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HOA Orders TARDIS Removed From In Front of Parrish Home

An anonymous reader writes A Florida couple learned that they are much bigger fans of Doctor Who than their homeowner association, after receiving a notice to remove the TARDIS from their driveway. Leann Moder and her husband David were given 15 days to get rid of the big blue box. From the article: "It was built by Moder's father as a wedding set piece, and she and her husband, David, were married in front of it. 'My husband mentioned, "Do you want to do a Doctor Who themed wedding?"' Moder said. 'That could be fun.' Since then, their TARDIS has been used at sci-fi conventions and parties, and was even the focus of a Halloween haunt the Moders set up on their driveway in October." The HOA had no comment on their stance on sonic screwdrivers, or the Eye of Harmony.

320 comments

  1. Conform or be expelled by Qzukk · · Score: 4, Funny

    The homeowners association demands that unless every single house has a TARDIS in their front yard, yours must go.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
    1. Re:Conform or be expelled by Anonymous Coward · · Score: 5, Insightful

      If you don't want to conform, don't buy a home there.

      HOAs are completely up front about those things and if you don't read the bylaws before buying, you're a dumb motherfucker.

    2. Re:Conform or be expelled by Khashishi · · Score: 4, Informative

      That's all fine and good when there are infinite houses to choose from. In the real world, resources are limited, and most nice places already have overlords controlling them.

    3. Re:Conform or be expelled by NoNonAlphaCharsHere · · Score: 4, Funny

      That's because HOA board members' heads are smaller on the inside.

    4. Re:Conform or be expelled by TechyImmigrant · · Score: 5, Insightful

      Not in my case. I didn't see the bylaws of my HOA until I had been it's president for 18 months. It didn't help that it was in a messed up master-sub association hierarchy intended to leave the power in the hands of the developer, so there were multiple sets of rules flying around, only a subset of of which were passed to homeowners.

      Fortunately, that leaves the HOA relatively powerless if it comes to a lawsuit and my goal as president was to stop the crazies trying to use the HOA as a tool to crap on their neighbors and settle old differences.

      HOAs are evil, in that they are perfectly constructed to set neighbor against neighbor. We would be better off without them.
       

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    5. Re:Conform or be expelled by Firethorn · · Score: 2

      Sometimes you run into problems though:
      1. Life changes. People get married and trade in their coupe for a 4 door or even a SUV when they start having kids. However, a home is a much longer term investment.
      2. Not being aware - they should be, but many have the blinders on for the purchase of their new home. Like anything, home buying is something experience makes you better at.
      3. The character of the HOA itself changing - the old busybody dies or retires, you get a new one that's even more a fussbudget* than the last one, and things that used to 'slide' no longer do. Plus, new bylaws.

      *There's my word of the day!

      --
      I don't read AC A human right
    6. Re:Conform or be expelled by Anonymous Coward · · Score: 5, Interesting

      "HOAs are completely up front about those things and if you don't read the bylaws before buying, you're a dumb motherfucker."

      Wrong. The "consent" to the "contract" is usually a legal fiction known as "constructive notice"; i.e., the H.O.A. corporation's governing documents were filed with the county, therefore the homeowner should have known about them.

      This concept was best illustrated in that scene from "The Hitchhiker's Guide To The Galaxy", when the construction foreman informs Arthur Dent that "the plans were on display".

      "But Mr. Dent, the plans have been available in the local planning office for the last nine months."

      "Oh yes, well as soon as I heard I went straight round to see them, yesterday afternoon. You hadn't exactly gone out of your way to call attention to them, had you? I mean, like actually telling anybody or anything."

      "But the plans were on display ..."

      "On display? I eventually had to go down to the cellar to find them." "That's the display department."

      "With a flashlight."

      "Ah, well the lights had probably gone."

      "So had the stairs."

      "But look, you found the notice didn't you?"

      "Yes," said Arthur, "yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard'."

      I've been trying to get documents and records -- including the governing documents, rules and regulations, etc., from my H.O.A. for several years. In response, they decided to stop accepting my H.O.A. dues payments so they could turn around and sue me for not paying them.

      See my web site, madisonhillhoa.com , for details (it hasn't been updated because I've been busy with the court case). You can also get a free copy of my book in PDF form from that site, at madisonhillhoa.com/book

    7. Re:Conform or be expelled by ArcadeMan · · Score: 5, Funny

      That's your fault for buying a house in a Zerg area.

    8. Re:Conform or be expelled by bobbied · · Score: 4, Insightful

      This is not exactly true. Many HOA's "make it up as they go" and you find out later you are in violation of somebody's made up rule.

      Mine, for instance, sent me a warning letter giving me 15 days to remove an "above ground pool" from my back yard (that had been there 4 years previously) but nowhere is "above ground pool" or anything approaching that even mentioned in the deed restrictions. I know, I read though the 30 pages three times looking for it. I even called the property management company and asked them where it was and THEY couldn't find it. Turns out, it was in ANOTHER document, one that I was not aware existed and one that the HOA board had authored well after the deed restrictions where filed on my home, without my knowledge or consent.

      So, what you say is NOT always true. They often do change the rules AFTER the fact and Realtors often gloss over the HOA's authority except to tell you if there are any dues. Usually there is the "transfer paperwork" that is supposed to give you all the details, or at least warn you that there are details you should be warned about, but that is presented to the buyer at closing to sign in a 3 inch stack of paper with hundreds of "initial here" and "Sign here" stickers and who has time to actually understand all that mess? Besides, the REAL details of the HOA are in the deed restrictions and in the 5+ closings in two separate states I've attended in my lifetime I've NEVER seen them in the stack of paperwork.

      Personally, I think HOA's are an OK idea that has been made into a really bad one by the builders who use them. My primary problem with them is that they NEVER ever end. It doesn't matter what happens to my current house, in 100 years the HOA will STILL be there. Something tells me that in 100 years, circumstances are likely to change and the HOA will be a legal problem with no good solution.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    9. Re:Conform or be expelled by caseih · · Score: 1

      HOAs are kind of like unions. Yes you know about them up front, but you can't do anything to opt out, except buy elsewhere. If an HOA is completely opt-in, then I'm okay with it. More and more, though, HOAs are thinly disguised vehicles for keeping property prices artificially inflated. I'm kind of surprised they have the power to force a home buyer to become a part of it (except in the case of a condo complex perhaps, or an area where the grounds are kept by a third party).

    10. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Can someone explain to myself and the rest of the none Americans why The HOA can order them to remove it from their property unless there is equivalent of a council bye law or something , Though I guess private gated communities may be different over there.

    11. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Could always send some cloakers elsewhere and draw the overlord away to keep an eye on them.

    12. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      They can't force you to become part of it, they don't have eminent domain.

    13. Re:Conform or be expelled by Rinikusu · · Score: 3, Insightful

      And to think, some folks think we could have *no* government at all because private parties would never do such things...

      --
      If you were me, you'd be good lookin'. - six string samurai
    14. Re:Conform or be expelled by K.+S.+Kyosuke · · Score: 2

      As a European, I find this "if you don't want to conform, don't buy a home there" stance - why, indeed the very notion of these so-called "homeowner associations" - as yet another proof that Americans are crazy. How come that you can't put a wooden box on your front yard in the "land of the free"?

      --
      Ezekiel 23:20
    15. Re:Conform or be expelled by wisnoskij · · Score: 1

      Damn right. How could they have missed the entire paragraph dedicated to the neighborhood-wide ban on lifesize tardis's.

      --
      Troll is not a replacement for I disagree.
    16. Re:Conform or be expelled by magarity · · Score: 1

      Because the HOA will have a vague rule along the lines of "nothing unsightly will be stored in any home's yard". This covers anything the current board members dislike and allows them to lord it over the other homeowners. HOAs are the modern equivalent of brown shirts.

    17. Re:Conform or be expelled by tompaulco · · Score: 1

      A HOA is upfront about the fact that they don't want a TARDIS in your driveway? I doubt it.
      Also, in many cases, the HOA bylaws are not made available to you until closing. By that time, going back on the deal could cause you to lose thousands of dollars in earnest money. The agents know that if you have access to the bylaws, it lowers your chance of wanting to buy in that subdivision as no one wants to have the largest investment in their life subject to the desires of some nosy neighbor who has no investment in your property.

      --
      If you are not allowed to question your government then the government has answered your question.
    18. Re:Conform or be expelled by AK+Marc · · Score: 3, Informative

      Actually very few areas in the US have HOAs. It's just that they are the more rich, white areas, which are more desirable. I've never lived in a place with an HOA, and only a handful of people I know live in such areas. They are often more expensive, as you are paying for the "privileged" of having someone boss you around. There must be lots of people into that. Though my current house is in an HOA area, but the HOA wasn't strong enough, so I bought the house from people who didn't sign the HOA paperwork (no idea how many owners before them didn't), so I own a non HOA house in an HOA neighborhood. Or maybe only the homes that have a plot at the local airstrip have to join the HOA.

    19. Re:Conform or be expelled by jellomizer · · Score: 3, Funny

      The HOA are a way to have European like snobbery, without complicated birthrights.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    20. Re:Conform or be expelled by AK+Marc · · Score: 2

      If you don't get the bylaws before you buy, and sign them before you buy, then you aren't bound by them. Lots of the HOAs are "illegal" in that sense, and would lose nearly every suit brought against them.

    21. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Freedom is proportional to net worth.

    22. Re:Conform or be expelled by silfen · · Score: 1

      That's why you should check the CC&Rs before you buy something somewhere. If you don't like the restrictions, don't buy.

    23. Re:Conform or be expelled by silfen · · Score: 1

      Not in my case. I didn't see the bylaws of my HOA until I had been it's president for 18 months.

      You should have asked for the CC&Rs when you bought the place. If you didn't, it's your fault. If you did and the seller put in writing that they were none, it's his fault and he is liable.

      HOAs are evil, in that they are perfectly constructed to set neighbor against neighbor. We would be better off without them.

      You're free to buy in places without HOAs.

    24. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Everything is smaller on the inside.

    25. Re:Conform or be expelled by DRJlaw · · Score: 3, Informative

      If you don't get the bylaws before you buy, and sign them before you buy, then you aren't bound by them. Lots of the HOAs are "illegal" in that sense, and would lose nearly every suit brought against them.

      Woefully wrong interpretation of the law in the jursidictions that I'm familiar with.

      The whole reason that rather tony old neighborhoods do not have HOAs while rather tony new neighborhoos tend to have HOAs is that HOAs are created through a deed restriction. When you create the subdivision you create the HOA. Where the subdivision already exists, there's no single body that owns the properties and can tie their deeds together.

      You're on constructive notice concerning deed restrictions. If you fail to research the bylaws and regulations springing out those restrictions, it's on you -- the HOA will likely win the suit that they bring against you.

    26. Re:Conform or be expelled by AK+Marc · · Score: 1

      I've read the rules that state "nothing visible, unless otherwise allowed". and yes, that includes boats, cars and the like. You have to park your boat in the back where nobody can see it, or you are in violation of the HOA rules. Overnight guests must park in your garage or on the street, as they aren't allowed in the driveway overnight. I've seen them down to rules on drawing blinds.

    27. Re:Conform or be expelled by number17 · · Score: 1

      They often do change the rules AFTER the fact and Realtors often gloss over the HOA's authority except to tell you if there are any dues.

      Maybe its just a Canadian thing, but we have Real Estate Lawyers go over the paperwork. At the very least you should have them go over the finances of the HOA to ensure they are in good standing.

    28. Re:Conform or be expelled by silfen · · Score: 1

      If you don't get the bylaws before you buy, and sign them before you buy, then you aren't bound by them

      That's wrong. It's the seller's responsibility to ensure that the buyer is aware of the CC&Rs. If the seller fails in that responsibility, he may be liable to the buyer because the buyer didn't get what he thought he was paying for. But the CC&Rs still apply.

    29. Re:Conform or be expelled by Charliemopps · · Score: 3, Funny

      If you don't want to conform, don't buy a home there.

      HOAs are completely up front about those things and if you don't read the bylaws before buying, you're a dumb motherfucker.

      A compulsory regulation on your home that exists in nearly every neighborhood you could possibly buy in the town you live is in no way "Optional" In my opion HOA's should be illegal.

      I would never sign an HOA, and when I buy a house that's usually a problem because there are very few houses in town that do not have them. On the bright side, they are not that hard to ruin should you so chose and not mind alienating your neighbors. There are always loopholes, and ways you can make your house so annoying they'll eventually relent and let you do what you want to do. For example, they cannot prevent the construction of an amateur radio tower unless it's unsafe. There are long and drawn out discussions out on the net about how to pull this off, so I'll not get into it. But if done correctly you have a giant geeky eysore up for under $1000

      A fellow around here went to a lawyer and picked appart his HOA contract until he finally settled on blanketing his front yard with toilets. He put daisies in the bowl of each one and called them "Flower pots"

      After hearing all that I almost wish I'd been stupid enough to sign one. I would thoroughly enjoy pranking them constantly.

    30. Re:Conform or be expelled by Oligonicella · · Score: 1

      Your assertion does not constitute fact. Your first sentence is straw anyway as there never were an infinite number of houses. There are plenty of houses to purchase that aren't in HOA parcels or have "overlords" as you call them. Having owned three houses, I speak from experience.

    31. Re:Conform or be expelled by silfen · · Score: 0

      So, what you say is NOT always true. They often do change the rules AFTER the fact

      They often do. But the rules by which they do that are also spelled out. When you buy property inside an association, you agree to abide both by current restrictions and by future restrictions instituted according to the rules.

      Realtors often gloss over the HOA's authority except to tell you if there are any dues.

      It's really not the realtor's function to make sure you understand what you're buying.

      Besides, the REAL details of the HOA are in the deed restrictions and in the 5+ closings in two separate states I've attended in my lifetime I've NEVER seen them in the stack of paperwork.

      You ask the seller to provide them or to state in writing that there are none. If he isn't willing to do that, you don't buy. Simple as that. In addition, you can insure against unexpected restrictions and easements.

      Personally, I think HOA's are an OK idea that has been made into a really bad one by the builders who use them. My primary problem with them is that they NEVER ever end.

      For developments with shared private common areas, HOAs necessarily cannot end. For others, they frequently end when building has been completed.

      Ultimately, it's entirely up to you. If you don't like an HOA, just buy private land and build on it yourself. It's not rocket science.

    32. Re:Conform or be expelled by silfen · · Score: 2, Insightful

      How come that you can't put a wooden box on your front yard in the "land of the free"?

      You can, if you buy private land. If you buy in an HOA, you cannot.

      As a European, I find this "if you don't want to conform, don't buy a home there" stance - why, indeed the very notion of these so-called "homeowner associations" - as yet another proof that Americans are crazy.

      This works exactly the same way in Europe: you can buy private land, and there are a variety of restrictions, easements, and rules depending on where you buy.

      Learn something about the world around you before spouting such nonsense.

    33. Re:Conform or be expelled by hackwrench · · Score: 2

      You're paying for the privilege of having someone boss your neighbors around. You just happen to have to agree to being bossed around as well.

    34. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Freedom to do stuff is indeed. What's your problem with that?

      All government ever guarantees, and ever can guarantee, is equality under the law.

    35. Re:Conform or be expelled by silfen · · Score: 1

      By that time, going back on the deal could cause you to lose thousands of dollars in earnest money.

      Your approval of the CC&Rs is a contingency that you need to remove. If you don't remove that contingency, it's no different than if the house fails inspection. It's in the seller's interest to get you the CC&Rs ASAP so that you remove that contingency ASAP.

      The agents know that if you have access to the bylaws, it lowers your chance of wanting to buy in that subdivision

      Maybe you need to find a better agent. A reasonable agent wants to see a smooth sale and wants to see their customers happy.

      as no one wants to have the largest investment in their life subject to the desires of some nosy neighbor who has no investment in your property.

      Yes, right up to the point where your neighbor has a bunch of junk cars in their front yard, their dogs bark all night, and their weeds invade your landscaping. HOAs are a necessary evil in many circumstances.

    36. Re:Conform or be expelled by BitZtream · · Score: 1

      but that is presented to the buyer at closing to sign in a 3 inch stack of paper with hundreds of "initial here" and "Sign here" stickers and who has time to actually understand all that mess?

      The most expensive and important purchase in your life ... and you sign your name without bothering to read it? Seriously?

      Dumbass, thats your own fault.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    37. Re:Conform or be expelled by cHiphead · · Score: 0, Offtopic

      Quiet, child, the adults are speaking right now.

