That is an illegal discriminatory rule and will be thrown out by the court
as soon as someone takes it to court. There are many HOA's that will not
allow you to rent, or only allow you to rent to a tenant for a minimum
period of time to prevent transients coming and going but they don't
discriminate against any group of people. There are also adult communities
that won't allow a sale below the age of 55. These are perfectly legal.
That's not always the case. In my case, I came from another state I
had no clue there even was an HOA until the closing, and it was either
the middle or the end of that. I didn't see the docs at that time, and
I don't think anyone in this n'hood has ever signed a statement to
abide by them. I don't think anyone in Maryland signs a statement to
abide by the rules, and some or many of my neighbors have completed
the closing and moved into the house before they see a copy of
anything (Articles of Incorporation, by-laws, and I think one other)
Actually I was pleased to see the papers, and I agree with everything,
or almost everything in the papers I got. These are townhouses and it
protects me from obnoxious neighbors. I suspect the typical rules for
free-standing houses are different, and I suspect if I saw a typical
set of them, I'd like them too.
Although some people might not. But even if one does know and
approve of the rules, the rules are often changed later by stupid or
excessively selfish or dishonest boards, or even a couple members of
the board. Or rules are imposed by a "Architecture committee" that
might only have one person on it if no one else voluteers, of if they
do but the chairman doesn't bother to call them under after he has
made the rules he wants.
There are many ways to screw over one's neighbors using the HOA rules,
some of which are inevitably judgment calls, and it's very hard to
show that personal malice was a motive, as it often is. Or at the very
list, "I like to do things my way, and I'm going to make sure you do
things my way too". The written documents rarely go into much detail,
so there is plenty of room for abuse.
In my case, the current pres of the HOA is a liar, a cheat, and a
thief, but no one wants the job but she. She does it for the
emotional satisfaction of getting her way and pushing people around,
and slightly for the graft she gets. Fortunately for me, her bad
traits have only caused me slight inconvenience, until perhaps these
past 10 months, and then only because an unreasonable neighbor moved
next door to me. But she's caused lots of other small and big
problems for others. Details on request.
But absolutely, I would say that 23 or 24 of my 25 years here were
good, and the HOA rules helped them a great deal to be that way,
rather than hindered them.
In theory there's something positive to be said for keeping some
amount of goverment almost as close to oneself as possible, and not
having the county government make one set of rules for everyone in the
county. Details on request.
As to why one would buy in such a place, surely that was a rhetorical
question. There are a dozen major factors to consider when buying a
house and this is only one of them. The usual way to avoid a problem
while still having the good things one wants is to spend more money,
and not everyone has more money. There is a constant theme in many
newsgroups that people are at fault when they don't just spend more
money to avoid problems.
A friend of mine bought in a HOA and totally reviewed and approved of
the rules presented at that time. What he didn't approve of was that
those rules were just the start of what has become a never ending
addition of stupid rules. As an example, shortly after he move there
his inlaws came for a visit. (This is a subdivision where the minimum
lot size is two acres and my friends house sits on 4 acres.) He
inlaws came in a $200K motor home and spent two nights. They pulled
totally in the driveway at the back part of the house. The motor home
could only be seen from one side of the house. Two weeks after that he
received a notice from the HOA that they had voted a new rule that
disallowed the parking of a motorhome overnight anywhere within the
A few months after that, he pulled the fuselage of a plane he is
building in his 4-car garage out onto the driveway to do a trial
mounting of the wings. He just had it out there for Saturday and
Sunday before putting everything back inside his garage. A few days
after that, he received notice that the board had again imposed a new
rule against building an airplane in his garage. That is only a
couple of the rules that have been implemented since he bought his
I am nearly an expert in this field. Many people do not get a copy of the
cc&r's until AFTER closing. Many cc&r's are faulty, and I mean faulty in
major ways. I read one where the property was described as being in two
counties and three different townships. Someone had cut and pasted the
document together, and musta been smokin' some good shit that day. The
trouble is that mostly you run into problems after the fact, and then it
costs a lot to fight. AND, usually, it's the BOARD that interprets the
cc&r's and can legislate from the podium, much like the US legal system
today. They're wrong, but until the law is overturned, it's the law. As in
the case of the pickup. And hoisting the flag. And other cases. And cases
$100,000 in legal fees? This guy won. Do you know how many people lost and
are on the hook for a lot of dough? A lot.
