That varies with each locality just like the weather. Asphalt replacement
is $ .95 per square foot, and has a life span of twenty to thirty years.
Seal coating is $ .20 per square foot, and a good sealcoat job lasts five
years. And that varies with the area, too.
I have houses on a county street in that location. When there's an issue,
they send out a patch team, but I have yet to see them entirely seal coat
the entire cul de sac in five years. It needs it. We do get gypsies who
leave flyers, but we haven't and won't take them up on it. In a HOA, they
will do small patch jobs, but they usually do sealcoating more frequently
than cities or counties.
The asphalt area in most HOAs is one of the biggest areas, in there with
landscaping. I have seen landscape percentages from 11 to 47 percent of the
total property, usually dictated by the age. The new ones are higher
density. Streets don't vary in percentages as much as you need a certain
amount of streets for a certain property. Also, you can kill landscape
areas and xeriscape or pave over, and you can't do that with asphalt.
Apply the math with asphalt areas running up to a million square feet of
asphalt, and that's a good chunk of the monthly assessment, along with the
HTH. Just little tidbit of info.
That all depends on whether you have a gated community or a public
An HOA could be set up either way. I live in a public road community
but most HOAs around here are willing to maintain their own roads for
the privacy. BTW the gates and guards cost more than maintaining the
road. Gates are a constant maintenance nightmare. It is could easily
cost each resident $1000 a year for that amenity. Since they do
control access their roads do last longer. You don't have big trucks
taking shortcuts down your road.
I lived for 9 years in Columbia, MD which is layers upon layers of HOA's.
My take: Let the buyer beware. Simple and short.
You are required to be provided notice and documentation that you are moving
into a HOA property and house. You agree to the arrangement (and property
lien documents) when you purchase the land and house. Period. You are
assumed to be an adult at the time of purchase.
I have no tears to shed for anyone who purchases into an HOA, and later
decides they don't like the HOA because it is a bunch of busy bodies. Why
do you think the states allowed HOA's in the first place. So the states
could concentrate all the busy bodies together and then they would leave the
rest of us alone.
I am totally in favor of HOA's. I like not having busy bodies bothering me
where I live.
I never have understood why people can't seem to recall that the first
words of the first amendment are "Congress shall not".. For the most
part, the first amendment covers only what government does. Thus, if I
want to leaflet at a Mall, they can toss me out of the door barring a
state law to the contrary because it is private property. Even then it
would be a state law and not federal or constitutional question.
Another amendment, I believe the 14th, extends these restrictions to the
states - and it has been understood that this includes all lower lwvels of
And I have heard of court cases restricting HOA rulemaking, I believe on
basis that HOAs are a level of government - nad have to obey the Bill of
Rights. (IIRC - it has been years since I read the newspaper article
- Don Klipstein ( email@example.com)
Right, although it might be some other law. After I sent this, I
thought it was more likely Fair Housing Act or something similar.
Actually I was both right and wrong. From HUD's website:
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as
amended, prohibits discrimination in the sale, rental, and financing of
dwellings, and in other housing-related transactions, based on race,
color, national origin, religion, sex, familial status (including
children under the age of 18 living with parents of legal custodians,
pregnant women, and people securing custody of children under the age of
18), and handicap (disability).
ALL of the Constitution is a limitation *on government*.
NOT any limit on the People.
Even on such "private property" -open to the public-,you still retain
certain rights,and they are still subject to certain government
regulations,such as health,safety regs,both state and Federal.
As people are so quick to say;"no right is absolute".
Even in the public areas, absent a state law to the contrary, there
is no right of assembly, you have no right of free speech in that they
can toss your behind for leafleting, etc. Even under this theory, it
is a long stretch to suggest that the HOA is public.
Okay, thread drift gets a little confusing to me at intervals. But
then life gets a little confusing to me at intervals... But as I
said, absent state laws to the contrary the Supremes have said that even
the public spaces in malls are private property and no constitutional
protections extend there to.
IIRC, the way I remember a bit going in the courts is that an HOA is
a level of government, and therefore subject to the restrictions on
government by the Bill of Rights (1st 10 amendments to the USA
Constitution, especially the 1st), as extended to non-Federal governments
in the USA by another constitutional amendment (I believe the 14th).
- Don Klipstein ( firstname.lastname@example.org)
Interesting. I guess we'll see what happens. If you happen to recall,
was this based on specifics on a state law or where they attempting to
get it declared that way on some other way that might be applicable to
Given that most Florida HOAs purport to exercise quasi governmental
and do so under authority provided them by state law, theres a real good
argment that a Florida HOA is subject to the First Amendment and cannot
restrict whats on that web site.
Your mall analogy is not at all applicable.
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