      --

      This is my sig. There are many like it, but this one is mine.
    38. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      This idea falls flat when companies can buy out the laws and lawmakers that would prevent them from continuing anti-competitive practices. The lines between the corporation and the government continue to get thinner, while idiots like you continue to spout this nonsense that might've been true 400 years ago.

      Really, have you been under a rock for the past 30 years? Or does Reaganomics really give you that much of a hardon that you've gone blind?

    39. Re:Conform or be expelled by CohibaVancouver · · Score: 1

      Also, in many cases, the HOA bylaws are not made available to you until closing.

      That is bananas. Here in British Columbia you don't have HOAs, but when you buy a condo or townhouse you fall under the condo board's bylaws. It's perfectly reasonable to ask for them during the due diligence process (and in some cases they're publicly online for all to read, e.g. http://www.freesiavancouver.co... ).

      You may be asked to cover the cost of photocopying them, but that's it.

    40. Re:Conform or be expelled by JimSadler · · Score: 1

      I am a Florida HOA and POA president and I agree that there is a huge problem with these orgs having powers over people. There is also a problem with the state of Florida and federal laws not wanting to be of help to condominiums. What it really boils down to is that people don't really get a real deed when they buy a condo. What they get is the right to live in the aprtment if they follow all of the rules. And what rules can and can not be considered are not really controlled by the courts or the legislatures. And there really is insane nonsense in many condo meetings.

    41. Re:Conform or be expelled by vux984 · · Score: 1

      A HOA is upfront about the fact that they don't want a TARDIS in your driveway? I doubt it.

      My bylaws, for example, state that:

      Only licensed vehicles with current registration and insurance can be left on the driveways, that they must not hang out onto the road, and all wheels must be on the driveway.

      It also has specific exclusions disallowing the long term storage of trailers, boats, and RVs on the driveway (or front yard).

      A tardis, while not mentioned specifically, is definitely against the rules, along with dirtbikes, kids pools, old TVs, stacks of boxes, or an art project...

      The agents know that if you have access to the bylaws, it lowers your chance of wanting to buy in that subdivision

      Here, its pretty standard to include the receipt of all bylaws as a condition of the offer to purchase. If the realtor or seller would misrepresent whether you had everything that would expose them to a lawsuit. I've always received copies of all the bylaws for condos and subdivisions I've bought in. While the realtor may know that especially onerous bylaws will make the sale difficult and I've walked away from buying units that had silly rules like no vehicles could be parked on the driveway after dusk etc.

      no one wants to have the largest investment in their life subject to the desires of some nosy neighbor who has no investment in your property.

      Nor does one want to have the largest investment in their life lowered in value by the rotting RV in the neighbors unmaintained front yard, with the moldy tarp covering a leak on their roof, and a front deck they built themselves and painted bright yellow.

      Here's the secret to HOAs / Condo statras etc... don't just get the bylaws. Get the minutes to the meetings. READ them. Its the biggest investment of your life... you can afford to spend an evening reading.

      If its a whole neighborhood of busybodies... you'll be able to tell from the minutes that its going to be toxic... move on.

      A bad HOA is never just one or two busybodies; there needs to be a critical mass of them otherwise the rest of the neighborhood just overrules them changes whatever the bylaws are that are causing all the grief.

    42. Re:Conform or be expelled by JimSadler · · Score: 1

      Buildings do not normally have a service life of 100 years. At some point after 50 years has passed the owners will sell the property and with luck a handsome proffit will be made and parceled out to the owners. The land plowed flat with new buildings may be worth ten times what the original owners paid for their units or even more.

    43. Re:Conform or be expelled by Anonymous Coward · · Score: 0, Insightful

      " The lines between the corporation and the government continue to get thinner"

      quick, somebody solve this problem with more government.

    44. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Dude, the letter clearly stated where to send the money. Pay your goddamn bill

    45. Re:Conform or be expelled by JimSadler · · Score: 1

      That one is easy. You do not own the lawn around your condo. It is a common element and is maintained in its original condition or by a higher standard assigned by the condo board.

    46. Re:Conform or be expelled by AK+Marc · · Score: 1

      I had no deed restrictions. So the house was never in the HOA, from what people are telling me, and that the HOA must have only existed for those houses that joined the airstrip, though I get HOA notices from the HOA that I'm not a member of.

    47. Re:Conform or be expelled by l0n3s0m3phr34k · · Score: 1

      sounds to me like it's time to say "I never signed that, so let's just let the court decide if that document is binding on me. My lawyer's number is XXX, consider this your verbal trespass warning so be careful when spying into my back yard. Further direct contact will be considered harassment. Have a good day!"

    48. Re:Conform or be expelled by anagama · · Score: 2

      If you read the fine print on everything you do every day, you would have about 6 hours a year left to work, sleep, eat, and go on vacation. Secondly, the stuff is such a convoluted mish mash of boilerplate from different sources, an attorney spending a week on the documents would likely only be able to tell you what it means in terms of probabilities (section XI.3.a probably means ______, but it could also mean _____ when read in conjunction with 4.e, etc. etc.).

      --
      What changed under Obama? Nothing Good
    49. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      If HOAs are like unions then we need some sort of "right to live" legislation in this state so I can park my Yamaha SX210 on MY driveway. But it's not really my property is it..

    50. Re:Conform or be expelled by jd2112 · · Score: 3, Insightful

      A HOA is upfront about the fact that they don't want a TARDIS in your driveway? I doubt it.

      This may be the reason why so few Doctor Who episodes are set in the States...

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    51. Re:Conform or be expelled by AK+Marc · · Score: 1

      No, it's right, but in my cases, the CC&Rs weren't deed restrictions. My statement is 100% correct, but signing the deed to take ownership is binding on them. I've moved into an HOA area, but the HOA wasn't on the deed. It was voluntary. And for the condos I've owned, the CC&Rs weren't attached to the title because you (obviously) don't get a clear title for a condo. You get a part-ownership of a larger item, with cross leases, and other legal tweaks that vary by jurisdiction. That is has covenants is clear, and they were provided in their entirity before buying. But that's not generally included in the HOA discussions. A HOA is a way of buying a really large condo, on separate pieces of land. I know someone who had that. A stand-alone house on separate lot. She called it a "condo".

      If a real estate agent points me to a house in an HOA, I'll just say "I don't want a condo."

    52. Re:Conform or be expelled by K.+S.+Kyosuke · · Score: 1

      This works exactly the same way in Europe: you can buy private land, and there are a variety of restrictions, easements, and rules depending on where you buy.

      Yet all the regulations where I live are municipal, and the people responsible for them are elected town officials. We don't have any paragovernmental commercial organizations here.

      --
      Ezekiel 23:20
    53. Re:Conform or be expelled by tlambert · · Score: 4, Informative

      Actually very few areas in the US have HOAs. It's just that they are the more rich, white areas, which are more desirable. I've never lived in a place with an HOA, and only a handful of people I know live in such areas. They are often more expensive, as you are paying for the "privileged" of having someone boss you around. There must be lots of people into that. Though my current house is in an HOA area, but the HOA wasn't strong enough, so I bought the house from people who didn't sign the HOA paperwork (no idea how many owners before them didn't), so I own a non HOA house in an HOA neighborhood. Or maybe only the homes that have a plot at the local airstrip have to join the HOA.

      Inaccurate. My sister's condo in a not fantastic area of Salt Lake City, Utah, has an HOA, and typical unit price is ~$80-$100K, which will buy you ... nothing ... in most richer areas.

      Typically, an HOA is a corporation the developer creates to market and sell lots and houses in a subdivision (or units in a condo complex). After that, membership becomes part of the restrictive covenants on the deeds of the properties sold within the development boundaries, and after a certain number of units have been sold, the ownership and responsibility is passed off to the owners within the development.

      HOAs cover about 25 million houses in the U.S., and close to 60 million people, which i to say, 20% of the U.S. population.

      Last time I checked, not even 20% of the U.S. population count as "wealthy" (i.e. not having to work unless they choose to do so).

    54. Re:Conform or be expelled by sound+vision · · Score: 1

      Often times, HOA rules will change through committees or votes held at meetings, etc. I imagine there is a clause in most HOA agreements that rules can change through a specific process that you sign off on in the paperwork.

      Now, in my experience they also don't notify you of pending changes, so it's still pretty shady. Once while I was biking through my neighborhood on a route I don't usually take, I happened to go by the elementary school. There was a small sign next to the driveway where people drop off their kids about a HOA meeting coming up. I've been in this neighborhood 10 years and that's the only time I've seen such a sign. Maybe they only want people with a child aged 5 - 10 to know about the meetings? (Seems plausible, actually.)

    55. Re:Conform or be expelled by murkwood7 · · Score: 1

      .... HOAs are completely up front about those things and if you don't read the bylaws before buying, you're a dumb motherfucker.

      When it comes to your neighbors "bossing you around", NOBODY is completely "up font". You dumb motherfucker.

      --
      - X/Y -
    56. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      A good friend of mine down in SoCal had a HOA spring up when a rash of homeowners decided to cash in on the housing bubble back in 05. All the new buyers decided it would be an excellent idea to start a "Kind of a community oriented board for airing concerns and grievances". Soon the "Board" needed "operating funds", and "authority" to deal with unsociable elements in the surrounding environs. The straw that broke the camel's back was a fine he got when he and his nephew bought an old Corvette and he parked it, covered, on a trailer, for 2 hours so they could eat some lunch before they drove it out to the nephew's shop. 1500 dollars for causing a disturbance. He'd owned that house for 10 years before any of this HOA nonsense started so he asserted his grandfathered rights. He got an excellent attorney who shredded the HOA's property agreement and sold without newly minted "needed approval". Now those yahoos are dealing with a retired Circuit court judge who happens to be into Nostalgic Drag Racing.

    57. Re:Conform or be expelled by schnell · · Score: 5, Informative

      Actually very few areas in the US have HOAs. It's just that they are the more rich, white areas, which are more desirable.

      Not in my experience (for whatever that's worth). I was part of a HOA with the first home I ever bought, which was part of a very middle-class neighborhood of townhouses. The development was a mix of older middle class families and younger first-time home buyers or - increasingly - immigrants who were taking advantage of the mid-2000s real estate situation to buy homes. I received a number of asinine warnings from the HOA about stuff like "you need to repaint your gutters within 30 days or zOMG CONTRACTUAL HELL WILL RAIN DOWN," which was enough to make me hate HOAs forever. But the real ire of the HOA was reserved for the immigrant families.

      And, at the risk of being very politically incorrect, what the HOAs were doing there was fighting behavior that had a potential impact on property values for the whole development. Townhouses with 5-8 cars parked outside around the clock, indicating huge over-occupancy; men hanging out all over the steps and front yard all day; loud parties late into the night, etc. Why? Potential racism aside, it was because the people in the neighborhood were not so well off that a decline in property values due to their neighbors' actions wouldn't have a big impact on them. Years later, when I moved into a much nicer/richer neighborhood, there was no HOA to be found - nor would the proudly wealthy and independent residents have stood for anyone telling them what to do with their property.

      I am not condoning targeting any group for HOA persecution, and again I was very put off by my experience with a HOA. But I am saying that HOAs are not generally needed in neighborhoods that are so rich that anyone who would degrade the property value couldn't move in there anyway. HOAs will tend to be most prevalent in those areas which are "kinda white" and/or "kinda rich" where there is some worry that people who could move in there might disrupt the community or lower property values. In truly rich/white places, there is simply no need for that.

      --
      "95% of all Slashdot .sig quotes are incorrect or completely fabricated." -Benjamin Franklin
    58. Re:Conform or be expelled by brantondaveperson · · Score: 1

      It's really not the realtor's function to make sure you understand what you're buying.

      Really - then what is their job? Just to show you around the house, and take 5% of cream off the top?

    59. Re:Conform or be expelled by freeze128 · · Score: 2

      No problem. Since you have a TARDIS, you can just use it to go back in time to when the bylaws were made and put in an exclusion clause.

      What? You can't go back in time? Well, then you don't have a TARDIS, you just have a POLICE BOX.

    60. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Yet all the regulations where I live are municipal, and the people responsible for them are elected town officials. We don't have any paragovernmental commercial organizations here.

      http://de.wikipedia.org/wiki/W...

      In addition to lots of HOAs, you also have lots of ignorant morons. Just look in the mirror and you'll see one.

    61. Re:Conform or be expelled by LordNimon · · Score: 3, Informative

      If you don't get the bylaws before you buy, and sign them before you buy, then you aren't bound by them.

      That is completely false.

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    62. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      I've moved into an HOA area, but the HOA wasn't on the deed. It was voluntary.

      An HOA is a well-defined legal entity, a corporation. If it's voluntary, it's not an HOA.

      You're confabulating.

    63. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Hmm, it's like the lots are covered in some kind of... creep... that inhibits certain placement of structures?

    64. Re:Conform or be expelled by fightinfilipino · · Score: 3, Insightful

      if you think HOAs are "completely up front about those things", you're a dumb motherfucker.

    65. Re:Conform or be expelled by AK+Marc · · Score: 1

      So the Bayside Home Owner's Association isn't a home owner's association? It was a non-profit set up like an HOA, but wasn't mandatory. It is a defined legal entity, with bylaws and such.

    66. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      HOAs can and do impose restrictions both on common areas and on private areas, and HOAs exist for detached houses, townhouses, and condos. And those kinds of restrictions and associations are common in both the US and Europe.

    67. Re:Conform or be expelled by AK+Marc · · Score: 1

      I was part of a HOA with the first home I ever bought, which was part of a very middle-class neighborhood of townhouses.

      Where I'm from, townhouses can't be part of an HOA. They are condos. Condos, but definition, have shared ownership, not binding contracts on private ownership. There's a difference. Though, "townhouse" in the north east may mean something different. I've never tried to buy one there, but in the US south, a "townhouse" means "fuck you, it's not a condo (no, it's really just a condo)".

    68. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Their job is to save the buyer time, and to increase the exposure of the house for the seller. That's why the seller generally pays even for the buyer's agent.

      But ultimately, only you can know whether a house satisfies your requirements and whether you're willing to live with the legal terms.

    69. Re:Conform or be expelled by Darinbob · · Score: 1

      Some dumpy areas have them to. Typically happens to neighborhoods built within the last 30 years or so. This is especially the case for condominium or townhouse developments that have property in common with the neighbors.

    70. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Quick! someone solve the government with more HOAs!

    71. Re:Conform or be expelled by The+Fifth+Man · · Score: 1

      HOA's can be formed after you buy a home in some states. Like Texas.

      In other words, you can buy a home and suddenly find yourself part of a HOA later.

      But you knew that, because of your sneering "dumb motherfucker" bit.

      Oh we know. We know. If you move to Texas or any other such state, you're a "dumb motherfucker."

    72. Re:Conform or be expelled by Darinbob · · Score: 4, Insightful

      No matter where you go though there will be petty politics when you arrive. If you ever find a group of like minded and enlightened indivuduals maybe things will work out briefly until someone cranky moves in and disagrees with everyone else. Soon you get a big collection of nutty guys in the neighborhood and they start getting elected to the HOA board, which is actually pretty common because the sane people want nothing to do with being on the board.

      Then it turns out that to "take your business elsewhere" is an extremely onerous task - uproot yourself and the family, sell the house at a loss, move to another neighborhood, and take your chances all over again.

    73. Re:Conform or be expelled by Darinbob · · Score: 1

      When I bought my place I had to sign that I had received a copy of the HOA rules as part of two foot high stack of paperwork to sign. I remember seeing in there that I am legally required to present the rules to any person I later sold the unit to. So what happens this fails to happen? I suspect that this varies greatly from state to state.

    74. Re:Conform or be expelled by aXis100 · · Score: 1

      In Australia we get a Strata Title deed, with common shared assets managed by a strata management company.

      For simple blocks subdivided into a few houses, the homeowners can form their own strata company with little to no costs. For apartments buildings they generally employ a third part to manage it, and residents will then pay monthly strata management fees.

    75. Re:Conform or be expelled by Anonymous Coward · · Score: 1

      Nor does one want to have the largest investment in their life lowered in value by the rotting RV in the neighbors unmaintained front yard, with the moldy tarp covering a leak on their roof, and a front deck they built themselves and painted bright yellow.

      Other people's property isn't yours. Kill yourself, you fucking piece of authoritarian scum.

    76. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      ... had authored well after the deed restrictions where filed on my home, without my knowledge or consent.

      Governments can change the power of people on a random whim, although they are careful since angry voters will kick them out of office.

