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.
"Sanity" wrote
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 to come.
$100,000 in legal fees? This guy won. Do you know how many people lost and are on the hook for a lot of dough? A lot.
HTH. Info from an insider.
Steve
Truck or commercial vehicle? States vary on registration, but some allow a regular tag on a pickup truck, but a commercial tag is needed over a certain size or for commercial use. In my town, tractor trailers are restricted, others are not.
That varies state to state.
Steve
"Sanity" wrote in news:Dyh2l.9420$ snipped-for-privacy@bignews5.bellsouth.net:
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.
"Sanity" wrote in news:z%h2l.9439$ snipped-for-privacy@bignews5.bellsouth.net:
Hey,they are always free to move elsewhere.Views are not "rights". In most locales,RVs and such are prohibited from the FRONT part of the property.
Easy to say,but not so easy in practice.
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
This varies from state to state, Walter. Some states, like Utah have very few laws regarding HOAs.
Steve
"Sanity" wrote in news:Ewh2l.9418$ snipped-for-privacy@bignews5.bellsouth.net:
"Sanity" wrote in news:86j2l.9461$ snipped-for-privacy@bignews5.bellsouth.net:
Of course,there are never any funny games played with the scheduling of the meetings.....
..
de quoted text -
And if he was given a false copy of the rules and signed thinking they were correct?
Harry K
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.
I meant here "the remedy that a court would likely say the plaintiff had", not the right to disobey the rules after he went through with the purchase.
I'm not saying this is a good remedy, not at all. I was just predicting what a court would say in the case raised.
I don't even consider getting a copy of the documents at the closing to be of much value. Who is going to stop and read them at that time, with everyone waiting, and who is going to delay the closing to give himself time to read them and consult with his family about the effect they will have on them, or with a lawyer about the legal obligations?
Getting them at the closing, which seemed to be supported by some posters, even at the start of the closing, is pretty much worthless in terms of deciding whether to buy the house. 99%+ with go ahead with the purchase.
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.Some jerks don't read the rules or think that they are special. Jerry
In article , SteveB wrote in part:
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 Highway Network".
- Don Klipstein ( snipped-for-privacy@misty.com)
I once saw a condo communty that you couldn't have a pumpken out on holloween. But some body notaced it didn't saw you couldn't put a picture of one in your window.It looked like crap with pictures in ' every ' window of 50 condos. Jerry
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 ( snipped-for-privacy@misty.com)
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.
And if he was given a false copy of the rules and signed thinking they were correct?
Harry K
Another conspiracy theory. You are GIVEN a copy of the docs and you sign off that you received them. No one slips a mickey to you.
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