HOA says no pickup trucks in driveway

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On Wed, 17 Dec 2008 20:07:15 -0800 (PST), Harry K

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It's not unusual in a new development for HOA agreements to only be partially complete when the first homes are sold. They add the rules after the fact.
Unfortunately, you sign a document that says, "and any other rules that this HOA may deem appropriate in the future" or some such boilerplate.
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It's not unusual in a new development for HOA agreements to only be partially complete when the first homes are sold. They add the rules after the fact.
Unfortunately, you sign a document that says, "and any other rules that this HOA may deem appropriate in the future" or some such boilerplate.
reply:
We do surveys all the time of properties that are not "built out". It is impossible to get the projected areas 100% correct, but they have us do it. On the one hand, this is a good thing, as the buyers of undeveloped properties will have something to look at regarding projected costs and dues, but on the downside, the people who already own do not have established dues, and are buying a pig in a poke. In Nevada, the dues by law can not increase more than 25% of the previous year's dues for the next year. The other down side is that we may figure too high a dues fee, and it is unlikely that any HOA will reduce their dues for any reason.
Steve
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Good discussion.
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Just out of curiosity - do you have the right to refuse to sign the agreement if you buy the house? IOW, can you buy a house in one of these HOA neighborhoods, but refuse to sign or comply?
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Zootal wrote:

dissolve condo. associations in Florida, so probably also for HOA's. Different statutes. For condo, I believe it requires assent by all of the unit owners.
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wrote:

In Maryland every development of more than x houses has to have an HOA, although it doesn't have to collect dues or have meetings.
Don't know but I think that is largely to keep in force one important part, which is that if a fire destroys a house or owners neglect it sufficiently, and the owner wants to walk away, after following a few rules, the HOA can make repairs to the home, can borrow money to make the repairs (in normal economic times), and keep a lien on the house to get the money back. And can foreclose on the lien and sell the house to get the money back. I think the purpose of this is to prevent one and then several houses in disrepair turning a neighborhood into a "slum". No matter how expensive the houses, a burened out shell is going to run down house values.

That would certainly be fair. But such laws vary by state. I don't think there even is a Uniform HOA law, or Condo Law, or Co-op Law.
In Maryland Condo law is rather detailed, but the HOA law is quite short and for everything not specified there, standard corporate law applies.
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Zootal wrote:

Purchase of a home is a contract. Accepting the HOA's rules is part of the contract. It's all or nothing.
Generally.
A covenant or rules cannot, for example, be enforced against public policy such as "... buyer agrees to never sell the property to anyone not of the Caucasian race..."
What's a little weird is agreeing to not only the HOA rules, but agreeing to abide by any changes in the rules the HOA makes in the future.
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majority vote.
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Ah,50% plus one rules the HOA.
or is a supermajority required?
--
Jim Yanik
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Depends on the docs. Some are simple majority and some are 75%. But doesn't the majority always supposed to rule?
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You must not live in the USA. You should note that the majority does NOT always "rule" here,as there are certain individual rights and freedoms.
There should be limits on what restrictions HOAs can enact against private property.(not "common" property in the Association)
In some locales,HOA's are nearly unavoidable.
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Jim Yanik
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It all depends on what kind of change is being made. Many, many changes only actually require or appear to some/many/most to require a majority of the board, maybe 9 people. Sometimes a board has vacancies. The first time I went to a HOA meeting, they had a couple vacancies and I was on the board before the end of the meeting, but prior to that the board had 7 people. 4 was a majority. I think the number of board members has been as low as 5 or 3, majority 3 or 2!
In practice, many changes can be imposed unilaterally by the head of the "architecture committee", who might decide on colors of paint, kind of fence, if a yard is too scruffy. If an owner appeals to the board, friendships can have a lot to do with which side wins.
Other rules may not affect any owner in particular, and people have other things to do than fight with a board. Speed bumps, bushes and flowers on common areas, signs, replacing the street-light bulbs with nice light, with energy efficient ones that cast light that clashes with all the front door lights and house lights. All most boards would think of is color, and very few people would even think to raise the light-color issue in advance. AFterwards, it's really hard to get anyone to change back.
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Thanks, but no thanks.
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Yes, but as in American politics, the tail wags the dog. A small percentage of any HOA is active or even knows the issues. A HUGE majority of HOAs are controlled by a small amount of people who stick together and just show up. Everyone else just doesn't want to get involved or is too busy or too stupid. And the small groups who govern are usually control freaks whose hobby it is to control other people.
Steve
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So, whose fault is that? Meetings usually are not held that often and members should attend. Elections are held once a year and board members can be recalled by a majority vote anytime during the year.. Problem is that many homeowners don't give a damn unless it affects them personally then they bitch up a storm. If they attended these meetings and opened their mouths maybe there would be less abuse by directors and the small vocal minorities.
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Of course,there are never any funny games played with the scheduling of the meetings.....
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Jim Yanik
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What happens if you have some friends over for the evening and they have trucks?
Or out of town visitors come in a truck?
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We don't need that kind of people. They have a half hour to get out of town.
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wrote:

LOL. Maybe they'll go on a rampage and drive over the perfect lawns on their way out.
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