      For everyone else, it is tortious interference. You didn't mention how this dilemma was solved.

    77. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Where I live, buildings are not disposable crap and normally have a 'service life' of many generations. Our house, for example, is relatively new and is only about 170 years old.

    78. Re:Conform or be expelled by sjames · · Score: 1

      But because the restrictions are on the deed, not the building, the HOA will still be there griping about your grass not being between 50 and 51 mm tall.

    79. Re:Conform or be expelled by Gavagai80 · · Score: 1

      If you read the fine print on every purchase over a hundred thousand dollars you make in a day, and you're not insanely wealthy, you'll find plenty of time left.

      --
      This space intentionally left blank
    80. Re:Conform or be expelled by able1234au · · Score: 3, Insightful

      I agree with AC. By sending the money directly to a board member you may be exposing them to risk (losing the money, misusing it etc). You are playing the passive aggressive approach and then getting upset that they are fining you. You are causing the fight.

      I am in Australia and HOA are totally unknown to me. The closest is the agreements that unit (condo) owners have to abide by and i have heard of similar petty issues. One was where the association would not agree to having cable TV laid throughout the condo building so most owners had to install satellite instead. That happened simply because some older owners did not want cable themselves so would not allow the buildings funds to used to install it. Even though it would add value to the building, even if they don't use it themselves. Sometimes people just look for something to fight about.

    81. Re:Conform or be expelled by able1234au · · Score: 1

      Rules on things like this should be covered by the local council not your neighbours.

    82. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      What's this, a pedantic cock on Slashdot?

    83. Re:Conform or be expelled by vux984 · · Score: 1

      Other people's property isn't yours.

      The fact that anything is recognized as anyone's "property" at all is at the collective agreement of society to recognize the claim.

      Kill yourself, you fucking piece of authoritarian scum.

      Go live on an asteroid by yourself and declare and yourself king. The rest of society needs to organize and make rules to we can all agree to live by.

    84. Re:Conform or be expelled by CycleMan · · Score: 1

      Where I live, townhouses mean you don't have anybody living below or above you, and you have some ownership rights to a patio-sized patch of fenced-in dirt.* Condos mean that dwellings are stacked on top of each other, and the association owns all the dirt.
      * You still have to follow HOA rules about what you do with the dirt.

    85. Re:Conform or be expelled by SuricouRaven · · Score: 1

      It comes up sometimes on religious news sites I read - someone erects a religious monument or a graphic display of fetus-gore, the homeowners' association objects, and a bunch of churches and conservative political organisations join the fray to accuse the HOA of inringing upon free speech rights.

    86. Re:Conform or be expelled by CycleMan · · Score: 3, Interesting

      HOA boards are proof that "for evil men to accomplish their purpose it is only necessary that good men should do nothing." The problem is that most good people would prefer to skimp on their community political engagement and let others deal with the bother of it all... they don't realize the danger of the vacuum that they leave.

    87. Re:Conform or be expelled by garry_g · · Score: 1

      actually, in this case, it's smaller on the inside as there is so much less there to fill the inside ...

    88. Re:Conform or be expelled by AK+Marc · · Score: 1

      I had a condo in Dallas, 5100 Verde Valley Ln. They were sold as condos. Marketed as condos. It was a 2-storey unit with nobody below or above, and only one shared wall. I had a patch or dirt in the back that was mine, all mine. Doing a quick search, I see them listed even today, years later, as condos, not townhouses. http://www.neighborhoodlink.co...

      Even searching on townhomes https://www.google.co.nz/searc... comes up with them listed as condos multiple times, but never as townhomes.

      In Washington D.C. a "townhome" is a 3-story house that shares 1-2 side walls with neighbors. I haven't tried to buy one, but looking at the real estate listings, they aren't part of HOAs and such, but I imagine they are restricted or historical or something, and you can't just go ripping down your place, as it would take the walls off your neighbors. So I recognize that the definitions may be regional. I'm just sharing how it was used where I grew up.

    89. Re:Conform or be expelled by DUdsen · · Score: 1

      your failure to follow the basic argument for 'no' or 'limited' government is 100% complete. You couldn't possibly misunderstand it more if you pondered it with a power drill to the left temple.

      the argument is private parties that do this can be avoided, you can take your business elsewhere, and their practices eventually result in punishing market repercussions that the government would stay immune too, or would at least take many more sessions of congress to reverse similar bad policies.

      Until you get to deal with the cartels and pseudo aristocracies that always arise when you deregulate industry, the problem for libertarians is that it have been proven experimentally that it does not work while they insist on only addressing argument based on a set of abstact theories.

      People tend to forget that it was absolute property rights and not divine rule that defined the feudal society, where the local landlords(private property owners) usually did most of the nasty deeds, with the kings mostly playing a secondary role until someone invaded. It took collective action and activist goverment to break down the old mercantist system based on private investors with huge landholding setting their own rules. Smith was not anti-goverment he was gainst corporatism(the modern day expression of Mercantilsm). And the bad(usually landowner frindly) government practice that gave rise to those structures.

      People often forget that Smith(and the founding of the US) died before socialism were a thing and Marx started writing so they never bothered to criticize socialism but dealt mostly with the policies of "The Company" and the governments who subscribed to mercantilism and backed the exploitation of colonies which were the core of that system.

    90. Re:Conform or be expelled by TheRaven64 · · Score: 1

      My mother recently moved to France and having seen her experience I think a lot of the rest of the world could benefit from adopting the French mode. Estate agents work solely for the buyer. There is no conflict of interest, they are paid to act as the buyer's agent and no one else's. As part of the justification for their fee, they accept a big chunk of liability for anything that is incorrectly represented to the buyer.

      --
      I am TheRaven on Soylent News
    91. Re:Conform or be expelled by FlyHelicopters · · Score: 0

      HOAs are evil, in that they are perfectly constructed to set neighbor against neighbor. We would be better off without them.

      Nonsense... They are there to promote the neighborhood and protect property values...

      They prevent the neighbors from painting their front door pink, installing window air-conditioners, etc.

      In my case, last year there was a renter on my street who parked a boat on the street (on a trailer). It was oversized and really caused a problem trying to drive on the street. This was NOT a friendly neighbor, we tried knocking on the door, only to get rude looks and a "we can park it where we want" reply.

      So, the HOA got involved, who were also ignored... until they got the police dept to come out and knock on the door... that got it it moved... :)

      They moved out about 2 months later, thankfully...

      While I don't like having to get approvals to do things like replace the roof, I do like that everyone else has to so they can't just put up "whatever".

      Since the average home value on my street is about $400k, I'd prefer not to have ignorant people think that pink is a good color for a house. Without a HOA, there is just about nothing to stop them from doing just that.

    92. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      You're on constructive notice concerning deed restrictions. If you fail to research the bylaws and regulations springing out those restrictions, it's on you -- the HOA will likely win the suit that they bring against you.

      Well first off, if you have a half-way decent Realtor, you know there is a HOA before you even put in an offer on the house.

      Second, you get notice before closing that there is a HOA.

      Finally, you have to sign a document at closing saying that you agree to the HOA rules.

      It is rather hard to miss, you have to be really, really asleep at the wheel to miss it.

    93. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      I had no deed restrictions. So the house was never in the HOA, from what people are telling me, and that the HOA must have only existed for those houses that joined the airstrip, though I get HOA notices from the HOA that I'm not a member of.

      Laws DO vary state to state, some use titles rather than deeds for example...

      In Texas, it all comes down to the deed, if there is no deed restriction, the HOA likely has zero power.

      Of course it comes down to whom wants to sue whom, and then the courts figure it out, which usually means the lawyers get all the money. :)

    94. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      When I bought my place I had to sign that I had received a copy of the HOA rules as part of two foot high stack of paperwork to sign. I remember seeing in there that I am legally required to present the rules to any person I later sold the unit to. So what happens this fails to happen? I suspect that this varies greatly from state to state.

      The Title Company shouldn't allow it to close without making sure it is there. They are providing an insurance policy on the title, so they will research it and will find those restrictions.

      It shouldn't close without the disclosure, it probably would fall back on the title company at that point, but I'm not a lawyer.

      Frankly, in any real estate transaction involving a property worth enough to be in a HOA, there should be professionals involved who won't let this happen. That is what they are paid for.

    95. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      In response, they decided to stop accepting my H.O.A. dues payments so they could turn around and sue me for not paying them.

      No, you're causing the problem, you aren't sending the money where they are asking you to send it.

      The two issues aren't related, you don't get to decide to send the money somewhere else because of a separate dispute.

      You're going to lose that battle.

      I'm not a lawyer, but I've been sued and I've sued other people, always with the use of legal council and what you THINK should happen and what DOES happen don't always match.

    96. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      I would suggest that something is wrong with your HOA, but I'm not a lawyer and I don't know what state you're in or the rules there.

      In my HOA, they don't get to "make up rules", the rules are written in black and white, I got a complete copy at the closing of my house, those are the rules, period.

      To change even a single rule requires a vote of all the homeowners in my HOA (245 of them), and 75% must vote FOR the change.

      Period.

      One of those changes can be to dissolve the HOA, also taking 75% of the homeowners, but that can be done as well.

      BTW, I'm not allowed to have an above ground pool either, but that is clearly written into the deed restrictions, as is the rules on what color you can paint your front door, etc.

      BTW, would you REALLY want your neighbor to paint his/her house pink? Without a HOA, there is little to stop them.

    97. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      Nonsense, the terms of the HOA are plain language that a 10 year old could read. Or at least mine are...

      All 37 pages of them... but it isn't a hard read... and for a purchase running into the six figures, take the two hours and read them, it won't kill you...

      Shoot, for a vehicle purchase I take my time and read everything I'm signing, front and back. It takes about 2 hours, but I'm spending $50K+ dollars, 2 hours is worth making sure I know what I'm signing. I found an $8K mistake once. :)

      F&I guys are human... or scum, take your pick, it was a mistake in their favor. :)

    98. Re:Conform or be expelled by FlyHelicopters · · Score: 2

      You are exactly why I like having an HOA, even when they don't work in my favor...

      Get into an expensive enough neighborhood and your pranks won't go over very well, people with more money than you have can bankrupt you with lawyer costs.

      Winning isn't required, just ruining you is...

    99. Re:Conform or be expelled by DUdsen · · Score: 1

      The HOA are a way to have European like snobbery, without complicated birthrights.

      No not really, there is no organizations in Europe with equal power's and status that are exempt from the anti-abuse protections place on the government by case law and constitutions, you dont see the crack down on diversity that HOA and local goverment in the us is infamous for happening as often in Europe.

      Europe tend to classify organizations which have privileged status and is not "out-out at any time voluntary" of which a HOA is a classic example as having similar responsibilities for transparent, frees speech and fair process as a local government council, it not perfect but it does put limits on some of the more crazy rules.

      The tendency for EU law(civil law) is look at applied power and not just formal paperwork, where as US/UK law(common law) tend to preoccupy itself only with formal rules.

      The ECHR is also far more likely to jump into a politically charged case and rule against local government the the politically appointed US supreme court have historically been. And this just filters down the layers in both system meaning that a US court is more likely to defend entranced power then an European court.

    100. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Most houses in america are built out of what looks like cardboard.
      Florida is the only place I've seen that actually uses cement.

    101. Re:Conform or be expelled by FlyHelicopters · · Score: 0, Flamebait

      They are often more expensive, as you are paying for the "privileged" of having someone boss you around.

      I'm paying for the "privilege" of being able to tell my neighbor that he can't paint his front door pink, much less his whole house.

      My home is worth $400K, which is actually cheap for this area (average list price in my zip code is $748k).

      There is always some fool who thinks he can do whatever he wants and doesn't care about anyone else. The HOA is the means by which that fool is stopped. Every other year or so, we have to use it to stop someone, works every time.

      And yes, you do have to agree to follow the same rules, but that is what civilized people do, follow the rules they agreed to follow. It isn't rocket science.

    102. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Hah.
      As a European, try buying a house in middle of the city center and painting it bright green.
      Let's see how long it takes the city to fine you and force you to restore the house to its original look.

    103. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      I'm also free to buy in places with HOAs and tell them to suck my shotgun. First nigger to come to my door with this horseshit gets their shit blown right off.

      :) Everyone is a tough guy on the Internet, but that isn't how it works...

      They'll send you a letter or a post card, followed up by a Certified Mail Return Receipt letter, followed up by another one, followed up probably by a notice of lien on your home.

      Push hard enough and in some places they can simply foreclose on your home, and if you think your tough guy shotgun helps, keep in mind that they won't come to your door, the Sheriff will.

    104. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      You are either joking, or a racist. Home Owner's associations are by an large glorified row houses. I live in an HOA building with 4 units under a single roof. There are many such buildings. One has 5 units. They are nice, but hardly a rich man's fare. Or white, for that matter.

    105. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      They don't generally have to take you to court, they can file a lien against your home, then sue to foreclose.

      Fighting a HOA with that attitude, at least in Texas, is usually a losing proposition.

      The worst part, they are using your own dues to fight you. :)

      Just don't have a crappy attitude and follow the rules. If it says no above ground pools, then... don't put one in... :)

    106. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      They can't force you to become part of it, they don't have eminent domain.

      If it is part of the deed, then you don't have a choice, you can't buy the property without it.

      If you try and don't join and pay, they can force the issue by filing a lien against your property. In many states, they can then foreclose to force payment.

    107. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      Can someone explain to myself and the rest of the none Americans why The HOA can order them to remove it from their property unless there is equivalent of a council bye law or something , Though I guess private gated communities may be different over there.

      Because the owner agreed to the HOA rules when they bought the house.

      Keep in mind that the reason it exists is so that your neighbor can't put out something ugly that YOU don't like. The door swings both ways.

    108. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      Here's the secret to HOAs / Condo statras etc... don't just get the bylaws. Get the minutes to the meetings. READ them. Its the biggest investment of your life... you can afford to spend an evening reading.

      ^THIS times ten...

      Really, if you think 2-3 hours of reading for a six figure purchase is too much, then frankly you deserve whatever you get...

    109. Re:Conform or be expelled by stealth_finger · · Score: 1

      In America Buildings do not normally have a service life of 100 years. At some point after 50 years has passed the owners will sell the property and with luck a handsome proffit will be made and parceled out to the owners. The land plowed flat with new buildings may be worth ten times what the original owners paid for their units or even more.

      FTFY

      --
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    110. Re:Conform or be expelled by Solandri · · Score: 1, Insightful

      An HOA is basically a local government.

      People make this artificial distinction between public (government) and private. Elected officials and employees of the government are not some different species with different behavior from regular people. They are regular people. Just like all corporation owners and employees are people. There is no public vs private, corporate vs. individual. It's all just people. If private individuals can do corrupt things, then so can a government - because a government is just a collection of private individuals. And vice versa. There are good people, and there are bad people. If bad people get control of a HOA, they can do bad things. Just like if bad people get control of a corporation or government, they can do bad things.

      The libertarian vs socialist argument is merely one of degree - what is the optimal amount of organization? Some people believe little is best. Others believe a lot is best. IMHO, both groups make self-serving arguments. Libertarians point out the failures of large-scale organization while ignoring the successes. Socialists point out the success of large-scale organization while ignoring the failures. I'm of the opinion that it's irrational ideology to believe there is some one-size-fits-all optimal level of organization for everything. Each different task has a different optimal level. Some things are best solved by letting individuals or small groups decide for themselves. Other things are best solved by the country or world as a unified whole.

    111. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      Other people's property isn't yours.

      When it affects the value of my property, it becomes my concern.

      You don't have the right to harm the value of my property.

    112. Re:Conform or be expelled by stealth_finger · · Score: 1

      This works exactly the same way in Europe: you can buy private land, and there are a variety of restrictions, easements, and rules depending on where you buy.

      Learn something about the world around you before spouting such nonsense.

      Um, it does not work exactly the same way. No Neighbourhood watch guy can tell you to paint your gutters or mow your lawn now or else. Inside of private gated communities maybe they have something like these HOA things but for the most part your neighbours are free to complain about anything they want and you're free to ignore them. The only people that can do anything like that is the council and only if something is a hazard. This is UK though. I don't pretend to know exactly how it works in every country or just assume it works the same because we're so awesome.

      --
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    113. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      Rules on things like this should be covered by the local council not your neighbours.

      That isn't how the law works in the US...

    114. Re:Conform or be expelled by squiggleslash · · Score: 1

      Here in Florida most of the country comprises of counties that make HOAs virtually mandatory for all new developments. They're not confined to rich white areas. In fact, the rich areas like Sewell's Point are the few locations without them.