HTH. Info from an insider.
City adopted an
"overlay" code that further restricts property use/appearance. No
campers or commercial
vehicles parked outside, certain setbacks, etc. We had a small pop-up
camper in our condo
lot until that was passed. Condo assn. said we couldn't park it. Got
rid of it. The condo
assn. tried to keep another owner from parking a "commercial" truck in
the lot....the guy
worked for the city and took home the city vehicle when he was on call.
The latest issue is three out of eight owners who have liens on their
units for unpaid
monthly assessments. One, who purchased his unit (doesn't live in it)
has been delinquent since September. Mo. assess. close to $300/month.
the fourth sewer blockage in about 3 years. I contacted the city after
did his work to see if city side could be the problem. City said their
end was good
but ran a camera up our pipe and said it was bad........I can finally
thank the city for
doing something. Looks like we have considerable digging in our future :o)
See, that is why I don't like HOA's. I consider both of those
restrictions unreasonable, and while neither directly affects me,
who's to say that something that I consider reasonable to do with my
property wouldn't offend some of my more sensitive neighbors? I do
own a pickup truck, and it's not particularly shiny or new. I use it
for getting materials for home renovation projects, hauling large
loads of trash/yard debris to the dump, etc. Not having it would
result in the overall appearance of my property declining, as it would
be more difficult for me to clean up around the place so it'd likely
get done less often.
Fortunately I live on a laid back street with no HOA and the only
comments I've heard from neighbors were thanking me for cleaning up
the place. (previous owners were well-intentioned eco-nuts, but I had
to neaten up some of the things that they did to the yard because it
bothered me to let everything go *too* wild. It's an ongoing process,
Ah, you are talking about a municipality. The HOA is a totally different
Anybody in an HOA in Florida who is not familiar with the state statutes
regarding their type of HOA and in particular FL 617, which deals with
corporations not for profit, probably deserves what they get.
And that goes double for anyone who gets on the board.
Been there, done that,
Truck or commercial vehicle? States vary on registration, but some allow a
regular tag on a pickup truck, but a commercial tag is needed over a certain
size or for commercial use. In my town, tractor trailers are restricted,
others are not.
It is a good argument for doing that, but there are lots of good
arguments for not doing that also**. People have to make choices.
**Watch "Mr. Blandings Builds his Dream House" with Cary Grant and I
forget who else.
It appears to me that USA is the America that is the country that is
"Land of the Free, Home of the Brave" - as in majority being "Freedom
Loving Outlaws". Look at how Prohibition and the national 55 MPH speed
limit played out! Look at the bits of the "Interstate Highway Network"
currently having speed limit poted 55 - and check out actual average speed
through most of those!
And my fellow freedom-loving Americans living in those HOAs ruled by
petty busybodies need to be as willing to waste some time running for HOA
board offices and to waste some time serving in those offices!
Freedom-loving Americans in HOA developments need to be willing to put in
and waste some time and effort (though I may dispute such time/effort
being "waste") as willingly as they like to keep firearms and use
recreational drugs and violate 55 and 50 MPH speed limits on
multilane limited-access highways that are parts of the "Interstate
- Don Klipstein ( email@example.com)
It appears to me that in most of the portions of Nevada with much
homebuilding by developers, HOAs are mandated to be created.
Not that this covers most of Nevada, since most of Nevada is currently
*not* being "developed" by homebuilders or homebuilding outfits.
Most of Nevada, even most of the majority not owned by America's
"gubmint", is undeveloped desert land that appears to me mostly available
for cheap. I even expect below-average restrictions from building codes -
for one thing, it appears to me that tents and "lean-to"s have low
exposure to building codes while lacking municipal plumbing/sewage
connections. Usual electrical codes appear to me to allow "on-grid"
electrification of "better lean-to" sort of buildings and most log cabins,
where the "grid power" is available/purchaseable.
Not that I think that every acre or even every square mile of Nevada has
"grid power" being available without some kind or another for billing to
pay at least some significant part of the cost to build existence of "grid
power" where there used to be none...
Some of the more-rural counties of Nevada are very large - it appears
to me like 5,000-plus square miles! Check into "county law" - in case
that affects what municipalities and HOAs can do!
- Don Klipstein ( firstname.lastname@example.org)
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