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Old 04-27-2013, 01:28 PM   #29
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Deed restrictions and HOA covenants are a double bladed sword. You may not like being unable to park your trailer at your home but you probably also won't like it if you live in a nice neighborhood restricted to single family occupancy homes and some "investor" buys a short sale and immediately rents it to a group of 4 or 5 unrelated crack heads. Or how about the 3 or 4 broken down cars in the drive and a yard littered with weeds and junk.

Common sense and decency being in such short supply these days we sometimes need things like deed restrictions.
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Old 04-28-2013, 06:34 AM   #30
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Yes it is a double bladed sword. I want a nice neighborhood which we have. But I talked to all the other neighbors and not one of them care about the trailer. We are going to try to change the part about trailers. Should have more than enough votes to get the trailer part out of it. Makes me mad because the person sueing me is disliked by everyone in the neighborhood. He likes to push people around and has tried to mess with everyone in the neighborhood.

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Old 04-28-2013, 06:41 AM   #31
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Simply put, "HOA's suck". I knew the covenants when we bought, but after 17 years, they changed them to read, "no trailers, boats,, RVs... you name it...". It's like playing poker and then the rules change halfway through the game.
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Old 04-28-2013, 07:16 AM   #32
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Simply put, "HOA's suck". I knew the covenants when we bought, but after 17 years, they changed them to read, "no trailers, boats,, RVs... you name it...". It's like playing poker and then the rules change halfway through the game.
I agree HOA's suck, but in the instance where the rules/restrictions are modified/changed after the fact, wouldn't the old rules be "grandfathered" to those that had purchased their home with those in force??
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Old 04-28-2013, 07:25 AM   #33
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If you really live in a deed restricted or convenant community, you should have been advised of such and received a copy of the "rules" when you closed on the house. If the state where the property is located requires full disclosure, then someone screwed up, probably the real estate agent, closing attorney, or the seller and you may have some recourse against one of them. Again, depends on state law. Otherwise, you can be prevented from parking boats or rvs on some properties by City, County, or other jurisdictional ordinances.
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Old 04-28-2013, 07:54 AM   #34
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CC&Rs Must (as I recall) be written into the deed. Else they may not be valid.
Unfortunately, it depends on where you live. Rules can vary from state to state, and depending on the state, from one locality to another.

For instance, NH generally keeps deeds fairly straightforward. The deed describes the legal grant to real property under State and local laws and rules, but lets it be written as subject to named covenants, restrictions, easements, etc. all as separate addendums. If one of those documents expires/gets repealed/gets updated, the deed language remains the same and stays cleaner. Since they're attached to a deed, they all have to be recorded and kept up to date in the county records. But you still have to do your research to understand how it all comes together. The system does keep the title companies on the ball. But you don't have to be a lawyer to understand it and do research, nor to call a bully's bluff if you have the answer in the recorded documents.

Not every state is that simple, though. The more nit-picky things are allowed into deeds, the worse it gets. If your state lets everything under the sun get lumped into a deed, it gets messy.
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Old 04-28-2013, 08:01 AM   #35
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I agree HOA's suck, but in the instance where the rules/restrictions are modified/changed after the fact, wouldn't the old rules be "grandfathered" to those that had purchased their home with those in force??
Typically, that depends on the laws of the state, the Covenants, whether it is an HOA or a Condo Association, the impact of the change as it relates to property value, and whether the change was lawful (an Amendment voted and passed by the Owners). It's a hot mess ....
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Old 04-28-2013, 12:35 PM   #36
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I agree HOA's suck, but in the instance where the rules/restrictions are modified/changed after the fact, wouldn't the old rules be "grandfathered" to those that had purchased their home with those in force??
"Grandfathering" really only applies to Public legislation.

Entering an HOA- "governed" community is a matter of contract law, and you can bet that every such contract includes a clause wherein a member is obliged to go along with rules changes made according to whatever community method exists (boards, majority vote, whatever).
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Old 04-28-2013, 02:04 PM   #37
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We are kind of mixing two separate things together in this discussion. HOA rules are not necessarily the same as restrictions built into deeds. We found this out in two different states with rental properties. Both were dwellings in communities where the HOAs had ceased to exist, but deed restrictions remain. We were advised by legal beagles that the process to change the deed restrictions can be very complex (and expensive) and that, unless we stood to gain substantially, we would be better off not attempting to change the deeds. It may be easier where the op is living.