      Want a newish home (under 30 years old?) on the Treasure Coast? You're going to have to go with an HOA or else live in Port St Lucie. You can get an older home in an older neighborhood without one, but it'll be crumbling and will lose its roof in the next hurricane.

      Your experience doesn't describe the country.

      --
      You are not alone. This is not normal. None of this is normal.
    115. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      My home is worth $400K, which is actually cheap for this area (average list price in my zip code is $748k).

      Fuck you. Seriously, fuck you.

    116. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      That's a bullshit notion, and you know it. How can you support that kind of mentality?

    117. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      That could be why they're considered to be nice places. Unfortunately without these onerous rules that keep you from putting a TARDIS in your driveway you'd likely have Sanford and Son living next door to you in every neigborhood.

    118. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      ...and to think with all of the government control we have that there are no issues anymore anywhere. Thank goodness for the ultimate solution.

    119. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Condo typically means you own the interior dwelling only, and that the exterior, yard, and common areas are all maintained by the condo owners assocation (COA). The surrounding land is ambiguous and can't be specified to any specific dwelling. For a townhouse, you own the interior plus have a small plot of land to call your own associated with the townhouse (typically a dinky fenced in back yard), but maintenance/design of the street-facing side of those exterior lands is restricted to the homeowners association. Townhouses also typically have their own driveway and do not have two owners living stacked vertically, something common in condos.

    120. Re:Conform or be expelled by mrchaotica · · Score: 3, Interesting

      The main difference between HOA and non-HOA development is not the price range of the development, but rather the age of it. Up until something like the '70s or '80s almost no new subdivisions had HOAs; by the '90s almost all of them did. Therefore, if you want to live in a house less than 30 years old or so, you're probably going to have to accept an HOA.

      The correlation with richer, whiter areas is merely a consequence of white flight.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    121. Re:Conform or be expelled by mrchaotica · · Score: 1

      But I am saying that HOAs are not generally needed in neighborhoods that are so rich that anyone who would degrade the property value couldn't move in there anyway.

      Counterexample: Justin Bieber. I bet his neighbors wish they had an HOA!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    122. Re:Conform or be expelled by K.+S.+Kyosuke · · Score: 1

      Nope, we don't actually have any of these around. Probably because I don't look like a German in the mirror, I guess! And the surroundings behind the window didn't look German to me either the last time I checked.

      Not to mention that if I understand it correctly, this German institution has actually almost nothing to do with these "homeowner associations" found in the US. First of all, you don't get your own driveway if you're a German condo owner, so the situation described in the submission is simply incomparable. "Wohnung" is definitely not a house. And the article clearly states that these unions are legally no corporations anyway. I know for sure that we don't have any close equivalent of the "HOA"s for individual residential units, and if Germans do, I'd be quite surprised. Definitely no organizations that could make up their own laws.

      --
      Ezekiel 23:20
    123. Re:Conform or be expelled by jellomizer · · Score: 1

      Well in the US most neighborhoods don't have a HOA anyways. They are a select few, and they setup mostly to keep the values of their homes, and insure a comfortable living environment. As what you do on your own property may affect other people on their property.

      In general it is like a mini-government to handle issues that are way too small for your town government to handle, and making a larger scale law past the confine of the neighborhood could have bad consequences, or is just against the constitution.

      However for this case, it is usually just some neighbor being a jerk because if they can show that someone is not following the letter of the law, they will push for it just so they can feel powerful for that month.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    124. Re:Conform or be expelled by mrchaotica · · Score: 1

      HOAs are evil, in that they are perfectly constructed to set neighbor against neighbor. We would be better off without them.

      They're also evil in that they're racist. And I don't mean that "some" of them have been "corrupted" by racists, I mean that they were designed as an end-run around the Fair Housing Act of 1968, when making rules to explicitly prohibit people of particular ethnic groups from living in a development became illegal. HOAs provide a excuse where "undesirables" can be run out of a subdivision allegedly for violating some selectively-enforced bullshit rule instead of because they're the wrong color.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    125. Re:Conform or be expelled by mrchaotica · · Score: 1

      Frankly, in any real estate transaction involving a property NEW enough to be in a HOA, there should be professionals involved who won't let this happen. That is what they are paid for.

      FTFY. FYI, a neighborhood of million-dollar mansions built in the '50s almost certainly won't have an HOA, but a neighborhood of shitty cottages built in the '80s almost certainly will.

      I think your point still stands in the case of a sale to an owner-occupant because there's likely a mortgage and thus the mortgage company would insist on professional title insurance, but in cases where investors are buying up the shitty cottages for cash there might end up being a problem.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    126. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Basicly it's the same core concept of zoning regulations. You have a governing body that is there to make sure one land owner doesn't do something harmfull to the otehrs like rent their land as a landfill or build a giant sun blocking apparatus and ransom sunglight to the rest of the community.

      The trouble, is that like any governing body it is subject to corruption, an beurocratic bloat. So it doesn't take lone to devolve into a morass of inconsintatly applied nonsenical regulations that most people don't even know about and adminitured by people drunk on their tiny amount of power.

      If HOAs were more important (or larger reaching) they'd get more attention and tend to be keped more in check (like town and county zoaning boards are).

    127. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      TARDISes aren't try to keep up.

    128. Re:Conform or be expelled by mrchaotica · · Score: 1

      No, it's not. It's just a random non-profit corporation that happens to have the words "Home Owner's Association" in its name and decides to concern itself with issues in a particular geographic location.

      Similarly, I live in a neighborhood built between 1890 and 1950, before the concept of HOAs existed. We do have a 501(c)3 non-profit, voluntary-membership "community association" (founded in the '80s, I think), but it has no HOA-like legal authority.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    129. Re:Conform or be expelled by HornWumpus · · Score: 1

      You just de-anoned yourself!

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    130. Re:Conform or be expelled by mrchaotica · · Score: 1

      In my case, last year there was a renter on my street who parked a boat on the street (on a trailer). It was oversized and really caused a problem trying to drive on the street. This was NOT a friendly neighbor, we tried knocking on the door, only to get rude looks and a "we can park it where we want" reply.

      So, the HOA got involved, who were also ignored... until they got the police dept to come out and knock on the door... that got it it moved... :)

      Police don't enforce HOA rules; they only enforce judgements levied by a court after somebody loses a civil lawsuit for violating HOA rules. The fact that the police solved the problem without the HOA having to win a lawsuit first strongly suggests that parking the boat on the street like that was actually a violation of the law, not a mere HOA rule.

      In other words, the HOA's involvement was irrelevant because any random neighbor could have called the police himself.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    131. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      I'm willing to live in a slightly less nice place in order to not deal with HOAs. Never will do it.

    132. Re:Conform or be expelled by mrchaotica · · Score: 1

      It's not even a real police box. It's really a glorified blue gazebo.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    133. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      No. You're actually wrong. In the UK it is completely normal for residential housing to have extensive covenants. A covenant is a legal agreement between multiple parties that they will or won't do certain things. When you buy the house, the seller has covenanted that they'll make YOU agree to the same rules they had, and the two sets of lawyers will have added that to the big pile of paperwork you signed (probably without reading it).

      For example where I live now I have covenants forbidding hanging washing outside except on a purpose build washing line in the back garden, pouring oils or fats into the shared drainage, or keeping of chickens, pigs, goats or similar livestock. And covenants requiring that I get the windows washed, keep surface drains maintained, and so on.

      My mother used to live in a house where they were forbidden from building a brick wall of any type near the boundaries (hedges were allowed so long as they were under 1.5m high) by covenant. All the pairs of houses on that estate had shared path between them, and the covenant says even if both households sharing the path agree they must not fit a gate or other barrier. Lots did, and once in a while they'd end up in court over it.

    134. Re:Conform or be expelled by bobbied · · Score: 1

      If it says no above ground pools, then... don't put one in... :)

      I'd like to point out that the "above ground pool" wasn't what you would think of when you hear "above ground pool". Where it did have a snap together metal frame holding it up, it didn't have metal sides and was only 2.5 feet high. I'd call it a "kiddy pool" or "wading pool" actually, and it was in my backyard behind a privacy fence.

      But my point here was that the deed restrictions didn't include any rules about "above ground pools", "Kiddy pools" or anything that could possibly be construed to prohibit them. The "rule" I finally was shown was in a document which was produced and approved by the HOA board but is NOT recorded in the land records. This document was actually written years AFTER the deed restrictions where recorded and I was not notified of its existence. In fact, the first time I heard about this document was AFTER the violation letter arrived and only because I started asking questions.

      Personally I don't have the funds to waste on fighting the HOA, especially over a generally worn out kiddy pool I had only planned to use one more summer, so while I objected in writing to how all this worked to both the board and the management company, the pool came down.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    135. Re:Conform or be expelled by wgself · · Score: 1

      A townhouse is a type of structure. A condominium is a type of ownership. Condominium's can be townhouses, apartments, trailer park lots or freestanding homes.

    136. Re:Conform or be expelled by onepoint · · Score: 1

      A townhouse is usually 2 floors, shared side wall
      A Villia is usually 1 floor, shared side wall
      A Condo is usually 1 floor, multiple shared walls, and ownership is your box in the air and your percentage of common area's
      a Co-op is usually 1 floor, multiple shared walls and ownership in a corporation where you are buying airspace and land as a stock ( think of a box in the air that is numbered to a specific share )

      Townhouses and Villias can be owned as Freehold ( that means shared wall liability and roof, dirt under is yours, nothing else ) so paint it green for all you care
      Or as homeowner association or as a condo association. These are the basic way's

      --
      if you see me, smile and say hello.
    137. Re:Conform or be expelled by bobbied · · Score: 1

      but that is presented to the buyer at closing to sign in a 3 inch stack of paper with hundreds of "initial here" and "Sign here" stickers and who has time to actually understand all that mess?

      The most expensive and important purchase in your life ... and you sign your name without bothering to read it? Seriously?

      Dumbass, thats your own fault.

      Read yes, but I'm no lawyer so understanding what it really means is an open question. Every closing I've attended I got eye rolls over my insistence that I have time to read what I'm signing. These people do this everyday, the paperwork is all the same to them because it comes from boiler plate documents so THEY don't need to read it. I'm sure there are people who just sign the pile as there certainly is a lot of pressure to get things done and move on to the next closing scheduled in 20 min.

      However, deed restrictions are NOT part of any closing I've been too. I went so far as to ask the title company for them once, but they didn't make an appearance in the stack of stuff to sign. I suppose it costs a lot of money to print official copies of all that stuff and most don't really know that they should care about this.

      Personally, I think buyers should be notified of the deed restrictions and provided a copy of them by the seller and Title Insurance Policies should be making sure sellers are notified, in writing, or the sale can be voided once the seller discovers restrictions they where not told about.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    138. Re:Conform or be expelled by FacePlant · · Score: 1

      One is seldom given access to HOA bylaws and other deed restrictions until closing, at which point the buyer stands to lose their earnest money.

      In some places earnest money is a token couple hundred dollars (we put 500 down in earnest on our current home), and the real estate agent produces a boilerplate contract to which you'll add your own clauses such as "acceptable inspection results". On my last home, I added "acceptable HOA rules and deed restrictions," and made the seller's agent produce them. She wasn't happy; it was an irregular request; but she understood that once agreed to, if they produced them at closing, I was going to spend my time reading them, and be withing my rights to walk away if they were disagreeable.
      I wanted to be sure the HOA didn't have any super nutty rules. They didn't - we bought the house.

        But in other places where real estate is a bit more competitive (e.g. Westchester County, NY), your earnest deposit might be the 20% that will become your down payment. In those places one hires a real estate lawyer to handle the transaction details. I was pleased with the service mine provided for a mere $600.

      --
      My Heart Is A Flower
    139. Re:Conform or be expelled by rgbscan · · Score: 1

      HOA's were supposed to be the Republican dream coming to life. Instead of pesky local governments, private corporations would fund infrastructure like roads and sidewalks, take care of plowing them, be responsible for their upkeep. Private corporations that are "more efficient" would be responsible for the development and the neighborhood's upkeep, all while allowing citizens to still participate via board elections. The efficiency of business combined with the representation of Democracy. Let freedom ring! Cities love HOA developments. It's just like a toll road company coming to town. They promise lots of property taxes with no obligation on the cities part.

      Except it almost never works out.

    140. Re:Conform or be expelled by bluefoxlucid · · Score: 0

      Yeah, uh, I'm going to laugh at all your stupid jew neighbors when interest rates go back where they belong at 7%-14%. I'm hoping closer to 14%. Why? The sale price of a house might drop from $430k to $110k, but the total cost of the house remains $500k, and the payment remains $1180; yet paying an extra $20 on your payment with a high interest rate knocks off a month and the cost of 90% of one month's payment from the total cost. That means a high-interest-rate market is a buyer's market, as the buyer can pay a small amount extra on their payments and reap huge gains in reduced total purchase cost; low-interest markets require double and triple payments to cut the interest cost down, and even then it's only 10% of the total cost instead of 60%.

      I don't rely on the value of my home to not go down. I bought a house I could pay off in 3 years; I make $70k. I won't shed much of a tear if my house suddenly becomes worth $0.

    141. Re:Conform or be expelled by bobbied · · Score: 1

      The function of Real Estate agents is to guide you though the process of buying and selling houses in the current location. I understand that they are NOT lawyers, but they *should* have some liability for assuring the party they represent is properly informed by properly accredited professional advisers (like appraisers, home inspectors, lawyers etc.) and that the local customary process is explained and followed. Most people only buy/sell a home a few times during their lives and depend on Realtors for competent advice, few Realtors actually provide such advice, especially when they are representing both the buyer and seller, a situation they like because the get 6% of the deal for about the same work.

      Many people accept HOA's then discover that it's not what they imagined it was. Many people (like me) are forced into HOA's because there are few houses available in the locations I want/need to live in the price range I can afford. There are some areas of the country where HOA's cover nearly 100% of the available homes which where built recently and in middle class price range. Subdivision builders simply do NOT build without HOA's included.

      Personally, I knew about HOA's and deed restrictions because I'm a Ham Radio Operator and antennas are a common part of HOA restrictions. So I went into my current home fully aware of the HOA and knowing that there where deed restrictions. I'm not complaining about the parts of the rules I knew about and where public record, however I do and did object to having additional rules written which are NOT public record. So I'm not putting up a tower with a tri-band beam on top (I knew about the deed restrictions that covered this), but I do not appreciate having to argue about a quick set pool in my back yard for the kids to play in.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    142. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      You don't have the right to harm the value of my property.

      Fuck your "property value" and fuck you. Capitalist scum like you should be euthanized.

    143. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      we were supposed to have a free country where there were limits on the rules we can impose on each other. how about you collectivist retards go live on asteroid and fly it into the sun?

      your right to live is also a fiction created by society.

    144. Re:Conform or be expelled by pr0fessor · · Score: 2

      This is why I told my real estate agent that I didn't want anything with a hoa... I don't want anyone telling me I can't install a large patio with fire fit and grill... My house isn't worth near that but depending what state you are in mine may be bigger.

      a $400k home in my area usually doesn't have neighbors and comes with 3 - 5 acres and are in the 4k sq ft range. $700k homes are usually over 4k sq ft with 5 or more acres private lakes or ponds and stables.... These guys don't worry about hoa

    145. Re:Conform or be expelled by bluefoxlucid · · Score: 1

      America is a third-world country.

    146. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Um, it does not work exactly the same way. No Neighbourhood watch

      Neighborhood watch has nothing to do with it.

      guy can tell you to paint your gutters or mow your lawn now or else.

      Even without an HOA or city regulations, you cannot do things that adversely affect your neighbors, otherwise they can take you to court.

      Inside of private gated communities maybe they have something like these HOA things

      That's the only place they have them, either in the US or in Europe.

      but for the most part your neighbours are free to complain about anything they want and you're free to ignore them.

      The HOA is a legal corporation that you own a share in as part of buying a home or condo in a private development. As part of that, you are legally bound by its rules, regulations, and conditions.

      This is UK though. I don't pretend to know exactly how it works in every country or just assume it works the same because we're so awesome.

      It doesn't work any differently in any country. What's European here is your ignorance and your complete unwillingness to admit that you're wrong and ignorant.

    147. Re:Conform or be expelled by Admiral_Grinder · · Score: 1

      Many towns don't allow trailers to be parked out on the street. It seems to be able to park on the street it needs to be able to move under its own power. They was probably in violation of town code then. Now if the trailer was parked in the driveway then it would be a HOA issue most likely.

