obstructed Mr. Juel's view, so that's a non-issue. But the color is hilarious! Clearly these complaining folks moved to a unrestricted neighborhood to be, well, UNRESTRICTED!

I especially loved telescope woman describing the view from one of her windows as being "pristine," when on her property I counted four cars that someone surely had to look at every time they looked out their window.

I, for one, despise the ubiquitous beige of my neighborhood of Martha Stewart starter-homes. It's dead, unimaginative, ugly and just flat-out, bone-cracking boring. Someone put in a deep purple door when they built their house and the neighborhood started twitching and hyper-venilating.

So, will a lavender house depreciate surrounding property values more or less than a property that looks like a used car lot? And therein lies the rub - beauty or ugly is in the eye of the beholder. I'm pretty sure re-assessing property values on how many vehicles one has on their property would just turn those folks into whirling dervishes!

Give me a lavender house any day over the also ubiquitous dog-and-trailer-belt mentality. Bring on the color!

Dorothy
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
They never mentioned an Association in the video. So basically, its their house. They can do what ever they like.

If they want purple, they can do purple. More power to them.
DonnaS (Tennessee)
Posts: 5,671
Posted:

That was pretty dern funny Dorothy. As a painter/artist. I look at this lavender as a soft color. If it were my house, I would embellish it as Kevin said, putting some shutters and frett work to finish off the Victorian look. It could be made to look like an awesom old farm house with just a little tweeking. The new developement that I am in even goes so far as to require a certain breed of turf grass. Now that is restrictive!
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By DonnaS on 04/14/2009 9:25 AM

The new developement that I am in even goes so far as to require a certain breed of turf grass. Now that is restrictive!

0.0

Yikes!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Yeah, How about "Tall Fescue" The reason being that it will remain green all year long. Developer wants to sell some homes and it is his idea that green will get the job done.
JohnB7 (South Carolina)
Posts: 176
Posted:
Quote:
Posted By DonnaS on 04/14/2009 9:58 AM

Yeah, How about "Tall Fescue" The reason being that it will remain green all year long. Developer wants to sell some homes and it is his idea that green will get the job done.

My point exactly .......... the developer wants .................
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By JohnB7 on 04/14/2009 12:50 PM
Posted By DonnaS on 04/14/2009 9:58 AM

Yeah, How about "Tall Fescue" The reason being that it will remain green all year long. Developer wants to sell some homes and it is his idea that green will get the job done.


My point exactly .......... the developer wants .................

soooo...... once he is gone, is it still a "bad" restriction? I mean, if it keeps lawns green all year round and someone deems that maintains property values (ie, makes other homes easier to sell in the neighborhood), then you have no point.

No one denied that SOME restrictions are not written for his favor/maximization.

But not all of them are, and many are, indeed, intended to minimize loss of home value.

Again, because some MIGHT be written to benefit the developer, doesn't mean all of them are and doesn't mean that many don't benefit individual HOA members as well.

Personally, I think dictating the type of lawn is silly, but, once the developer leaves, if there are enough like-minded folks in the neighborhood as me, then we can amend OUR restrictions and eliminate that one, can't we?

GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By JohnB7 on 04/13/2009 5:05 PM
AGAINST

OMG he actually owns and controls his property.

Private ownership with government control is called ............. Fascism.

Please remember that Mussolini was elected.

The purpose of a HOA is to operate and maintain the commonly owned elements.

Like the community I used to live in. They wouldn't let you have fences or even hedges in the front yard. You couldn't park a car in the front yard and grass couldn't exceed a certain height without bringing the wrath of the enforcement people on you. And don't even think about leaving your trash cans on the curb or use house furniture like an old couch on your front porch or you would be cited. Oh, yeah I forgot to mention it wasn't an HOA these were all city ordinances which if you violated the police could cite you to Mayor's court over. Maybe the developer got them to write the laws to maximize his profits. Very devious on his part, maybe that's where Mussolini got the idea because the house I lived in was built sometime in the early 1900's. And while you might consider this government control of private property to be Fascism most of the City Council were in reality Democrats.

Studies show that 5 out of 4 people have problems with fractions
JohnB7 (South Carolina)
Posts: 176
Posted:
Company Town - PUD - HOA ... six of one, 1/2 dozen of another.

All built for individual profit ... not the needs of the (eventual) occupants.

Sorry, did not want to hijack the thread for a political rant.

GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
    "Personally, I think dictating the type of lawn is silly, but, once the developer leaves, if there are enough like-minded folks in the neighborhood as me, then we can amend OUR restrictions and eliminate that one, can't we? "
Generally, the answer is no. Amending covenants is an incredibly difficult process, deliberately so. And many covenant documents have a specific prohibition that prevents amendments for a set number of years even after the developer leaves the scene.
KirkW1 (Texas)
Posts: 1,665
Posted:
First, what helps the developer sell also helps the owner resell. So much of that is good for both sides.

