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-   -   Homeowners Ass (http://cellar.org/showthread.php?t=23459)

Cloud 08-30-2010 01:16 PM

I'd be very surprised if you found a modern urban or suburban development in incorporated cities or towns that did NOT have restrictive covenants on it. Out in the sticks--maybe, but that's about it.

We defended one suit where a guy built a shed in his backyard, which the neighbors did not like. Another lawsuit where the neighbors sued a guy in a wealthy development for painting his house orange. (Rules said it had to be a natural desert color--we were able to show that there were desert plants that bloomed in this color). Two other suits where people made additions to their homes that were either too close to their neighbors' fences, or not approved by the HOA. These were all large, expensive single family homes.

classicman 08-30-2010 01:45 PM

Quote:

Originally Posted by classicman (Post 679382)
The more recent trend does go to the builders who buy large plots of land and build developments. Some are restricted, others not.

Quote:

Originally Posted by Cloud (Post 679394)
I'd be very surprised if you found a modern urban or suburban development in incorporated cities or towns that did NOT have restrictive covenants on it. Out in the sticks--maybe, but that's about it.

I was referring to those where the homes are custom designed and built in that fashion versus the developments. Poor writing on my part. As the economy has tanked, there are certainly fewer of these, but there are some still around.

glatt 08-30-2010 01:59 PM

Quote:

Originally Posted by Cloud (Post 679394)
people made additions to their homes that were ... too close to their neighbors' fences

This is a county law around here. You have to get a building permit to build an addition, and it has to have certain setback from the property lines. That's totally different from not mowing your lawn, painting your house a funky color, or having a flock of pink flamingos in your yard. It's reasonable to control construction of buildings.

Shawnee123 08-30-2010 02:24 PM

Quote:

Originally Posted by Sundae Girl (Post 679377)
TBH - I was only thinking of this in terms of rental property. In which case I agree with both smoking and animal bans. And yes - if you move into a property where cats aren't allowed, you can't bitch about it afterwards.

However I didn't realise that we were talking about whole communities of people who own and will sell their own homes, being told what they can and cannot do inside them. Wow. Land of the free...?

Besides, in England, wouldn't it be Homeowners Arse? :)

Lamplighter 08-30-2010 02:28 PM

A (sort of distant) neighbor was having troubles with his yard-signs being stolen at night before a nat'l election, so he painted the same signs , only much larger, directly onto the front of his house.

It drove the neighbors crazy to the point of complaints to the City, articles in the newspaper and local TV, and complaining letters to the Editor.

Many of us just got a big kick out of all the furor,
and the neighbor got his 15 minutes of fame.

Sundae 08-30-2010 02:33 PM

Quote:

Originally Posted by Shawnee123 (Post 679407)
Besides, in England, wouldn't it be Homeowners Arse? :)

It would be Homeowners Kiss My Arse!

Honestly, I had no idea the rules could apply to normal people living in normal houses. To me a Housing Association is a registered charity that provides below market cost rental properties and therefore is entitled to place restrictions. I know some - private - flats that have petty rules about no decorations outside the front door and all that (tripping hazards). But really, people unable to smoke in a house that they personally own? Now that's getting silly.

Clodfobble 08-30-2010 02:40 PM

The theory behind it is property values--if your neighbor leaves trash out on the street, paints his house neon green, and has 10 pet dogs chained in the front yard, your house is going to be worth less, maybe even unsellable. Each neighborhood has its own set of rules that either the developer drew up, or the original set of neighbors drafted and agreed to. In addition, any neighborhood with a Homeowner's Association also has yearly dues, which are spent on neighborhood parks, community fencing along roads, that sort of thing. Ours has 3 pools and a really nice community center, and I've never heard of the rules around here being arbitrarily or unnecessarily over-enforced, so it's not all bad.

HungLikeJesus 08-30-2010 03:17 PM

I've never really understood why people want their property values to go up - doesn't that just increase your property tax?

Cloud 08-30-2010 03:35 PM

even custom designed homes are in subdivisions, and the subdivisions have restrictions.

I'm buying a yurt to stick down in the middle of suburbia. rotters.

Gravdigr 08-30-2010 04:11 PM

Quote:

1. Thou shalt not plant too many roses
A Rancho Santa Fe, California, homeowners' association targeted Jeffery DeMarco for exceeding the prescribed number of rose bushes allowed on his four-acre property. When DeMarco balked, the HOA levied monthly fines, threatened foreclosure, and ultimately defeated DeMarco in court. After a judge ruled that the willful rose enthusiast had violated the community's architecture design rules, DeMarco was forced to pay the HOA's $70,000 legal bill -- and lost his home to the bank.
This how some people get killed. But, really, if you move into a neighborhood with an HOA, you pretty much deserve what ya get.

jinx 08-30-2010 05:10 PM

People (home buyers) are attracted to HOA neighborhoods because of the curb appeal and ammenities that regular neighborhoods don't have. The HOA rules and regulations are not a secret - generally settlement can not be made on a home until these are read and signed by the buyer (often, offers on a home will not be accepted without including a buyer-signed copy). Complaining about what happens when you break the rules is retarded... shoulda bought a different house (but you probably didn't like the purple yurt next door to it).

People that this story is written about are the people that want their own freedom but don't want their neighbors to have any. Fuck em.

Happy Monkey 08-30-2010 05:46 PM

There are probably plenty of people who bought a place despite the HOA, not because of it. It's still on them if they fall afoul of it, but it's not necessarily true that they "don't want their neighbors to have any" freedom.

jinx 08-30-2010 07:19 PM

Quote:

who bought a place despite the HOA, not because of it.
Why, because the beige wall-to-wall was such a nicer shade than in all the other cookie cutters they looked at that day? Please.

Happy Monkey 08-30-2010 09:21 PM

Price, location, the house itself, there are tons of factors in choosing a home, and they all have different weights for different people.

classicman 08-30-2010 09:25 PM

location , location & location are the big three.


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