    148. Re: Conform or be expelled by Anonymous Coward · · Score: 0

      Go back to reddit with all the other poor people

    149. Re:Conform or be expelled by laie_techie · · Score: 1

      Actually very few areas in the US have HOAs. It's just that they are the more rich, white areas, which are more desirable. I've never lived in a place with an HOA, and only a handful of people I know live in such areas. They are often more expensive, as you are paying for the "privileged" of having someone boss you around. There must be lots of people into that. Though my current house is in an HOA area, but the HOA wasn't strong enough, so I bought the house from people who didn't sign the HOA paperwork (no idea how many owners before them didn't), so I own a non HOA house in an HOA neighborhood. Or maybe only the homes that have a plot at the local airstrip have to join the HOA.

      I live in an HOA area in Utah. Our units are currently worth $200k. Our HOA fees (about $100/month) cover use of the clubhouse / swimming pool / community park, snow removal, upkeep of our front yards, and home insurance. Non-HOA homes in the area go for $300-400k.

    150. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      The function of Real Estate agents is to guide you though the process of buying and selling houses in the current location.

      The function should be whatever you contractually agree with them. Licensing and various other requirements mean that they do have additional requirements imposed on them. However, those requirements do not extend to making sure that you like the CC&Rs, and they aren't responsible for ensuring that you got all your disclosures from the seller.

      Many people accept HOA's then discover that it's not what they imagined it was.

      That's not the real estate agent's problem.

      however I do and did object to having additional rules written which are NOT public record

      HOA rules are not "public record", but the seller needs to disclose them to a buyer.

      The CC&Rs probably say something like that a committee can impose new rules and restrictions as it goes along. Well, you'll have to live with that.

      Most people only buy/sell a home a few times during their lives and depend on Realtors for competent advice

      They are legally competent adults with the right to sign contracts. If they can't figure out how to buy something that costs a few hundred thousand dollars, they should refrain from buying it altogether.

      Many people (like me) are forced into HOA's because there are few houses available in the locations I want/need to live in the price range I can afford.

      Do you think anybody likes HOAs per se? Having an HOA lowers the value and utility of a home. But people have them because cramped quarters and scarce land in hot areas don't leave them a choice. Homes without such restrictions are a lot more expensive, and for good reason.

      You weren't "forced" into anything, you just couldn't afford something better. Basically you are saying: "I want a pony. Why isn't anybody giving me a free pony?" Geez, the sense of entitlement people have.

    151. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Try living in a "coservation area" in the UK or even worse in a listed building or even even worse in a National Park - if you livewithin the boundaries of DArtmoor the National Park have authority over anything that changes the view

    152. Re:Conform or be expelled by Plumpaquatsch · · Score: 1

      A HOA is upfront about the fact that they don't want a TARDIS in your driveway? I doubt it.

      This may be the reason why so few Doctor Who episodes are set in the States...

      And I thought it was because the BBC Quarry doesn't look like the woods around Vancouver ...

      --
      Of course news about a fake are Fake News.
    153. Re:Conform or be expelled by bobbied · · Score: 1

      They often do change the rules AFTER the fact and Realtors often gloss over the HOA's authority except to tell you if there are any dues.

      Maybe its just a Canadian thing, but we have Real Estate Lawyers go over the paperwork. At the very least you should have them go over the finances of the HOA to ensure they are in good standing.

      Yea, lawyers do this kind of thing down south too. Most closing agents are set up by lawyers actually. It can be a nice business for them.

      Hadn't thought of the HOA's finances being an issue, but you are right. One could be stepping into a unpleasant situation if the HOA is going bankrupt or something...

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    154. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Dont worry somebody already did that, which is why government is now broken.

    155. Re:Conform or be expelled by tompaulco · · Score: 1

      Yes, right up to the point where your neighbor has a bunch of junk cars in their front yard, their dogs bark all night, and their weeds invade your landscaping. HOAs are a necessary evil in many circumstances.

      Nope, those are all addressable with the city code enforcement.

      --
      If you are not allowed to question your government then the government has answered your question.
    156. Re:Conform or be expelled by tompaulco · · Score: 1

      Sure it is. Local code enforcement is the realm of the municipality, not a HOA. The city has laws which govern what you can and can't put in your driveway, that you can't let your grass grow out of hand or allow trash in your yard. There is no need for a HOA.

      --
      If you are not allowed to question your government then the government has answered your question.
    157. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      That does sound dodgy...

      In my case, the rules for above ground pools are clear and written into the initial HOA rules that everyone has, so no one can claim ignorance.

      That being said, people do have kiddie pools and no one cares about those, what the rules are really there for are the big 15' wide 4' tall metal frame semi permanent pools.

      The irony is that you can have a Jacuzzi hot tub in the back, along with a trampoline, a kids swingset, and an inflatable bounce house... but no above ground pool. :)

    158. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      Mmmm... 3 acres sounds nice...

      My wife and I have been talking about moving out of the city for just that reason. Right now, we have about 10 feet between our house and the houses on either side.

      Big houses, but stuffed together. Since I live in Texas, you'd think we have all the land in the world to spread them out, but no...

      3,800 sq/ft, 5 bed, 4 bath, 3 car garage, and almost no land at all! Blah...

      About 1 acre is probably all I need however, unless it is trees, then more would be nice. Have to move further outside of town for that however.

    159. Re:Conform or be expelled by pr0fessor · · Score: 1

      I live in a not really rural area of Kansas but mostly the homes are spread out. My place isn't that big 3 bed 2 bath 1 car garage... my son lives in California the land of the $2.5k a month 1 bedroom apartments, I've priced some homes where he lives and all I can say is I got an amazing deal.

               

    160. Re:Conform or be expelled by AK+Marc · · Score: 1

      Oh yeah, with enough units at that address, and no idea when I was there, what will happen?

      And I've given enough to be de-anonmyzed plenty of times. My full name is in the site in my sig, but not on the home page. I've always posted under my real name, in every forum. I remember people warning me away from de-anonymizing myself on USENET in the '90s. Didn't matter then, other than some people would try to make personal attacks when they couldn't argue with fact.

    161. Re:Conform or be expelled by Falos · · Score: 1

      No, that's critical, valuable, private information! You doxxed yourself! You're guilty of putting someone's safety at risk! You'll be hearing from your lawyers!

    162. Re:Conform or be expelled by AK+Marc · · Score: 1

      Great, I sued myself, but I can't pay.

    163. Re:Conform or be expelled by AK+Marc · · Score: 1

      Yes, but there are so many variations on "typical" that there are regional meanings that dominate. And in the Internet age, that causes issues. So I was helping define and describe how it's used where I have owned some.

      Oh, and the "interior paint inside" is the "official" answer, until a pipe leaks in a wall. And, as I noted elswhere, the condo I owned in Dallas came with a patch of dirt for everyone. The side dirt was officially shared, but the dirt in back was 100% mine, with no rules on it, even when I didn't mow it forever. Why have a mower for a patch of ground so small you can't turn around a mower in it. You can only mow it with a weedwhacker.

    164. Re:Conform or be expelled by AK+Marc · · Score: 1

      His neighbors do have an HOA. At least based on my understanding of "Condo" in CA, which is what your link says was the location of the problem.

      So he's in an HOA, and still a horrible neighbor. What's that say about HOAs?

    165. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      :) Re: California...

      I used to live in Long Beach in 2005, a 2 bedroom apt there was $2K a month, bleah!

      My current mortgage, PITI included, is $2,200 a month, and that is a 15 year mortgage.

      I'm one of those silly people who put money down on his house in 2006 and paid extra each month, then refinanced two years ago and DIDN'T take any cash out. :)

      Yea, I know I'm paying off my debts, I'm so unamerican! As it stands, I have a 15 year, 3.5% fixed rate mortgage, that is darn hard to beat. I'm still paying extra on it, so it will be paid off in about 7 years.

    166. Re:Conform or be expelled by pr0fessor · · Score: 1

      Less than half a payment is principal for the first few years on a 30yr fixed mortgage you can save a bundle in interest making extra payments and shortening the mortgage length.

    167. Re:Conform or be expelled by K.+S.+Kyosuke · · Score: 1

      And? The city is a government, not a paragovernmental commercial organization. That was actually exactly my point - i.e., that these things are exclusively municipal (and whatever municipal regulation exists generally exists for all people in a large city - or indeed a region around a large city -, for example, they don't vary block by block). We're not a collection of burbclaves to the extent that the urbanized US is.

      Plus, modifications of street-facing walls in historical centers indeed generally require building permits, but these are limited zones dictated by history (which I have little problem with) and not by the whim of a neighbors' association. (In fact, the administration for protection of historical monuments works at the state level so there are even fewer whims there.)

      --
      Ezekiel 23:20
    168. Re:Conform or be expelled by K.+S.+Kyosuke · · Score: 1

      It doesn't work any differently in any country.

      I know for fact that it doesn't work in this way in my country. Beyond the municipal administration, there are only extremely limited entities that take care of the shared infrastructure in apartment blocks (these get automatically legally created for a building under certain conditions - apartments in private ownership with above a certain number of apartment units in the building), but by state law, only things directly related to taking care of said infrastructure are within their powers. Their power ends with telling you how and when to pay for the shared heating, for example. They contract the repairmen when when the shared heating breaks. They don't make up the regulations because the regulations are in the state law. There's nothing even remotely as powerful as the US-style HOA'd burbclaves in it.

      --
      Ezekiel 23:20
    169. Re:Conform or be expelled by K.+S.+Kyosuke · · Score: 1

      National historical buildings and developer ventures making their own city states sound like two entirely disconnected things to me. This is not about the government taking care of historical monuments.

      --
      Ezekiel 23:20
    170. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Gosh, $70k! What do you do, shake a empty Starbuck cup at a subway entrance?

    171. Re:Conform or be expelled by silfen · · Score: 1

      Nope, those are all addressable with the city code enforcement.

      You appear to live in a fantasy world where city codes magically let you do exactly what you want and HOAs don't. What that really tells me is that you have a knee jerk reaction against any kind of private voluntary contractual agreements (HOAs) but love government-imposed restrictions, up to the point where they actually restrict what you do, when you start whining and complaining about how incompetents, jerks, or corporations have hijacked government.

      In reality, city codes vary as widely as CC&Rs, and it's your responsibility to make sure you can live with both the city codes and the CC&Rs before you spend your money. If you don't, you only have yourself to blame.

    172. Re:Conform or be expelled by l0n3s0m3phr34k · · Score: 1

      ouch. Well, fighting anything in Texas is chancy. I would still think that the above situation would result in some serious untraceable random acts of vandalism throught the HOA area, but that's just because I can go all Khan when pressed by people like the HOA. Thus I should never move to such a fascist place.

    173. Re:Conform or be expelled by l0n3s0m3phr34k · · Score: 1

      Should have dropped the pool off in the HOA's president's drive way / front yard. Did the document they possibly forged have actual specifications, or just super-vague wording?

    174. Re: Conform or be expelled by Anonymous Coward · · Score: 0

      He probably lives in an area where the nearest subway is 1500 miles away. It's nicer out here, and the net spreads culture out in a way that people don't have to crowd together anymore.

    175. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      "HOA's were supposed to be the Republican dream coming to life."

      I address this in Chapter 10 of my book, available for free as a PDF file at madisonhillhoa.com/book

      I was a member of the Vast Right-Wing Conspiracy for over 25 years until, not coincidentally, my H.O.A. experience a few years ago.

    176. Re:Conform or be expelled by bobbied · · Score: 1

      I thought about throwing it over the back fence into his yard, but I figured the point would have been lost on him.

      The document was pretty well written and very specific about "above ground pools". I did notice that some of the restrictions where legally unenforceable, namely the restrictions on antennas which violated the OTARD rules of the FCC, but apart from that... Problem was/is that these rules where not actually recorded on my property so I had no idea they existed.

      If I had the time I would be happy to serve on the board and "fix" this mess, or at least reign in the property management company a bit. My guess is, at least for my HOA, the property management company we pay to do the legal work of collecting fees sometimes gets a bee in their bonnet and starts issuing warning letters about stuff to prove they are doing something to justify their costs. There has been three new "property managers" in as many years there, so each new one has to show they are doing a better job than the last I guess. I used to be able to recognize the manager's car as she drove around looking at stuff, but not any more...

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    177. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      but we have Real Estate Lawyers go over the paperwork
      bwhahahaha!!!!

      My sister went thru something like that in the US. The real estate lawyer who drew up the rules had no clue what he was doing. My sister also being a lawyer put it to him this way 'After trespassing on my property to measure the fence which your convenient does not allow. There are 5 other provisions that state I can put this fence in the way I like except this one. Do you really want me to take this to court and have the whole thing invalidated because it can not be enforced or do I get my 1/2 inch too close to the street fence?' She got her fence. She then proceeded to make the real estate agent, that just didnt like the style of fence she put up, life a real pain in the ass.

      At the very least you should have them go over the finances of the HOA to ensure they are in good standing.
      Good idea...

    178. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Actually, you're wrong about this - All HOAs aren't upfront beforehand - mine for instance makes rules up as they go when the old assholes that run it decide they want to excert more control - There is a clause in the HOA agreement that you have to sign rights away to when you purchase a home here (and you are not allowed to see the agreement BEFORE purchase - legal, I think not - but no one would put up the $$ to fight it, they would just decide to not move here) that allows the local HOA to make up new rules, and RETROACTIVELY enforce them. You obviously don't have a clue as to how the bad ones operate. They don't only have a bad rep due to people not liking their rules, they also bend their own rules, etc.. Go read up kid..

      Numerous HOAs don't allow you to have a copy of the bylaws before purchase of the home, as they say you aren't entitled to them as you don't have a home. This also keeps their more unsavory rules slightly more under wraps, and keeps a steady flow of people being willing to move in..

    179. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      if you buy a home covered by a HOA you are a dumb motherfucker.. i mean who in their right fucking mind gives up the right to do what the fuck they want on their own property.. Some people just WANT to be told how to life..

    180. Re:Conform or be expelled by Lightning+McQueen · · Score: 1

      No, you're paying for the privilege of proper recourse if your neighbor decides to do something stupid to devalue your property. This is why HOAs are so prevalent.

    181. Re: Conform or be expelled by alanbcohen · · Score: 1

      Condos are a form of ownership where there are common areas under joint ownership. A townhouse or townhome is a type of structure, generally attached side by side in groups of three or more units. A townhouse may be a condo, but may not be. My current home (10 years) is an individually owned townhouse. We have an HOA created by the original developer 30 years ago.

    182. Re:Conform or be expelled by JimFive · · Score: 1

      I think this is where the problem lies. In the US, if you are not within a city then there is no "local council" that deals with these issues. These HOAs are basically built on subdivided farm land that isn't under the jurisdiction of a city. Hence the HOA is the "solution" to dealing with unruly neighbors.

      That said, HOAs are de facto local governments and should be held to the same standards as other local governments, including incorporation of Constitutional Rights. Any civil rights lawyers up for a long, drawn out, unpaid, fight?
      --
      JimFive

      --
      Please stop using the word theory when you mean hypothesis.
    183. Re:Conform or be expelled by Shagg · · Score: 1

      Why should I care what color my neighbor wants to paint their house?

      --
      Unix is user friendly, it's just selective about who its friends are.
    184. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      Because it affects the value of your home.

      If they paint theirs pink, it might cut 10% off the value of your house.

    185. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Unless you inherited your house, your neighbors are going to have about as much money as you do. There is a mathematical correlation between housing price and household income in every area. Actually, if they bought earlier when it was cheaper and you bought later when it's more expensive, chances are you have more money than them.

    186. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      This highlights something I came up with years ago: Americans love Liberty for All, unless it lowers property values.
      Not that I would want trashy people living next to me.
      On the other hand, a lot of HOA rules enforce a blandness and 'standards;' often the 'enforcers' seem to believe the standards have a moral and ethical reality. In Southern California the joke is the City of Irvine allows you to paint you house any color you want, as long as it is on the list of 12 approved shades of beige.
      Anyway, a nice daydream I have is to be filthy rich and build a development with either:
      1. no restrictive covenents or HOA rules, and market the Liberty you retain as as added value.
      2. it will have restrictions and rules, but based on a different set values than the usual choices. I suspect 99% of HOA rules are unthinkingly adopted, probably from some industry 'standards.'

