HOAs do serve a function.
One thing that has become clear from the courts in the thousands of lawsuits filed over the years is that an HOA rule is not a rule UNLESS it is enforced consistantly and uniformly. This has become a huge tool for people fighting their HOAs on enforcing the rules.
All the resident has to do is simply take pictures of violations of other homes over time. If they get dinged by the HOA for a violation, they show the other relevent violations to the court, and if those homes were not cited or fined, the courts will not selectively uphold the HOA's positions.
If enough residents get fed up with the NAZIS, they have the power to remove board members (elections) and modify the rules.
HOAs do serve a function.
One thing that has become clear from the courts in the thousands of lawsuits filed over the years is that an HOA rule is not a rule UNLESS it is enforced consistantly and uniformly. This has become a huge tool for people fighting their HOAs on enforcing the rules.
All the resident has to do is simply take pictures of violations of other homes over time. If they get dinged by the HOA for a violation, they show the other relevent violations to the court, and if those homes were not cited or fined, the courts will not selectively uphold the HOA's positions.
If enough residents get fed up with the NAZIS, they have the power to remove board members (elections) and modify the rules.
The selective enforcement problem (issue?) exists with most (if not all) levels of government. Typically it’s called ‘prosecutorial discretion’ or ‘taking all factors into consideration’ - which results in similar (if not identical) ‘infractions’ (violations of law/building codes?) having different outcomes.
I have no idea why anyone would buy a home slaved to an HOA. They own your ass. The horror stories are legion.
People are sheep.OK, it seems that everyone here is in agreement that HOAs are bad and there is no upside to buying into one. So can anyone tell me why there are literally thousands of HOAs across the country?
Residents are the HOA. They have individually and collectively agreed to a set of rules that they all will abide by. If, for some reason, a rule becomes problematic, there are mechanisms built in to change the rules.Reform is still warranted, more in some States, less in others.
Which States Have the Most and Least Friendly HOA Regulations?
States like Florida, Arizona, Nevada, and Texas generally grant HOAs broader enforcement powers, whereas California, Colorado, North Carolina, and Connecticut place stricter limits on HOA authority and emphasize homeowner protections.www.hellodata.ai
Florida, even though it has made some minor reforms, is still the most HOA friendly State in the nation, with HOAs having much power and residents have relatively low power.
My own State of North Carolina is near the other extreme, with HOAs being limited in power and residents having much higher power.
While I personally prefer no HOA, I am glad that North Carolina has reined in HOAs. They function, but homeowners are not at their mercy.
OK, it seems that everyone here is in agreement that HOAs are bad and there is no upside to buying into one. So can anyone tell me why there are literally thousands of HOAs across the country?
Wow! I never thought I'd see the day when mobile homes would be selling for over $100k.The following link is to a manufactured home community across the road from where we live. The HOA fee is currently $599/month ($7,188/year).
Manufactured Home Community in Kyle, Texas | Creeks Crossing
Buy or rent a quality manufactured home in our beautiful community in Kyle, with resort style amenities, basketball court, playground, and a heated pool.www.suncommunities.com
Wow! I never thought I'd see the day when mobile homes would be selling for over $100k.
BTW, does that HOA have any rules against tornadoes? Asking for a friend.
‘Failed experiment’: Collier County homeowners react to possible Florida HOA ban
A Florida lawmaker wants to get rid of HOAs. With 350 of them in Collier County, residents and visitors shared how the move could change their communities.www.fox4now.com
Florida State Representative Juan Carlos Porras proposes to outlaw Home Owner Associations in Florida.
(As an aside, 350 HOAs in Collier County alone.)
As tempting as this is, probably isn't going to pass, the power of the large homebuilder's associations will be enough to kill it. Still damn tempting.
I think he needs to consider working on reforms instead. Increasing transparency and require a certain number of warnings before fines can be assessed and limiting fines. Make it easier to remove from office board members who go "Nazi" in office. Unfortunately, give some people the slightest bit of power and they instantly go full Nazi, as many unfortunate HOA residents have found out. There should be a streamlined process to organize and hold a recall election and remove the offending board member from office.
I have put the kibitz to three different HOA's in the local area. In all three cases, the HOA either never became active or was wound down years ago. But like vampires,, they can rise again unless you drive the stake through their heart by using legal action to remove the HOA covenant from the underlying properties. Most recently, on the Virginia side of the line, I removed an HOA from a failed development from the 1990's, of which only 4 of 25 homes were actually built. Currently building in that area, HOA free.
Of course, I would never live in one.
But, quite strangely, some people do.
But like them or not, reform is clearly needed, although abolition is way over the top.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?