Second it amazes me the number who are against restrictions and whine and cry when someone does something they don't like next door. And at the same time others buy with restrictions and figure they should apply to everyone but them.

Now the area that needs some attention from legislatures is developer control. There needs to be laws that give some realistic time frame that the owners get (full and total) control. I would think that the owners should have equal footing for voting people onto the board about the 2/3rds to 3/4 mark. (and the standard should be occupancy certificates). Additionally the amount of time the developer has should be reduced. Perhaps a combination of five years from when the first completion for a logical area or if there is more then a one year pause in construction. At that point the developer loses most all controls. Give them a couple years to restart and they lose all control.

Laws should place a heavy burden on developers to properly finance the HOA. Among laws that should be in place:
  • Developers should pay a minimum of 1/3 the dues for each lot from day 1.

  • Developers should be bared from "lending" money to the HOA. They should simply be forced to make it up for any year they retain any control.

  • Developers should be legally required to provide an initial reserve study and new ones any year after significant improvements are made.

  • Developers should be held to a higher standard for fiduciary duty. In short, they should know better.


  • Perhaps George should take this list in his consideration of legislation for his state. Prevent the reign that some developers reek on owners now.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Kirk,

I don't know about the IN legislature, but I've been involved with legislation in AZ for a number of years and I feel certain your demands of developers would never fly. The Homebuilders Assn lobby is one of the largest in the legislature and they generally get their way. They would NEVER agree to your suggestions,(most of which I think are great!), but nice try. Why not try it in your home state of TX?
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By GeorgerwilliamsW on 04/23/2009 2:56 AM
    "Personally, I think dictating the type of lawn is silly, but, once the developer leaves, if there are enough like-minded folks in the neighborhood as me, then we can amend OUR restrictions and eliminate that one, can't we? "
Generally, the answer is no. Amending covenants is an incredibly difficult process, deliberately so. And many covenant documents have a specific prohibition that prevents amendments for a set number of years even after the developer leaves the scene.

Absolutely ridiculous.

We already have 3 rounds of amendments.

And we are not alone.

Those documents that are unchangeable are few and far between.

Try again.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Michele,

I agree! IMO, CCRs that cannot be amended during the initial term are few and far in between. Mine state: "As amended and supplemented from time to time, this declaration shall continue in full force for a period of 20 years." Just wondering. . .if amendments are prohibited why have an amendment article describing the required vote, etc.???
MicheleD (Kentucky)
Posts: 4,491
Posted:
In addition, Mary, the purpose of my initial posting is clear.

*IF* enough like minded. . .

means, obviously, if whatever threshold is required for an amendment to pass in each person's documents.

If the documents don't allow for any change within xx number of years, that is still usable information for me, the homebuyer.

If I don't like that they tell me what kind of grass I can have, then I have the option of either deciding it doesn't really raise to the level of dealbreaker for buying the house and I move forward and accept the restriction.

If the docs don't allow for amendments, and the grass thing is a deal-breaker for me, then I move on and don't purchase the property.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Just as a footnote on the type of grass thing that has drawn criticism.

This Developer has required a type of grass that is the least susceptable to disease, stays green all year long, slows down growing during the summer and stands up to drought and hot summers. It does seem a bit overkill on covenant restrictions but he probably made the right decision for some guy who thinks that he can landscape and puts in a yard full of crap(crab) grass. The moral of the story is that most who got their shackles in a bunch because of what was percieved as an excessive control rule, probably should have done homework on grass types for this area. See how easily we get riled up over nothing?
MicheleD (Kentucky)
Posts: 4,491
Posted:
Oh, Donna, I see nothing wrong with the covenant, per se.

I just was making the comment that it might be a little much for me, but if the grass were a deal-breaker, guess what? I don't have to buy the house!

On the other hand, I would imagine that I would study the issue first, if I really really wanted the home.

In which case, I would no doubt run into what you have pointed out.

I think the whole thing is, going back to the beginning here, the Purple People-eater Garage is obviously not in a deed restricted community.

If it were, and the restrictions say no purple buildings/garages (or even only blue, or only white and green, whatever), then obviously the homeowner would have to comply.

If the homeowner bought into the community anyway, know he/she might want a purple garage, then the best they can hope for is to reach the proper voting threshold to amend the documents, if amending is allowed.

If the minimum number of people required to make a change want something changed, they can get it done.

If the number who want a change can't meet that threshold, then the docs stay as they are.

As it should be.

That's all I'm saying.

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