          Examples: as an amateur astronomer, I would want restrictions on night lighting and light trespass (there are astronomy 'villages' that have this; why not make this the new norm?). Lawns in a desert are stupid idea, restrict those. No leaf blowers, they have upsides and downsides; most of the time the downsides, dust, noise, exhaust, increase erosion lose to the money interests. Maybe even ban lawnmowers (what lawn?), too.

      Add your own.

    187. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      Well, it could be worse. A common occurrence in the USA is for a Cable TV company to hook up with a condo association to wire everyone. They promise some discounts which may or may not be real discounts. Then everyone in the building gets a bill for cable TV whether they have a tv or not. Some of these contracts are for looong periods of time.

    188. Re:Conform or be expelled by RockDoctor · · Score: 1
      This particular disease (HOA-itis) being an American one, I only slightly wonder what the supply of house buyers is like. If buyers are also in limited supply, then what is to prevent the seller form selling to the buyer without passing on the HOA obligations. Are they enforceable in court, or would the HOA have to come to court to prevent the sale going through without the HOa contract - thereby putting the costs upfront for the HOA too.

      We used to have such tihngs in our country. They were called "feu duties", being short for "feudal duties". Yes, that does mean "feudal" in the same sense as "you owe three days a week labour in the Feudal Lord's fields, and he gets to virginity test all brides before their new husband gets to try them". We got rid of them in the mid-1990s. Glad to see America has yet to catch up.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    189. Re:Conform or be expelled by Shagg · · Score: 1

      Is there any proof for that?

      --
      Unix is user friendly, it's just selective about who its friends are.
    190. Re:Conform or be expelled by Anonymous Coward · · Score: 0

      ooh 70k. Is that all?

    191. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      Go ask 100 real estate agents, if fewer than 95 of them say it will, I'd fall down shocked.

    192. Re:Conform or be expelled by Shagg · · Score: 1

      So no actual proof?

      --
      Unix is user friendly, it's just selective about who its friends are.
    193. Re:Conform or be expelled by FlyHelicopters · · Score: 1

      :) It is unlikely that anything posted on Slashdot would be accepted by you as proof, thus you're asking for a negative to be proven, which is impossible.

      The existence of HOAs speaks to this very problem and is perhaps an answer to your question.

      Another point is, your lack of belief in the impact of home values does not make it so. Your attitude is exactly WHY I live in an area that has a HOA, so I don't have to try and convince my neighbor of anything regarding a pink house.

  2. Remove the goddamn box by Anonymous Coward · · Score: 5, Insightful

    Leaving a TV prop replica sitting in your driveway is douchey. Store it in the garage, or your storage shed, or the back yard, or a storage facility. Nobody in your neighborhood likes Doctor Who so much that they want to come home to your driveway TARDIS every day. Stop being a douche.

    1. Re: Remove the goddamn box by blang · · Score: 3, Funny

      using words like doucey is just as douchey and should be cause for instant expultion from any proper HOA.

      --
      -- Another senseless waste of fine bytes.
    2. Re: Remove the goddamn box by Anonymous Coward · · Score: 0

      Did you watch the video? Their response is even more douchy: "its a mode of transportation...I should be able to park it in my driveway". Then drive/fly/teleport/whatever it the fuck to work, jackass.

    3. Re:Remove the goddamn box by Em+Adespoton · · Score: 1

      Waitaminute -- either it's a replica of THE Tardis, in which case it looks like an old UK police call box (and they could install a working phone and call it a security shelter), or it's a replica of a generic TARDIS, in which case they could just reconfigure it to look like a rosebush and everyone would be happy.

    4. Re:Remove the goddamn box by Anonymous Coward · · Score: 0

      "I don't like it, therefore you shouldn't be allowed to have it!"

      You're a bigger douche than you accuse him of being.

    5. Re:Remove the goddamn box by Anonymous Coward · · Score: 0

      They are going to put it in the back yard.
      I'd be tempted to put it on the roof for a couple of weeks first.

    6. Re:Remove the goddamn box by brantondaveperson · · Score: 4, Insightful

      No. No it isn't. It's fine. You Americans love your freedom of speech, but when it comes to living next door to a slightly more interesting house than the usual cookie-cutter bland beige boxes you get all hot under the collar and start using words like "douchey".

      Which, of course, isn't a word.

      Just get over it. HOAs *should* be illegal, and I wonder how far they'd get if tested in a court of actual law.

    7. Re:Remove the goddamn box by westlake · · Score: 1

      Leaving a TV prop replica sitting in your driveway is douchey. Store it in the garage, or your storage shed, or the back yard, or a storage facility.

      This thing looks big enough to be a problem for our local zoning board. Basically a full-sized shed or playhouse more less permanently installed on your front yard --- which is not a particularly good idea for any number of reasons.

    8. Re:Remove the goddamn box by i.r.id10t · · Score: 1

      Some do have use, if they are constructed carefully at the beginning.

      For example, a coworker lives out in a rural area, on a 7 acre lot, surrounded by other 7 to 10 acre lots. The "road" through the "neighborhood" - a big U shape connecting to the same 2 lane county road at both ends - was hard packed lime stone.

      The HOA was formed and its sole purpose is to collect $50 per month to pay to have the road re-graded every year with the extra going into an account to have the road paved "for real" at some point in the future.

      But yeah, I agree, the behavior that "most" HOA horror stories depict needs to be made illegal.

      --
      Don't blame me, I voted for Kodos
    9. Re:Remove the goddamn box by sjames · · Score: 1

      If one of my neighbors cares to put a TARDIS in the driveway, I will be amused.

    10. Re:Remove the goddamn box by SuricouRaven · · Score: 1

      Douchy it may be, but should everything douchy be illegal? Every action is going to be considered douchy by someone.

    11. Re:Remove the goddamn box by SuricouRaven · · Score: 1

      So the HOA's purpose is only to do what the local council ought to be doing anyway - maintain the roads as a public infrastructure.

    12. Re:Remove the goddamn box by stealth_finger · · Score: 1

      Leaving a TV prop replica sitting in your driveway is douchey. Store it in the garage, or your storage shed, or the back yard, or a storage facility. Nobody in your neighborhood likes Doctor Who so much that they want to come home to your driveway TARDIS every day. Stop being a douche.

      So a person might have to drive past or look at an object that they might not personally be a fan of but belongs to someone else, is stored on that persons property in the manor they choose best and has exactly zero influence on yourself yet you get to insult and deride them and force them to move it on the grounds of we want a perfectly pretty street full of show homes that anyone who comes down this street can't help but think that it must be a perfect paradise of social harmony. And who's being the douche? What if they don't like the colour of your curtains? Or the way the shadow from the top of your roof casts on the street?

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    13. Re:Remove the goddamn box by Anonymous Coward · · Score: 0

      The HOA was formed and its sole purpose is to collect $50 per month to pay to have the road re-graded every year with the extra going into an account to have the road paved "for real" at some point in the future.

      Yeah, I've got an HOA clause on my deed because of our shared driveway. The town required it. However, it's never been funded, and the three of us who are on the driveway have agreed it's best to leave that sucker sleeping. Any money we have to pay out for the shared driveway we agree upon and pay without using the HOA. I could see, however, if we got new neighbors who weren't reasonable and didn't want to pay their share, the HOA might unfortunately need to be brought to life.

    14. Re:Remove the goddamn box by Crudely_Indecent · · Score: 1

      I'd probably help them build it (to learn from their mistakes, and make mine better)

      --


      "Lame" - Galaxar
    15. Re:Remove the goddamn box by ClioCJS · · Score: 1

      Judging others for what they do with their own property is 1,000 times douchier, douchebag. If you want to control what's in the driveway, buy the driveway yourself.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    16. Re:Remove the goddamn box by steelfood · · Score: 1

      While I don't disagree on the HOA part (which is a completely separate and irrelevant matter to the idea that leaving shit outside your front yard is douchey), leaving props or anything jarring or glaring on your front yard is about as douchey as blasting your music through your earphones on a train or bus. While it's not illegal (in most transit systems), it's certainly inconsiderate when it isn't the accepted social norm.

      I wouldn't use the word "douchey" specifically for this situation; I think the proper term is rude.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    17. Re:Remove the goddamn box by Lazere · · Score: 1

      In rural areas in the US, there is no such thing as a local council. Roads are usually built and maintained by counties or townships, neither of which have much funds or interest for paving. Additionally, that section of land could be entirely private property. In my state a "block" on rural road is a mile square. If it's the same in the state his coworker lives in, and that "road" of theirs is within that "block", then it is a private drive and falls to the landowners to maintain.

    18. Re:Remove the goddamn box by Anonymous Coward · · Score: 0

      They get tested all the time in courts all over the country and usually win.

      When you purchase a property with deed restrictions like an HOA in place you are accepting the restrictions as part of the contract to purchase the property.

    19. Re:Remove the goddamn box by Anonymous Coward · · Score: 0

      They get tested all the time in courts all over the country and usually win.

      When you purchase a property with deed restrictions like an HOA in place you are accepting the restrictions as part of the contract to purchase the property.

      HOAs generally win cases because the participating lawyers and judges are unethical.

      HOA organizations frequently violate a number of rights arising under the 9th Amendment, particularly those rights fundamental to a free country, such as rights having to do with limiting excessive government, and rights having to do with ethics in government, rights that the legal profession swears to uphold as a condition for being allowed to engage in the practice of law.

      Any entity behaving in any way like a government has a legal responsibility under the 9th Amendment to be ethical about it. If this was not the case, some government entity could simply delegate to a third party on any matter in which that government wished to avoid oversight.

      For most purposes, HOAs can be reasonably viewed as simply another layer of government (as if having distinct federal, state, and local governments, each with their own set of rules, was not excessive enough). Unfortunately, HOAs are a form of government which is even worse than usual about respecting the 9th Amendment right to ethical government (under this right, as matters are commonly stated, even the appearance of conflict of interest must be avoided when possible). There is, to be blunt, little or no ethical accountability for typical HOA decisions, which means in practice these organizations often end up acting unethically and hence illegally.

      The right to ethical government is a right that can not be taken away by any law, precedent, or contract, i.e. one can not simply agree to let government or some third party entity acting like a government be unethical.

      The problem here is that the last thing the US legal profession wants is to acknowledge the existence of the 9th Amendment, since another right arising under it is the right to ethical practice of law. That's a can of worms nobody in the profession wants to open, since so much of what passes for law in the USA violates the right to ethical practice of law. US law has had ethics problems since the beginning, a legacy of English Common Law, and things have only gotten worse over the years. Far better (in the minds of the legal profession) to just pretend the 9th Amendment doesn't exist ...

      This is a special case of a more general problem in law. The legal profession is in a position of ethical conflict of interest with respect to the nature, scope, and form of contract law in general, not just with respect to HOAs. It's a classic problem, in fact it's such an old problem there's a saying in Latin describing things: "Quis custodiet ipsos custodes?". This saying applies not just to oversight over the police, but also the profession of law. In the absence of meaningful public oversight over law, and little awareness of legal ethics issues on the part of the public, the lawyers often end up doing all kinds of unethical things with contract law (and law in general) that create income for themselves at the expense of society. HOAs simply come along for the ride.

  3. live by the sword by Anonymous Coward · · Score: 2, Insightful

    Die by the sword. If you dislike the rules, don't go live in an HOA. Zero sympathy.

    1. Re:live by the sword by sandytaru · · Score: 2, Insightful

      These days it's hard to find a new construction home that isn't part of a neighborhood that has a HOA.... unless you build yourself on one of the abandoned PVC farms from 2008. Our house was the show room foreclosed on such a property, and thus we got a new house while escaping the clutches of the HOA that never was.

      --
      Occasionally living proof of the Ballmer peak.
    2. Re:live by the sword by Anonymous Coward · · Score: 1

      They should be careful moving it to their backyard. Some HOAs and even some towns & cities have rules regarding structures in the backyard. Mine town does.

      I can't "legally" place an outdoor shed in the backyard if it can be seen from the street, but I know people on my street that have backyard sheds that can be seen and have been there for years. Even assuming that shed can't be seen from the street, some of the neighbors are such snoops that they like to look over people's fences to see what's back there so they can complain to the town. I am not talking about walking up to your fence and looking over; the town's employees are well known to do that, especially if they see something that's "not right" while driving down the street. No, I am talking about the snooping neighbors that stand inside their own homes and looking out their second story windows into people's backyards where I live. Geez!!

      BTW...I don't live in a freedom-less dictatorship of a country or the old "communist USSR", though sometimes I think I live in North Korea with snooping neighbors acting like "quasi secret police". No, I live in that "so called free country" that most people "love to hate".

    3. Re:live by the sword by rubycodez · · Score: 1

      nonsense, it is possible to fight an HOA and win. all about tactics and psychology.

    4. Re:live by the sword by Anonymous Coward · · Score: 3, Interesting

      "These days it's hard to find a new construction home that isn't part of a neighborhood that has a HOA"

      Municipal governments have been requiring H.O.A. corporations as a condition of granting building permits to housing developers.

      That way, the home owner gets to pay the private H.O.A. corproation for traditional municipal functions like parks, street maintenance, trash removal, etc., while the government still gets to collect taxes for those goods and services they no longer have to provide.

      The home owners are, in effect, being double-taxed.

    5. Re:live by the sword by Anonymous Coward · · Score: 0

      Don't buy a new home then. Resale homes are an excellent buy and often are in better shape than brand new homes which haven't had the proverbial bugs worked out yet.

    6. Re:live by the sword by bobbied · · Score: 1

      Die by the sword. If you dislike the rules, don't go live in an HOA. Zero sympathy.

      I'd agree with you if it was REQUIRED that prospective byers be notified of more than just the annual cost of the HOA's dues by the seller. Buyers should be presented with the deed restrictions that establish the HOA at the time they make their offer and have a customary length of time to read, get legal advice on and accept the restrictions and costs or be released from the contract to buy. I would also agree with you if HOA's could only enforce rules which are actually recorded each and every deed explicitly and not in referenced secondary documents which are not recorded. Neither of these are how it really is with HOA's.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    7. Re:live by the sword by Greyfox · · Score: 1
      Couple years ago when I was in the market, I looked at 11 houses in one day. Funnily, not a single one of them was in an HOA. I made sure of that. I got an awesome house in an awesome neighborhood -- there's a guy a block away who painted his house purple, and has a car that matches the color. Part of what gives the neighborhood its character is that we don't have to worry about a bunch of fucking crab people getting up in our shit. Maybe they should build a bunch of fucking crab people next to their tardis.

      If enough people were to infiltrate the HOA, could the HOA vote to disband itself? That might be a fun hobby...

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    8. Re:live by the sword by Anonymous Coward · · Score: 4, Informative

      Don't buy a new home then. Resale homes are an excellent buy and often are in better shape than brand new homes which haven't had the proverbial bugs worked out yet.

      Oh, he can buy a new home, he just shouldn't buy one from a Developer who is building in that fashion. Honestly, if you really must have a new home, it's usually better to take the time to actually have one built for you.

      I've heard some people try to claim that HOA regulations are no different than zoning codes in a City. That's simply not true- there are far more legal protections for property owners under zoning ordinances than for "members" of a HOA. And a dirty little secret is a HOA is actually a type of Corporation, which can be sued, go bankrupt, and have other bad things happen... and when they do? Guess what, "your" property is part of the Assets and YOU are partially responsible as a 'member'.

      Don't fall for the HOA bullshit. Many people get sucked in because the prices seem better (they're not, dues always go up and never go away). Some like it because it promises a legal method to a segregated community, as long as the other bigots are on board with you and don't put it in writing. Many just like the idea of being able to get a position of power and become a Mini-Dictator over the neighborhood. For most sane people, HOA's are something to be avoided at all costs.

    9. Re:live by the sword by Calydor · · Score: 1

      It's a good thing Americans revolted over that whole taxation without representation thing and completely removed it from their country for all time, never to be reinstated.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    10. Re:live by the sword by tnk1 · · Score: 2

      HOAs are there to maintain property values. If your backyard is in some way repulsive, and it can be seen from your neighbor's house, it can also be seen by anyone buying your neighbor's house. If you're in townhouse community, you've shit-canned the whole block.

      The problem in many cases is that "repulsive" usually means that there are multiple violations, but all of the regulations need to be enforced consistently and so you get sometimes get dinged by some petty neighbor.

      Consider yourself lucky. Your neighbors could call the SWAT team on you and get you shot in your own home. It's not like HOAs are the only place that people are able to snoop on you and make your life miserable. It can always be worse.

      I am of two minds about HOAs. I think they are useful, if you have consciously agreed to abide by their regulations, but at the same time, I can't help but notice that it can be very difficult to find a place without an HOA. That means many people don't have a good choice in avoiding them.

