HOA says no US flag

[pandus13]

Originally Posted By: Astro14
Originally Posted By: Olas
If you own the house and the land it's built on, nobody can tell you what to do. Private ownership.


If you signed a contract with an entity, and agreed not to do something, and agreed that they could levy fines against you, then yes, they absolutely CAN tell you what to do, even though you own the land and the house.

Because you agreed to the terms and conditions of the contract when you signed it.

An HOA is a contract. Breaking it, or just dishonoring it, can be problematic.

....there can something even more problematic:
-spotty enforcing: like not really enforcing the rules for 10 years, then all of a sudden, enforcing them to the letter.
...and all the passive-aggressive problems from couple elders...
I had to begin some of my communications with the HOA with "this is a family community, not a retirement community"

 

[Astro14]

Olas - I think you're still missing the point.

The house and land in this case are privately owned.

However, when the ownership is transferred, that home, and the land on which it's built, are part of an HOA. The HOA is a contract, and it's binding. You agree to the contract as part of this sale.

Yes, you own the land. You own the house.

But you've entered into a contract as a condition of the purchase, and now, you have to honor the terms of the contract.

If the terms look like this: Flags are prohibited. Overnight parking of cars in driveways is prohibited.

Well, then you have to follow those terms, because you agreed to the contract when you bought the house.

Now, if you don't like those terms, you should not have agreed to the contract. Or, you can spend big $$ on attorneys to change the contract. Or, go back and read my example in a prior post. I got the HOA to change the terms.

But, no matter what you think property rights should be, in this case, the property is encumbered, and the purchaser agreed to the encumbrance.

 

[Astro14]

Originally Posted By: pandus13
Originally Posted By: Astro14
Originally Posted By: Olas
If you own the house and the land it's built on, nobody can tell you what to do. Private ownership.


If you signed a contract with an entity, and agreed not to do something, and agreed that they could levy fines against you, then yes, they absolutely CAN tell you what to do, even though you own the land and the house.

Because you agreed to the terms and conditions of the contract when you signed it.

An HOA is a contract. Breaking it, or just dishonoring it, can be problematic.

....there can something even more problematic:
-spotty enforcing: like not really enforcing the rules for 10 years, then all of a sudden, enforcing them to the letter.
...and all the passive-aggressive problems from couple elders...
I had to begin some of my communications with the HOA with "this is a family community, not a retirement community"


Agreed.

The HOA is simply one party in a contract.

And parties can act like complete jerks, which is where attorneys come in, and courts may not rule in favor of parties that act inconsistently.

IF past practice was to ignore some stipulation of the HOA (e.g. no overnight parking in driveways from my Colorado example) and then, after ten years, they enforce it, a good attorney can nullify that stipulation since the HOA accepted the past practice for so long.

But that takes $$...

Now, if the HOA (which has some sort of elected governance) is reasonable, then dealing with them may not be a hassle.

It's when you get petty little tyrants and busybodies on the board of the HOA that you get "problems"...and I've seen that, too...HOAs usually have attorneys, and it can get ugly...

 

[ZeeOSix]

Originally Posted By: grampi
Originally Posted By: ZeeOSix
Originally Posted By: grampi
Some say there are benefits to belonging to an HOA, but I think the bad far outweighs the good...I would not buy a home with an HOA...

I live in an HOA which has reasonable bylaws and low HOA dues, and I think the good definitely out weighs the bad. It keeps the houses and lots in this neighborhood from continually declining because people are too lazy to mow and weed their lawns, keep their house painted, park junked cars with flat tires on the streets, and kinds of other nonsense like that. If you live in a neighborhood where people can do whatever they want, chances are you're going to have some neighbor doing all kinds of crazy stuff that you're probably not going to like at some point.

Also, if you live inside a city limits, the city will also have all kinds of rules for residences to follow.


We don't live in an HOA, and our neighborhood is fine. We have none of the junk cars in yards, or people who don't take care of their yards or property in general, everyone here has enough pride in their places to keep them up...


You're lucky, or else you're in city limits so there are rules imposed by the city. And just because it happens that some non-HOA neighborhoods have decent people living there doesn't mean it happens everywhere.

My neighbors across the street are in foreclosure because they are too focused on alcohol and dope to be responsible enough to pay for and take care of a house. They should be living in a trailer out in the woods someplace where they can do whatever they want without impacting people around them. They are basically the "scum bags" on my street, and I'll be glad when they are gone in a few months.

 

[Wolf359]

Originally Posted By: ZeeOSix
My neighbors across the street are in foreclosure because they are too focused on alcohol and dope to be responsible enough to pay for and take care of a house. They should be living in a trailer out in the woods someplace where they can do whatever they want without impacting people around them. They are basically the "scum bags" on my street, and I'll be glad when they are gone in a few months.


Sounds like they need to live in a van down by the river.

 

[dailydriver]

Originally Posted By: Killer223
liberalism is mental disorder.


Except for the fact that this HOA management group where I live is a 'richy-rich' right wing oriented entity, so your 'with the program'/status quo on here worldview does NOT fit in this case.

 

[wwillson]

lock time