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Old 03-15-2011, 11:30 AM   #29
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Does anyone read the CC&R's before they purchase? I have been on both sides of this issue there is no easy way out. Just because the builder said yes and a group in your favor wrote a letter saying yes if the covenants or CC&R's have not been changed they rule. Most States say they must be renewed every X years if they have not over the 40 years well they are no good. But if they are enforcible you most likely barking up a tall tree.

LEN
This is a timely discussion since we just bought a townhouse. Before we ever made an offer, we met with the president of the HOA and went over the CC&Rs with him. We discussed things which concerned us (could we build a fence to restrain our dogs, sat dish on roof, etc) and found the direct answers to all of our questions contained within the CC&Rs. Then we made an offer.

It sounds like problems arise when HOAs have been lazy and selective in when and with whom they enforce the rules... or of course when a home owner feels that the rules don't apply to them.

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Old 03-15-2011, 11:34 AM   #30
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I would LOVE to get the deed restrictions changed in my subdivision to allow us to park our RV in the driveway. Right now, we're only allowed to park it for 4 HOURS!! So, that means if we want to load it at night and then leave at daybreak, we can't do it.

Sadly, a realtor friend of ours tells us that most buyers she works with these days want a neighborhood with NO HOA! People are fed up with the gestapo tactics and all the BS. Hmmm, maybe I should go to the next HOA meeting.
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Old 03-15-2011, 12:09 PM   #31
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HEY...I am offended by that remark...!!! I am one of the good attorneys...You know public service, helping the little guy, tilting at windmills, and all that stuff...

And a wonderful person you are sir. You are the one diamond in the outhouse hopper. Bless you ! And while I am on that topic, I also keep my distance from heavy duty religious types. (read:take your money and pray for you).
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Old 03-15-2011, 12:10 PM   #32
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In theory, a HoA & bylaws probably sounded like a good thing. You know, to keep things uniform & providing a nice-appearing development to attract a certain class of people. Or, at least so one didn't end up with THIS person for a neighbor

Unfortunately, the HoA's got a "power surge" & have abused that power in trying to uphold the bylaws by nit-picking at every little thing. Those folks need to get a life.


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Old 03-15-2011, 02:32 PM   #33
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I am reminded of a problem a Friend of mine had in either Farmington or Farmington Hills, michigan. He is a ham radio operator as am I.

He wished to put up an antenna tower so he went to the city and applied for a waiver on the zoning ordinance limiting the height of structures. They granted a TEMPORARY waiver, renewable.

He put up his tower, and for several years renewed the waiver. However some new neighbors moved in and pitched a bitch and the city denied...

He sued.. I mean the tower was in place, he was not about to take it down.. The judge heard the term "Temporary waiver" and went ballistic, I HAVE NEVER HEARD OF SUCH A THING, Once it's built with approvial, and the structure is approved as sound you can not make him take it back down!

During the course of the hearing the investigator for the ham went round to the houses of each and every city comissioner.. ONE, just ONE of them was legal, all the others were over height per the ord.

OH,,, The tower still stands.
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Old 03-15-2011, 06:46 PM   #34
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And a wonderful person you are sir. You are the one diamond in the outhouse hopper. Bless you ! And while I am on that topic, I also keep my distance from heavy duty religious types. (read:take your money and pray for you).
Why thank you Chuck!!! BTW, I am a lady diamond in the outhouse. After two previous careers, decided I wanted to help people out of the judicial quagmire that they sometimes managed to get themselves into. I went to law school at the age of 50 and now I am having a grand time being a poor but happy country lawyer... Hope to see you in our travels some day so I can prove that not all good lawyers are dead lawyers...LOL!!!
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Old 03-15-2011, 07:44 PM   #35
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I went to law school at the age of 50 and now I am having a grand time being a poor but happy country lawyer... Hope to see you in our travels some day so I can prove that not all good lawyers are dead lawyers...LOL!!!