      I'm a director of my HOA, a job I was forced into because I don't want our HOA going into receivership before I can get the hell out of there. It is important to note that, in many ways, an HOA is a very limited form of local government. You can elect board members if you're an owner. If you don't like the rules, you can get them changed.

      What's the catch? In some communities, its controlled by the Gestapo. In communities like mine, the Board collects proxies and re-elects itself every year because no one else cares. I regularly joke about spending the capital fund on erecting an equestrian statue for each board member in the common area, and that no one would even complain, because that would require effort. Ask them to replace their rusty door handle? Remove a giant ugly blue box from the driveway? It's World War III.

      It's actually been a lesson in politics, to a certain degree. There are some times that you not only can run a government yourself, but sometimes, you have no choice but to do so, because everyone else is apathetic unless it directly affects them in one specific way. They dislike the rules, they break the rules, and they're not interested in doing what it takes to change them. No one wants to bother with getting votes, or working on the paperwork, or doing the budget, or meetings with the lawyers on resolutions, etc. They just want exceptions, just for them. Or because that other guy (who we sent a letter to already) is doing it, so why can't they?

      Ultimately, residents in an HOA are no more constrained than anyone who follows a law passed by a local elected assembly. Yeah, you had limited choice, but it's not like you get a lot of choice in what county you live in either. Sometimes, you just have to live somewhere with shitty rules because you need to.

      If the county can tell you to do something, I don't see why an HOA is special in that regard. Laws are not always completely fair, but they represent a compromise with the community. So do an HOA's resolutions. If you don't like living with the Gestapo, vote them out, but *somebody* has to take the local HOA Gauleiter's place. It is both that simple, and that difficult.

    11. Re:live by the sword by AK+Marc · · Score: 1

      So stop shopping for new builds in rich white neighborhoods. You do know why HOAs started? It was't about unifying the look, but as a way of giving homeowners a way of driving out the uppity minorities that tried to buy in the "wrong" neighborhood. They belong on the other side of the tracks.

    12. Re:live by the sword by AK+Marc · · Score: 1

      I'd agree with you if it was REQUIRED that prospective byers be notified of more than just the annual cost of the HOA's dues by the seller.

      It has been where I've signed in. I've never been part of an HOA, but the condo rules for the two condos I've had both had the full covenants available at closing. If they aren't there, walk away.

    13. Re:live by the sword by Oligonicella · · Score: 1

      Buy where you want and rehab. You get a good house that you ultimately have crafted to your likes.

    14. Re:live by the sword by LordKronos · · Score: 1

      If enough people were to infiltrate the HOA, could the HOA vote to disband itself? That might be a fun hobby...

      Depends on your specific HOA covenants. They will dictate what course of action is necessary to do so. The most common I'm familiar with:

      1) The builder actually maintains final authority over the HOA, so it couldn't possibly be disbanded unless the builder agreed (ie: not gonna happen)

      2) If there is no builder with final authority (mostly that's older HOAs) then the board can decide to put disbandment up for a vote, in which case a certain percentage (either of all homeowners, or of actual voters) would have to vote in favor of disbandment for it to occur.

      It's theoretically possible that the HOA could have final say and not even need the owners to vote, but I've never heard of one actually structured that way.

    15. Re:live by the sword by clodney · · Score: 1

      I live in a home with an HOA, and part of the reason why is that the HOA covers lawn work, exterior maintenance on the house, and snow removal. I could by an ordinary single family home and arrange to have all of that done, but I like letting the HOA take care of it. And just like you, I am on the board of the association because nobody else wants to be, and the same few suckers keep volunteering to keep the lights on.

      No doubt some boards can be total asshats, and even worse, the nice laid back association you bought into can turn into asshats as soon as one or two busybodies decide they want to be on the board. But like you say, it is a form of local government. Go to the meetings, get a seat on the board, and speak up for being reasonable.

    16. Re:live by the sword by Anonymous Coward · · Score: 0

      No, I am talking about the snooping neighbors that stand inside their own homes and looking out their second story windows into people's backyards where I live.

      I'm not sure looking out the window of your own house should be considered "snooping"

    17. Re:live by the sword by Anonymous Coward · · Score: 0

      My parents bought a condo under an HOA. They were provided a thick binder they could review with all the rules and regulations, along with the current condo fees, which were promised to be locked for 5 years (they did not break the promise, of course after 5 years they tripled). This was all before they signed on the dotted line.

      Their problem was, as likely is the case with the people sticking a glorified phone booth on their driveway, they are very poor at reading legal documents. It did not take long before I discovered things they were in violation of, and it didn't take long for their neighbours to figure it out too and complain. Of course, the moment I found they bought such a place I told them they were fools that will be screwed, but they do have to learn for themselves.

      The deal is you're signing up for rules that are about 1/4 the thickness of the average city's list of bylaws. And most people don't know ANY of their city's bylaws (Okay, they know perhaps 1% of them. Perhaps 1%.) In other words, very few people should buy in an HOA because very few people can understand what they're buying into.

      However, I don't feel bad for those people that do buy into an HOA and get screwed. We're talking about a VERY large investment. You should have presented that thick binder to a lawyer and gotten a legal opinion first. It's completely fair to expect that for a purchase many people only make once in their entire lifetime. If you don't bother, that's your problem, not mine. I didn't buy in an HOA because, frankly, I don't give a shit if black young neighbours move in next door to me and people in HOA's actually seem to care about that (but aren't smart enough to figure out that the only thing they have freedom over is what's on the INSIDE of the walls).

      As for the rules being part of the deed and not changing, one of the most obvious rules in the HOA agreement is that it is subject to change according to the corporate voting procedure. Just one more reason to avoid them. But if you like that sort of thing, why should I stop you from joining? However, don't be a fucking moron and expect sympathy when you stick a big blue phone booth in your driveway and get called on it. That's like a red flag to a bull.

    18. Re:live by the sword by FlyHelicopters · · Score: 1

      Municipal governments have been requiring H.O.A. corporations as a condition of granting building permits to housing developers.

      That way, the home owner gets to pay the private H.O.A. corproation for traditional municipal functions like parks, street maintenance, trash removal, etc., while the government still gets to collect taxes for those goods and services they no longer have to provide.

      I can only speak to my local situation...

      But our HOA dues are $540 a year, and that includes a private playground for the kids and a community pool, as well as the common areas.

      Streets and sidewalks are still the city's responsibility. They only become ours if we gate the community, then dues would go way up of course.

    19. Re:live by the sword by FlyHelicopters · · Score: 1

      I got an awesome house in an awesome neighborhood -- there's a guy a block away who painted his house purple, and has a car that matches the color.

      That is fine, but it also affects the resale value of your home, and not likely in a good way.

      If enough people were to infiltrate the HOA, could the HOA vote to disband itself? That might be a fun hobby...

      You use the term infiltrate like it is some secret thing. The HOA rules will spell out how that happens.

      In my case, it takes a vote of 75% of the owners (out of 245 we have) to disband the HOA.

      Yea, that isn't happening here. :)

    20. Re:live by the sword by stealth_finger · · Score: 1

      Wait, wtf does the builder have to do with anything. Once the house is built their job is done and they should definitely not be involved with the running of a community well after the house/s are sold for the first time.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    21. Re:live by the sword by Anonymous Coward · · Score: 0

      It's rather amusing. I was going to buy some land a few years back until I read the fine print. My plan was to put a camper on the property while I built the house at my leisure over a few years. The proprty was actually governed by HOA's that stated I could not have a camper on the property that was in plain view. Additionally, construction needed to start within 30 days of sale and be completed within 6 months. Needless to say I took another opportunity.

    22. Re:live by the sword by Anonymous Coward · · Score: 0

      Couple years ago when I was in the market, I looked at 11 houses in one day. Funnily, not a single one of them was in an HOA.

      HOAs are apparently so hated around here that when I was shopping for a home the ones that weren't part of an HOA would mention that fact in all caps in the listing. Meanwhile for the ones that are in an HOA you'd only know if you looked at the details and saw the dues mentioned after the taxes. I knew quickly which ones not to bother visiting.

    23. Re:live by the sword by sandytaru · · Score: 1

      Usually the funding for the initial building is done by a real estate investment trust. So the "builder" in this case doesn't refer to the construction company, but to the folks that funded them. Neighborhoods with a HOA are supposed to come with some perks, too - community landscapers, a club house with a pool, that sort of thing. Someone still has to run those things long after the construction crew is gone.

      --
      Occasionally living proof of the Ballmer peak.
    24. Re:live by the sword by MiniMike · · Score: 1

      If enough people were to infiltrate the HOA, could the HOA vote to disband itself? That might be a fun hobby...

      Probably no, but not due to HOA rules. My mortgage agreement has a line in it about not taking any action to disband the HOA. Fortunately, while my HOA is far from great and has its own range of issues, it doesn't seem as bad as many mentioned here.

    25. Re:live by the sword by Anonymous Coward · · Score: 0

      What determines whether it's snooping isn't what you're looking out from, it's what you're looking into.

      Or would you claim that hacking into someone else's email and reading their private correspondence isn't "snooping" because you're only looking at your own monitor?

    26. Re:live by the sword by bobbied · · Score: 1

      I'd agree with you if it was REQUIRED that prospective byers be notified of more than just the annual cost of the HOA's dues by the seller.

      It has been where I've signed in. I've never been part of an HOA, but the condo rules for the two condos I've had both had the full covenants available at closing. If they aren't there, walk away.

      It is NOT that simple. If you are under contract to buy the home and find that there are deed restrictions you don't like at closing, walking away at that point will likely cost you your earnest money and may get you sued.

      I think that buyers should be provided copies of the deed restrictions at the time they make the offer to buy and have a reasonable amount of time to seek competent legal advice about their content. Make it similar to the customary property condition report/home inspection process. Then a buyer can choose to walk away from the deal. It just needs to be part of the customary process. Who knows, it's been 10 years so it might be now..

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  4. It kinda looks just dumped there by Harlequin80 · · Score: 2

    Looking at the photos it kinda looks like it is just left on the driveway. But that said I don't like the idea of being told that I have to remove it.

    Would they have more luck if they placed it on a plinth and maybe had it decorated in with a cyberman?

    1. Re:It kinda looks just dumped there by sound+vision · · Score: 1

      I'm willing to bet an ugly Nativity scene with plywood cut-outs would be there 365 days a year without a peep.

    2. Re:It kinda looks just dumped there by ChaseTec · · Score: 1

      Isn't that how the Doctor's TARDIS usually looks when it lands someplace? I mean he isn't exactly good a parallel parking the thing.

      --
      My Hello World is 512 bytes. But it's also a valid Fat12 boot sector, Fat12 file reader, and Pmode routine.
    3. Re:It kinda looks just dumped there by FlyHelicopters · · Score: 1

      Not here, we have rules about when holiday decorations can be up, Christmas lights (or holiday lights if you prefer) have to be taken down by Jan 2nd.

      I know, I've gotten a notice that mine were up too long last year. :)

    4. Re:It kinda looks just dumped there by Baron_Yam · · Score: 1

      Wow. I guess you live somewhere warm, because nobody around here is taking down lights until March at least. In most cases, they're simply frozen to the house until then.

      Besides, it's nice to have a colourful light show when the days are consistently overcast and short.

    5. Re:It kinda looks just dumped there by Anonymous Coward · · Score: 0

      You'd lose that bet. It's an issue all the time, and quite possibly one of the reasons these rules exist in the first place. Conform. Do not be an individual. No freedom of expression allowed.

    6. Re:It kinda looks just dumped there by FlyHelicopters · · Score: 1

      Texas :)

  5. House needs a few statues now . . . by cashman73 · · Score: 4, Funny

    Of course, a true Whovian will install some nice statues of weeping angels in the front yard!

    1. Re:House needs a few statues now . . . by Anonymous Coward · · Score: 0

      nice....

      If I ever found myself part of an HOA my one job would be to dismantle it. I would become the biggest PITA to dismantle it. They are usually a way for the builder of the neighborhood to continue to rake in cash after the sale. Usually the 'codes' are very poorly written with little regard for sane an normal functioning by irrational people.

    2. Re:House needs a few statues now . . . by mrbester · · Score: 5, Funny

      That's not a threat, even if it is believed that they are ruthless killer aliens as the constant net curtain twitching that happens by the local busybodies will ensure the angels remain phase locked and can't hurt anybody...

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    3. Re:House needs a few statues now . . . by Anonymous Coward · · Score: 0

      Better idea: an informed non-Whovian will secretly install nice statues of weeping angels in a Whovian's front yard.

    4. Re:House needs a few statues now . . . by Gibgezr · · Score: 1

      ...and move them closer to the house on the next night, so that they are looking in the windows. Hell yeah.

  6. Does not look bigger on the inside by Anonymous Coward · · Score: 0

    Does not look bigger on the inside, therefore not a TARDIS....

  7. So much for "ownership" by Anonymous Coward · · Score: 0

    Home ownership baffles me. Besides the fact that you own nothing, it's far more expensive than renting and much riskier.

    1. Re:So much for "ownership" by Anonymous Coward · · Score: 0

      Renting baffles me. Besides the fact that you own nothing, it's far more expensive than home ownership and much riskier.

    2. Re:So much for "ownership" by rwa2 · · Score: 1

      My understanding is that (under "normal" real estate conditions which we haven't seen for a while now), the break-even point between renting and buying is supposed to be after about 5 years. At that point, you should have made enough money back in tax deductions (it's nearly impossible to beat the standard deduction without a couple $10k in mortgage interest deductions) and appreciation to cover the closing costs, property taxes, etc. vs. renting a place for a similar monthly payment for 5 years.

      After that point, the risk should start paying off, especially in the twilight years 25 years later when most of your mortgage payment is going to principal building your equity.

    3. Re:So much for "ownership" by bobbied · · Score: 1

      Home ownership baffles me. Besides the fact that you own nothing, it's far more expensive than renting and much riskier.

      But my name is on the title and if I sold it I'd have quite a large wad of cash (around $100k) left over after the loan balance was paid.

      Not bad for only putting $25K down and paying what you would for the same floor space, maybe less. In another 10 years, all I will be paying is taxes and insurance while you still will be paying rent.

      Oh, and one more thing... Remember that your rent really is paying somebody's mortgage anyway. The standing rule of thumb is that rent is 1% of a home's value (Single family residence, Apartments are cheaper to build and get MORE/square foot), so you are actually paying MORE for that place you call home and still own nothing at the end of the lease. Don't fool yourself.

      You are right about the risk factor, but unless you live in a hugely overpriced market where prices have gone nuts recently or you go all stupid and pay way too much to start, Real Estate is not a bad risk, at least owing a primary residence isn't. Now if you live in one of those places where people get into bidding wars on even the smallest house and there isn't a long term economic stability story to go with it, by all means rent. But in most places I know of, the bubble has already burst and the market correction is likely to be over by now.

      So I'd not be patting myself on the back for renting.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    4. Re:So much for "ownership" by AK+Marc · · Score: 1

      Home ownership baffles me. Besides the fact that you own nothing, it's far more expensive than renting and much riskier.

      You own your house more than you own your TV. And it's more expensive and riskier, despite appreciating better than inflation for every time period greater than the average home ownership since records began. My house bought 3 years ago appreciated more in that time than the average person makes in 10 years. The "risk" is in *not* buying.

    5. Re:So much for "ownership" by ChaseTec · · Score: 1

      Home ownership in a HOA area is kind of like owning the Doctor's TARDIS, you are stuck with the outside looking one way but you can do just about anything you want on the inside.

      --
      My Hello World is 512 bytes. But it's also a valid Fat12 boot sector, Fat12 file reader, and Pmode routine.
    6. Re:So much for "ownership" by Anonymous Coward · · Score: 0

      Oh, and one more thing... Remember that your rent really is paying somebody's mortgage anyway.

      And somebody else's property taxes, Mr. "I rent so I don't have to pay property taxes, hah!"

  8. It's about time by NEDHead · · Score: 2

    bada boom

    1. Re:It's about time by DoofusOfDeath · · Score: 1

      Speaking of "About Time", I recommend the movie of that name. It was a bit sad, but I felt worth the ride. Haunting musical score, too.

    2. Re:It's about time by BlueStrat · · Score: 1

      Speaking of "About Time", I recommend the movie of that name. It was a bit sad, but I felt worth the ride. Haunting musical score, too.

      I recommend the 1960s TV comedy series by that name ("It's About Time").

      Oooo! Oooo!

      https://www.youtube.com/watch?...

