Ughhhhhhhh. Trucks, HOAs, and Garages...

[Chris M]

I stand corrected, I do know someone.

You're lucky that you have a good HOA but as you can see by the posts here most don't. I do agree they're "supposed" to make your community look better by not having junk cars and mismatched colors on houses but you have to have a HOA that enforces this.

I went to several meeting when I first moved here and they won't tell you anything. I wasn't asking for any personal info just specifics like why is there a boat in this guys driveway or another has a gazebo 3' over the fence wall, both are violations. I was told "we can't disclose any info and they're most likely being fined every month for this". That's great you're fining them but we homeowners who are abiding by the rules still have to look at this every day. They won't have to pay the fines until they sell the house which could be years. So basically they're not held accountable for breaking the rules and we have to loo at these eyesores. Even when they move they don't make the next owner take down the gazebo and build it to code so it's there forever. I have many customers telling me their horror stories so count your blessings you're in a good one because there are many around my area.

Understood.

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[AzScorpion]

Understood.

Seriously you're lucky Chris that you have a good one.

I just wish our first management company was still running this place. They were great to deal with and would actually listen to your complaints and go out and do something about it. Personally I don't care about someones commercial truck in their driveway as long as it's not a whole fleet of them. This is their lively hood and me being self employed I understand you live in your truck, it's a mobile office. They want you to either park in the garage (most won't fit) or rent a space at a storage facility. Doing the later means you'll either have to get a ride to and from there every day or have a second vehicle to get there. Crazy!

 

[Blue Streak]

I am not going to get into all the pluses & minuses those have all ready been beet on. I have lived in all of these scenarios. The big problem with large HOA's run by the developer (investors) or a management co they are in it to make money, they don't live there. Smaller HOA's run by the property owners it all get's personal. Why is every body always picking on me.

 

[dtech]

I stand corrected, I do know someone.

You're lucky that you have a good HOA but as you can see by the posts here most don't. I do agree they're "supposed" to make your community look better by not having junk cars and mismatched colors on houses but you have to have a HOA that enforces this.

I went to several meeting when I first moved here and they won't tell you anything. I wasn't asking for any personal info just specifics like why is there a boat in this guys driveway or another has a gazebo 3' over the fence wall, both are violations. I was told "we can't disclose any info and they're most likely being fined every month for this". That's great you're fining them but we homeowners who are abiding by the rules still have to look at this every day. They won't have to pay the fines until they sell the house which could be years. So basically they're not held accountable for breaking the rules and we have to loo at these eyesores. Even when they move they don't make the next owner take down the gazebo and build it to code so it's there forever. I have many customers telling me their horror stories so count your blessings you're in a good one because there are many around my area.

Dave - yes I carefully read through the HOA docs - the actual parts of substance aren't that extensive, but most if not all have defined processes for things enacting changes and enforcement of the rules. However I did research beyond that to understand how HOAs are regulated and legally what their obligations are, this included a discussion with an attorney who focused on home owners vs HOAs . HOAs have a legal obligation to enforce the covenants in an equitable manner , usually in response to a complaint. I had to threaten my former HOA with legal action unless they responded to my complaints and they did so but only after I sent them court rulings which indicated what they legally had to do. Beyond that had I stayed in that community I and another dissatisfied resident developed a petition to oust the board, we were planning on soliciting signatures. Like many other cases of dealing with beauracracies it takes time, knowledge and perseverance - and most people don't want to be bothered with that. Could draw a parallel with democratic institutions as a whole.......but HOAs are supposed to represent the interest of the majority, if the majority fails to get involved/stay informed then you get what you get and yes most never bother to read the by laws - thinking the HOA board is going to be acting in their best interest.

 

[FordFreak]

That sounds like a Realtor problem to me. If they wanna make some money tell them you need a 8' tall garage opening.

 

[dtech]

This wandered thru the yard last week - trailing his harem - a herd of approx 80 elk, 3 or 4 younger bulls, but the dom bull was impressive. Off to hunt 3rd season in CO this week, would have preferred just to take this guy - but of course it's against those cursed HOA regs

 

[IcemanSTX]

Seriously you're lucky Chris that you have a good one.

I just wish our first management company was still running this place. They were great to deal with and would actually listen to your complaints and go out and do something about it. Personally I don't care about someones commercial truck in their driveway as long as it's not a whole fleet of them. This is their lively hood and me being self employed I understand you live in your truck, it's a mobile office. They want you to either park in the garage (most won't fit) or rent a space at a storage facility. Doing the later means you'll either have to get a ride to and from there every day or have a second vehicle to get there. Crazy!

Our HOA fees are fairly nominal, but my biggest gripe is you have to rely on board members or become one to actually get something done. We have a pocket park which was nice about 14 years ago, but is now broken and has the same wood chips in the play area from when it was built. Meanwhile, all the City owned pocket parks around the area are spotless and we'll maintained.

 

[dtech]

Our HOA fees are fairly nominal, but my biggest gripe is you have to rely on board members or become one to actually get something done. We have a pocket park which was nice about 14 years ago, but is now broken and has the same wood chips in the play area from when it was built. Meanwhile, all the City owned pocket parks around the area are spotless and we'll maintained.