Excellent!!!
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Old 03-15-2011, 07:55 PM   #36
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Why thank you Chuck!!! BTW, I am a lady diamond in the outhouse. After two previous careers, decided I wanted to help people out of the judicial quagmire that they sometimes managed to get themselves into. I went to law school at the age of 50 and now I am having a grand time being a poor but happy country lawyer... Hope to see you in our travels some day so I can prove that not all good lawyers are dead lawyers...LOL!!!

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Old 03-15-2011, 09:10 PM   #37
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Why thank you Chuck!!! BTW, I am a lady diamond in the outhouse. After two previous careers, decided I wanted to help people out of the judicial quagmire that they sometimes managed to get themselves into. I went to law school at the age of 50 and now I am having a grand time being a poor but happy country lawyer... Hope to see you in our travels some day so I can prove that not all good lawyers are dead lawyers...LOL!!!
Congratulations, You are to be commended. The world needs more wonderful people such as you. It must have been your two previous careers that kept you grounded.
My wife worked at a large law firm in downtown, Los Angeles. for 40 years. She worked as a legal secretary, paralegal and as a Human Resources Manager. Hence my tainted view of the profession. Talk about overinflated egos. You shocked me with the Lady diamond, I'm sorry for being so crude. My best to you !

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Old 05-18-2011, 11:50 PM   #38
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The theory of HOAs protecting property values is a good one but in practice, it usually doesn't work because the bylaws, etc. are to broad, opening the possibility of power mad and/or vengeful leadership, or are too specific, leaving no leeway for anything in unusual circumstances. There is no way I'll ever live where there is an HOA.
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Old 05-19-2011, 12:30 AM   #39
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It's been awhile now but I remember my dad having issues with the condo development we moved into in 1965. The fix was to run for president and lobbied the board to amend the HOA covenants. The problem was that this was a group of at least 10 other "groups" of condos of 40-70 units each, and all governed by a "Super Board". So he ran for that position as well (and won). Sometimes that's what it takes..
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Old 05-19-2011, 10:36 AM   #40
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It's been awhile now but I remember my dad having issues with the condo development we moved into in 1965. The fix was to run for president and lobbied the board to amend the HOA covenants. The problem was that this was a group of at least 10 other "groups" of condos of 40-70 units each, and all governed by a "Super Board". So he ran for that position as well (and won). Sometimes that's what it takes..
That is an example of what is wrong with most HOAs. Someone with an axe to grind or a personal prejudice against something can get into office, then abuse their power to get their way (this is not to say your Dad did that).
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Old 05-19-2011, 12:04 PM   #41
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Here is the sadist part of this problem:
There is three old biddies; (yes there women) that cause all the problens for me; and everyone else. they made up a patition to get rid of my motorhome and took it around the neigherhood to get people to sign it; not a single person in the whole development would sign. (I get along well with all my neighbors).
There are those that get joy out of causing other people problems. realy sad; you almost have to feel sorry for these poor demented folks.
they managed to get on the board of the association; been there for years, and years. (no one wants the job)
Please no one advise me to get on the board; I'm afraid I would do something that I would regret.
I'm not ciding with anyone--just thinking out loud.

If the howeowners board does not enforce all the by-laws equally and fairly then they cannot enforce any.

Someday you may need the board to be effective.

By laws can be updated to meet current situations. It happens.

Who knows maybe the "officers" feel as stressed as you over this and would welcome a resolution that works.

I'm not sure you must be on the board to effect change.

There must be a provision/proceedure for changing the by-laws. If so many are in favor of you, a voting majority of home owners, then a vote for change would provide the new rules and boundries for the board.

Maybe the rules are actually in your favor---you could stay within them and get the relief you seek.

A calm deliberate strategy may get people further than conflict.

Terrible things have happened in lesser circumstances. Stay cool.

I wish you all well-----
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Old 05-19-2011, 12:29 PM   #42
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fansill; Would it be possible for you to quote case law about finding "a good live lawyer" Thanks.

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