One interesting side note. We have seen deed restrictions on older property and farm land that require the property not be sold to persons of certain ethnicity and one that required that no Yankee could buy it. Sometimes we pay for full blown title searches instead of just title insurance, especially on farm land, and that is where you find things like that. Obviously not enforceable, but makes for interesting reading sometimes.
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Old 04-28-2013, 02:11 PM   #38
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The HOA may have rules, but do the covenants cover rule enforcement or penalties for an infraction? Having lived in four different HOA covered communities, and being on the BOD of one, enforcement and penalties is where many fall apart. In Virginia, streets within HOA communities that are state owned and maintained are not part of the HOA and not bound by the HOA covenants. To the OP I would not be intimidated by the neighbors rule interpretation, I suggest obtaining competent local legal guidance.

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Old 04-28-2013, 03:23 PM   #39
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"Grandfathering" really only applies to Public legislation.

Entering an HOA- "governed" community is a matter of contract law, and you can bet that every such contract includes a clause wherein a member is obliged to go along with rules changes made according to whatever community method exists (boards, majority vote, whatever).
You're probably technically correct about "grandfathering"... but the term is thrown around a lot in reference to those who get to maintain status quo even though the rules have changed for others.

In our HOA, rules against renting out a unit were approved a number of years ago but for those who were already renting out their units, they retained the right to do so until the unit was sold. They call it "grandfathering" but it's really probably only specific conditions spelled out in the legal HOA docs.

FWIW, if I had bought a home with knowledge of these restrictions, I'm afraid I would probably be on the side of the neighbor who doesn't want RVs stored at homes in the neighborhood.

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Old 04-28-2013, 03:55 PM   #40
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My neighbor bought a shed for his pool. It is a real nice shed. Paid $8K for it to match his house. Another neighbor (my immediate next-door) didn't like where he put it. Deed restriction said no structure within 30 feet of any of the roads. This shed was inside his existing fence, but probably about 20 feet from the road. We have one neighbor with a garage about three feet from the road.

Our HOA has been officially disbanded. It existed primarily to maintain a sewer plant. When we were added to public sewage, the board disbanded the HOA to include terminating our corporation in the secretary of state's office.

We also had deed restrictions and covenants that had rules that said we must join the HOA. How can we join something that no longer exists?

Nosey neighbor tried to have all of us sign a petition to have the HOA reformed. We passed.

She filed a suit to have the guy move his shed. He had to move it. The funny thing is, she rents her basement out and the same deed restrictions restrict anything but a single family dwelling. I told him to sue her back. He's too nice of a guy.

One restriction we DON'T have is for RV parking, thankfully. If she gives me any grief, I will move the RV from my back left corner to the property line between her house and mine. She will have to sit on her patio and look at my roof, then. As it is now, it is pretty well hidden from view.

The kicker here is great. When the road fell into disrepair, we all agreed to repave and split it equally. Guess who wouldn't pay. You betcha, the nosey neighbor. My other neighbor approached her daddy, and he paid or made her pay. (not sure which)

"Good fences make for good neighbors." -how true.

The bottom line is that deed restrictions and covenants are enforceable by civil suit. They don't die with an HOA. Of course, individual states can be different.

Good luck.
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Old 04-28-2013, 08:26 PM   #41
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Unfortunately there is verbage saying the covenants and rules can be changed by a majority vote of home owners. While not even half of the homes voted, the new rules passed. Thus no grandfathering. I'm screwed. Also the rules are being selectively enforced.
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Old 04-28-2013, 08:48 PM   #42
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Unfortunately there is verbage saying the covenants and rules can be changed by a majority vote of home owners. While not even half of the homes voted, the new rules passed. Thus no grandfathering. I'm screwed. Also the rules are being selectively enforced.
That does really stink. It would seem to me that selective enforcement would always be cause for action... but then you'd have to lawyer up and start writing checks I guess.

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