Well since I spent a fair amount of time getting to know how HOAs are supposed to operate and how the one in my former community actually operated - they are bound by rules but they can misuse their power or in many cases become complacent - and that complacency can be result of lack of interest in the community they serve. Most are required to have quarterly meetings - which are open to the residences and document the proceedings and they are required to have an annual budget and account for expenditures. So if members of your community wish to have the park fixed up - they would need to express that to the HOA board - there may be money in the budget or not. Where I recently moved a non budgeted expenditure to chip seal the roads was put to a special vote to all the residents and the annual assessment was raised to pay for this. Some HOAs do function well and the one in my community has 2 yr term limits for board members, and I intend to seek a place on the board when one becomes open. But I disagree with the notion that one has to be a board member to get something done as if the majority of the residents demand a vote or get a resolution passed then the HOA board has no choice but to act. It takes some time and effort but things can get done if residents get behind it. When I lodged my complaints with the HOA they told me " we have gone to a mode of relaxed enforcement of the covenants " trying to dissuade me. However they cannot do that , either you do away with covenants or they are lawfully required to enforce them - and my threat of legal action was enough to compel them to act.

 

[FunInTheSun]

Well why are HOA's everywhere where you live ? <snipped discussion>

HOAs and condominiums are a huge benefit to the DEVELOPERs. To develop individual parcels is a LOT more paperwork. Individual surveys, platting and subdivision into single lots, etc. Then to build roads, sewers, lights, etc. and then deed them over to the city / county for continuing maintenance ... Well, it's a lot less work to keep it a single community and sell "Units" and create a small non-profit corporation to handle all the maintenance and payments for the upkeep of the "common areas" is MUCH EASIER and less expensive. For the DEVELOPER. But for everyone who buys in after, it's a never-ending obligation, shared by all the members. That can be a sweet deal, or the worst nightmare you've ever dreamed of, depending on the character of the people involved. And it's an ever-changing cast of characters, most of the time. When crooks move in and set up shop, well, let's just say, you will wish you had never signed those papers.

But it's a quick way to flip a large parcel for an enterprising attorney or contractor. Transfer all the hassle to the buyers and get out. It's also a way for an Underperforming / Mis-Managed / Insolvent Apartment Building to get out of the bag. "Dear Resident, We are delighted to inform you, that you are privileged to have the Option to BUY YOUR APARTMENT now, as we are transitioning to a Condominium." Yes, that happened to me once...

ALWAYS read the condo / HOA docs. Go to at least one Board meeting. Ask to see the minutes for the last 6 meetings. Ask for a copy of the Last three Budgets and Annual financial Reports. If they show the least hesitation or can't provide any of the above, run away. Or, if you have any administrative ability, prepare to get on the Board yourself and straighten the mess out. I have a story about this that would take a week to tell properly.

Or just look for single family homes and add YEARS to your lifespan. HOAs and Condos are for the Developer's benefit, not the Resident's. They are suitable for purchasing as a Rental Property, but DON'T live in one.

 

[FunInTheSun]

I stand corrected, I do know someone.

You're lucky that you have a good HOA but as you can see by the posts here most don't. I do agree they're "supposed" to make your community look better by not having junk cars and mismatched colors on houses but you have to have a HOA that enforces this.

I went to several meeting when I first moved here and they won't tell you anything. I wasn't asking for any personal info just specifics like why is there a boat in this guys driveway or another has a gazebo 3' over the fence wall, both are violations. I was told "we can't disclose any info and they're most likely being fined every month for this". That's great you're fining them but we homeowners who are abiding by the rules still have to look at this every day. <<They won't have to pay the fines until they sell the house which could be years.>> So basically they're not held accountable for breaking the rules and we have to loo at these eyesores. Even when they move they don't make the next owner take down the gazebo and build it to code so it's there forever. I have many customers telling me their horror stories so count your blessings you're in a good one because there are many around my area.

In Florida, you can MAKE them pay the fines. If they refuse, you can lien the property, and once the lien is established, if they refuse to pay, you can go to court to foreclose and force the SALE of the property to pay the lien. The Condo Association can take possession of the property and evict your tenant, if you are renting it out, and rent it out themselves. Haha!! Watch out when you buy a Condo / HOA. It probably doesn't work like you think it does...

 

[AzScorpion]

In Florida, you can MAKE them pay the fines. If they refuse, you can lien the property, and once the lien is established, if they refuse to pay, you can go to court to foreclose and force the SALE of the property to pay the lien. The Condo Association can take possession of the property and evict your tenant, if you are renting it out, and rent it out themselves. Haha!! Watch out when you buy a Condo / HOA. It probably doesn't work like you think it does...

I wish that was the way here then maybe more would be more apt to comply. They will put a lien on your house but nothing will happen until you go to sell it. I had a friend on the board when I first moved here. There was one homeowner who never paid their HOA dues in 7 years and then built this huge gazebo which towered over the wall. IIRC at the sake he worded over $10K in fines and back dues.

No worries I would never live in a condo. I’ve been in my share of them throughout my career and all had very high dues and after they were established most of the residents were not happy about the way they were run and the increased fees. Plus you’re so close together there’s no privacy at all.

 

[Scott D]

Just say no to HOAs.

The wife found the house that we're in ten years ago and we have planted our flag here, so to speak.

No HOA. In a watershed area. Zoning prevents any "development" like apartments, townhouses, etc. You gotta build on 3 acres or more, and everyone builds on more than that.

Front yard view

Back yard view

Left/garage view

Right/workshop/boat door view

We have great neighbors, but I still prefer to have my space. I like the ability to walk out of any door and not have a neighbor looking at me.

The perfect house is out there for you, Glocker. I hope you will have the time needed to find it.

 

[FunInTheSun]

I wish that was the way here then maybe more would be more apt to comply. They will put a lien on your house but nothing will happen until you go to sell it. I had a friend on the board when I first moved here. There was one homeowner who never paid their HOA dues in 7 years and then built this huge gazebo which towered over the wall. IIRC at the sake he worded over $10K in fines and back dues.

No worries I would never live in a condo. I’ve been in my share of them throughout my career and all had very high dues and after they were established most of the residents were not happy about the way they were run and the increased fees. Plus you’re so close together there’s no privacy at all.

The key is for the Association to use an Attorney to foreclose the lien. They will either pay up, or the judge will FORCE the sale of the property. But it has to be recorded, etc. There is a process, and a good lawyer can tell you all the hoops to jump through. The Association is likely not powerless, they just don't know what they can do, or how to do it.
I have over eight years experience on a Board myself, beginning my "career" with a hostile takeover / recall of the existing Board of Directors. It was necessary because the County had fined over 100 of the 135 units for illegal additions, etc. and was threatening to remove a LOT of existing infrastructure (fences, etc.) which was going to cost well over a million dollars in fines, fees and demolition costs, which would be paid for by the Unit Owners as Special Assessments. It all happened as a result of internal vendettas among Board Members wherein they decided to report one another's illegal additions to the County for personal reasons. We discovered in the course of trying to solve the problem that the Developer had not built the community according to the Approved Land Use Plan (over 30 years previously), resulting in a legal problem that involved the hiring of a Land Use Attorney, a complete survey a fresh set of As-Built Land Use drawings and documentation for a new Zoning Hearing, costs exceeding $150,000, and several years of negotiations with the County, while fighting off the attempted interference and obstruction by the same former Board Members who caused the problem to begin with. The Management Company and Attorney these Board Members were using were extremely troublesome as well, and we went through a few iterations of each before finding suitable assistance in these areas. We were fined by the State of Florida because if the previous improper actions of the previous Board. (No meeting minutes, financial records, Budgets or Annual Reports for more than 5 years.) We managed to get this all done without raising the monthly maintenance Fees or any Special Assessments. I made a lot of friends, a few enemies, and we finally sold the property a few years ago to our immense relief. Education is expensive, whether acquired in a classroom or the real world. I didn't have a heart attack or a stroke, but there were times it was a close thing... I will never get involved in another Condo / HOA until and unless our culture changes significantly.

 

[dtech]

ALWAYS read the condo / HOA docs. Go to at least one Board meeting. Ask to see the minutes for the last 6 meetings. Ask for a copy of the Last three Budgets and Annual financial Reports. If they show the least hesitation or can't provide any of the above, run away. Or, if you have any administrative ability, prepare to get on the Board yourself and straighten the mess out. I have a story about this that would take a week to tell properly.

Or just look for single family homes and add YEARS to your lifespan. HOAs and Condos are for the Developer's benefit, not the Resident's. They are suitable for purchasing as a Rental Property, but DON'T live in one.

excellent advice - as far as I can tell many people don't bother to read the docs - I know when I sold my home in Sept the buyer's agent requested the budgets, meeting minutes, financial reports, any disciplinary action taken against residents. I pulled the available docs - but this HOA hadn't even bothered to take notes for the quarterly meetings for several yrs, I may have been the only person to read the annual reports and there were some highly questionable expenditures - the majority of residents in many HOA communities are fat dumb and happy so with little accountability HOAs are free to overstep their charter and do whatever they please.

Some yrs back in Colorado the Denver Post did a series of articles exposing some of scams developers engage in with respect to establishing HOAs and securing seats on the boards - without even being residents of the community. The result was some outrageous fees being paid to the develops, the reporters interviewed numerous residents that never bothered to read the docs that identified the excessive fees, some of fees were to pay for loans at way above normal interest rates to the developer. So these buyers just rubber stamp the docs and afterwards complain they've been fleeced.

However I will point out in some instances developers have nothing to do with forming the HOA - it is handled afterwards by the community. Not all are bad, just way too many are.

 

[Blmpkn]

The key is to respect yourself more than what an Individual who lives in a HOA does.

I'd rather be homeless than live in a neighborhood than can fine you for having the wrong color mailbox. People like that are absolutely fucked.

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