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  9. Silly story by DoofusOfDeath · · Score: 3, Interesting

    HOA rules: You can't have $(object X) sitting in your driveway.

    $(object X) being a TARDIS neither makes me outraged, nor makes this news for nerds.

    1. Re: Silly story by blang · · Score: 1

      and now you are just being silly.

      --
      -- Another senseless waste of fine bytes.
    2. Re:Silly story by havana9 · · Score: 2

      HOA rules: You can't have $(object X) sitting in your driveway.

      $(object X) being a TARDIS neither makes me outraged, nor makes this news for nerds.

      It amazes me, that in the self-appointed "land of the free" one in his private property has to follow some oddball rules about what is allowed and what is not allowed. Oddball rules that are not readily available to read, and not written by some democratically elected body. Besides I don't like nosy people watching what I'm doing in my home: i always wonders why in the US the houses don't have walls and fences...

  10. As A Corporation, An H.O.A. Is A Defective Product by Anonymous Coward · · Score: 2, Informative

    As a corporation, an H.O.A. is a defective product.

    The purpose of a corporation is to protect an investor's personal assets from the debts and liabilities of the corporation.

    For example, if you owned 1,000 shares of Enron, the only thing you had at risk were those shares. The creditors of Enron could not go after your house, your car, your bank account, etc.

    But an H.O.A. corporation works exactly the opposite. The assets of an H.O.A. corporation are the obligations of the home owners to pay the uninsured debts and liablities of the H.O.A. corporation, secured by lien and foreclosure rights against an owner's property. If you own property under the jurisdiction of an H.O.A. corporation, everything you own is forever collateral to whatever debts and liabilities the H.O.A. corporation creates, even if your mortgage is paid and you own the house free-and-clear. Thus, any creditors of an H.O.A. corporation can go after your house, your car, your bank account, etc., to collect what your H.O.A. corporation owes.

    See Why There’s No Protection for Members When Community Associations “Go Broke” (January 27 2010), and Bankruptcy Won't Work (July 17 2011).

    A corporate bankruptcy filing essentially tells the world that the assets of the company are insufficient to meet its obligations to creditors. But, where the value of all of the real estate interests within the community can be accessed through the lien process to pay assessments, where assessments are backed by the personal assets of all owners, and where the association has a statutory obligation to assess, the property and personal assets of the owners essentially become the “assets of the company.” Collectively, these are likely to be more than adequate to pay any creditors.

    FYI: The industry refers to H.O.A. corporations as "community associations", which is why the the 501(c)(6) trade and lobbying organization for the industry’s attorneys, property managers, and other vendors is called the Community Associations Institute ( C.A.I. ).

  11. Oblig. Seinfeld ref. by Anonymous Coward · · Score: 0

    Her father was a Moder?

  12. Nobody has said it yet..... by TiggertheMad · · Score: 1

    HOA to homeowners: ELIMINATE!

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:Nobody has said it yet..... by Anonymous Coward · · Score: 0

      The need to send the Daleks to exterminate the HOAs!

      Seriously, HOAs should not be allowed to exist. I bought my property, and will do as I like with it. As long as someone doesn't use his yard as a junkyard or trash heap, there should be nothing anyone can do, no one to tell you what you can or cannot have as a decoration on your property.

  13. What is... "This story"? by Dredd13 · · Score: 1

    I'll take "Reasons why I'll never live in a house governed by an HOA", for $1000, Alex?

    1. Re:What is... "This story"? by Anonymous Coward · · Score: 0

      I have never understood the legal authority of an HOA. Personally if I pay for the home, I say what goes in the yard/ drive. If the HOA wants a say they can buy the house from me THEN say what goes there lest I tell them where they can put things.

    2. Re:What is... "This story"? by hymie! · · Score: 1

      It's a voluntary contract. When you buy the home, you understand that the home has an HOA and you agree to follow its rules and regulations.

  14. If I can pay for a house by Zombie+Ryushu · · Score: 1

    If I can pay for a house I would summarily refuse to be a member of a homeowners association. At the time of buying, I'd check and make sure there's no Home owner's association or if there was make sure the contract said I was somehow exempt or just not a member of the association and not subjects to its bylaws. Possibly having police or attorney presence.

    1. Re:If I can pay for a house by Greyfox · · Score: 2

      The contracts for those houses typically state that you can't sell the house unless the buyer agrees to be in the HOA, so you'd just not be buying that house. But it's not such a problem -- the real estate web sites list whether they're in HOAs or not, so you can just exclude the ones that are. There are plenty of good houses out there without having to get involved with the crab people.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    2. Re:If I can pay for a house by AK+Marc · · Score: 1

      I bought a house that was in an HOA, but an owner (previous to the people I bought the house from) didn't get the HOA documents signed at closing. I'm exempt. I'm not a member, and there's nothing they can do about it. You can sign everything but the HOA documents, and leave. What happens next is not well defined. Can the HOA place a lein against your house to require you to sign the documents? Can they sue the previous owners? I'm sure they'll threaten lots, but I've never seen a case where an HOA went after anyone for not signing into the HOA properly. I'm honestly curious what would happen. I know, for my house, the sale went through, and no action was taken.

    3. Re:If I can pay for a house by Anonymous Coward · · Score: 0

      Many HOAs are a bit lax... I lived in one that had zero presence - an older (20+ yrs) neighborhood. No dues, no service, no meeting, no nothing, but still, there were HOA and CC&R papers when I bought the place.

      My current house also has a HOA. I think there are over 1,000 houses here. There are $100 month fees, which maintains a few dozen acres of open space, including the public boulevards, two parks and a walking trail. One park has a pool, the other a kiddie water-park.

      The think I like about the HOA is that it keeps things looking nice, but they are not too picky. Even though everyone is supposed to park their cars in the garage and not on the street, there are plenty of folks who have a garage full of junk, but never get cited (My wife and I both park in our garage).

      Nobody is painting their house fuchsia, and there are no cars up on blocks on lawns. There are a few basketball hoops on the side walk that technically are supposed to be, as well as a few garden sheds that can be seen in other peoples back-yards, but nobody is a dick about it.

    4. Re:If I can pay for a house by AK+Marc · · Score: 1

      Based on what others are saying here, I live in a place with a voluntary HOA, that's more like a friendly neighborhood watch. They have no legal right or claim as to anything I do with my property, but do ask for money, but don't mind when I don't pay.

    5. Re:If I can pay for a house by LordKronos · · Score: 1

      Actually, you most likely are not exempt. Most HOA's are a deed restriction on the property and it is explicitly worded in such a way that it carries over to all subsequent owners automatically by virtue of you accepting title to the property. It works in the same manner as being a part of your city or township. When you close on the house, you don't sign anything which states you agree you are subject to the ordinances of your city or township, but that doesn't mean you are exempt from those ordinances. Those city/township ordinances are enforced by a deed restriction on the property which automatically carries over to all future owners.

      So either
      1) you are in one of the rare HOA's which wasn't properly established, or
      2) your HOA was formed AFTER your home was originally purcahsed, and no owner since then has voluntarily agreed to join and subject all future owners to it, or
      3) you are just lucky that your HOA is run by people clueless enough to not realize you aren't actually exempt.

  15. Good for the HOA. by Anonymous Coward · · Score: 0

    I love Doctor Who, but I would be pissed if some douche had this in his front yard, just like I'd be pissed if you had trash in your yard or broken down cars in front of your house. My home is an investment and I don't want you dragging that investment down, because you're a piece of shit. If you want that, put it in your back yard.

    If you don't want to deal with an HOA, don't buy a home in an area that has an HOA. I specifically chose not to live in an HOA area, because I didn't want to pay hundreds of dollars a year to a bunch of uptight twats.

    1. Re:Good for the HOA. by jedidiah · · Score: 3, Insightful

      I once had a next door neighor that had 4 cars on blocks in his driveway.

      A) This guy is cooler than any neighbor I've ever had in an HOA
      B) This guy's car collection did not devalue my home one bit or make it harder for me to sell it (location baby).

      HOAs are just an affront to your personal liberties and a money pit. Their enforced conformity preserves nothing and gives you nothing (except some light fascism).

      They don't even enforce the useful (safety) rules.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    2. Re:Good for the HOA. by Anonymous Coward · · Score: 2, Interesting

      > I would be pissed if some douche had this in his front yard, just like I'd be pissed if you had trash in your yard
      > or broken down cars in front of your house. My home is an investment and I don't want you dragging that investment down,
      > because you're a piece of shit. If you want that, put it in your back yard.

      MY investment carries no obligation in regards to your investment and/or property! You got, what you paid for, extending exactly to the borders of your property.
      With other words, shove your self-righteous garbage not into your backyard, but straight up your ass! ;-)

    3. Re:Good for the HOA. by BrokenSoldier · · Score: 1

      Yet, you choose to sound like an uptight douchecanoe by railing on about the 'investment' that your house is, like its some kind of piggy bank. If you want that, then go live in an HOA because that is what you apparently really want. Otherwise you wouldn't expect your neighbors to follow some arbitrary idea of what the 'rules' are. Investing in a house is about as dumb as investing in a car or a Rolex. It's already worth less than you think it should be before you are a week in.

      --
      If it's not broken, let's fix it till it is.
    4. Re:Good for the HOA. by Ichijo · · Score: 1

      HOAs are just an affront to your personal liberties and a money pit. Their enforced conformity preserves nothing and gives you nothing (except some light fascism).

      Ditto for cities.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    5. Re:Good for the HOA. by Anonymous Coward · · Score: 0

      Your ignorance and vulgarity is telling. Yes there is an obligation for you to follow the rules of the community.

    6. Re:Good for the HOA. by Anonymous Coward · · Score: 0

      I once had a neighbour like that, but the cars were full of garbage, once the cars got full he started piling the garbage on his lawn.

      What exactly is your point?

    7. Re:Good for the HOA. by Anonymous Coward · · Score: 0

      Beyond the petty rules enforcement, an HOA usually has some other responsibilities. Typically these involve public spaces in the community, such as a club house, community pool, community pond, or even the fence and landscaping surrounding the community. The HOA dues will cover the costs for maintenance of these facilities and will often include liability insurance as needed. These are generally beneficial aspects of an HOA.

      An HOA can run amok. The rules can change over time. Selective enforcement is also a recurring problem. Mission creep is sometimes a problem, such as when an HOA decides to have the landscaper who handles the common grounds also handle all the private houses.

  16. Can they give it to Disney? by damn_registrars · · Score: 1

    EPCOT has a British phone booth but no Police Box. They could really use it. Looks like Parrish is ~111 miles from Orlando.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  17. Thanks guy! by Anonymous Coward · · Score: 0

    Yes, yes we did. Thanks for noticing and acknowledging our achievements. What, pray tell, has your country done to become great like us?

    1. Re:Thanks guy! by Anonymous Coward · · Score: 0

      Yes, yes we did. Thanks for noticing and acknowledging our achievements. What, pray tell, has your country done to become great like us?

      As much as I like most American people your country has become a mockery of democracy. Go invade North Korea and see what happens when nobody else joins your imperialist conquest. Baazinga!

    2. Re:Thanks guy! by sound+vision · · Score: 1

      The country has become a mockery of a lot of things, but as for invading NK - were there any incentive to do so - there are at least two countries off the top of my head who would also be sending soldiers: South Korea and Japan.
      Now if some unforeseen event happens so that attacking NK would be warranted, you could probably add a couple more Asian countries to the list, plus Australia and the majority of the EU, to the coalition. Hmm, where have I heard that phrase before, "coalition forces"...

    3. Re:Thanks guy! by SuricouRaven · · Score: 1

      China would want in too - they would probably claim their forces are going in on humanitarian missions, but everyone would know their real function is to ensure that whoever gets to run the land after is some pro-China puppet, and not a pro-Western puppet.

    4. Re:Thanks guy! by Anonymous Coward · · Score: 0

      Yes, yes we did. Thanks for noticing and acknowledging our achievements. What, pray tell, has your country done to become great like us?

      Basically made your country and seeded modern civilisation in the rest of the world. You're welcome.

  18. Re:As A Corporation, An H.O.A. Is A Defective Prod by Anonymous Coward · · Score: 0

    tl;dr an HOA, unlike a regular corporation, socialises the profits rather than the losses - making it the least psychopathic form of corporation ever deployed!

  19. Fuck the HOA by Anonymous Coward · · Score: 0

    Seriously, you can't tell me what I do with my propriety!

    1. Re:Fuck the HOA by Anonymous Coward · · Score: 0

      Seriously, you can't tell me what I do with my propriety!

      Buy a home in a HOA controlled community, they can and will. Comes with the house. Only option is to not buy in such a community.

  20. Re:As A Corporation, An H.O.A. Is A Defective Prod by Anonymous Coward · · Score: 0

    As a corporation, an H.O.A. is a defective product.

    HOAs are pure slime. I knew someone who lived in one. In the summertime when he was working 7 days a week, the HOA kept trying to evict him because his lawn was 1/8" higher than "community standards".

  21. bennett themed wedding by Anonymous Coward · · Score: 0

    Not a long time ago, I was just a normal internet user that surfed various news sites like Sladshdot, reddit, or wsj.com. I read a story, perhaps clicked onto some links it contained, and I was mostly happy with my life.

    Then, one day, I surfed Slashdot. It was one of those days you will remember for the rest of your life. So, as I surfed Sladshdot, the title of a story got my attention. I read the summary. The topic seemed interesting, so I decided to read further. I read:

    Read on below for the rest what Bennett has to say.

    Usually I don't read first line of a story which contains the user who has submitted it. On that day, I didn't neither. As I've only read that bottom line, I asked myself: who is this misterious Bennett? I decided to click onto the "Read the comments" link to read more of the story that was, as it seems, written by some Bennett. During reading, I was already impressed by the clear and detailed but still concise structure of the text. As I finished reading, I was convinced it was the best story I've ever read on Sladshdot, or any comparable news site. I asked myself: perhaps this misterious Bennett has contributed more frequently than just once?

    To find that out, I went to Sladshdot's search bar and searched for "Bennett". I clicked the second entry, and it began with:

    Frequent contributor Bennett Haselton writes

    I searched for the "Read on" line, and I was happy when I found it. As it seemed, he was a frequent contributor. However the story was on a topic completely unrelated to the topic of my article. Would the other article still be as insightful as the first? And the other stories in the search result? Would they be also by Bennett? Or someone else? I decided first to be happy to have found such an insightful article, and decided to make a photograph of me, before I read the second story.

    I still have that photograph of me and I can see the hope and the satisfaction in my eyes, the hope that the other stories are also written by this brilliant author called Bennett, and the satisfaction of having read such an insightful article. As I've read the first couple of stories by Bennett, I couldn't believe what my eyes saw: all the stories were as insightful or even more insightful than the original story I read. I asked myself whether the spectators in the Globe theatre would have felt the same way when they watched a piece by shakespeare: Witnessing history of writing. I realized Bennett is one of histories great writers.

    As I've finished reading all contributions by Bennett Haselton on Sladshdot, I went back to the first Bennett story, and read them a second time. I sat three days straight, missing all social events during that span, only reading Bennett's stories, and reading them again and again. During that time my eyes opened to the fact that my whole life, I've known nothing. Bennett's stories explained every aspect of very complicated things in such detail, that I formed something in my mind. First, I couldn't describe it what it was, but years later I know that, for the first time of my life, I formed something called "opinion" on a topic. Previously, I've only adopted opinions from others, but Bennett's stories enable people to make their opinions for themselfes, to form them. With his stories, Bennett gives you the material to form your own opinion on your own. I know you will say that you can form your opinion on your own, and that you don't need Bennett for that. I
    disagree with you. What you call opinion, is in reality just ideology you imitate from others. You don't form your opinions, you don't have them.

    Every time Bennett writes a new story on Sladshdot, I take a free day and spend it reading the story

  22. Re:As A Corporation, An H.O.A. Is A Defective Prod by sound+vision · · Score: 2

    The HOA in my neighborhood hasn't socialized shit. They haven't even built the park that was supposed to be built 10 years ago. The closest thing we have to a park is the drainage ditch behind the neighborhood, which if you bicycle down, you can access both the garbage dump and a state prison. They definitely made sure to clear out all of the trees from the supposed park site to build more houses on, though.

  23. Land of the Free by righteousness · · Score: 1

    So this is what it's like to live in the Land of the Free. Fortunately we don't have that kind of problem here in the Third World.

    --
    Don't fornicate. Seriously, just don't do it.
  24. Give up your toys by Anonymous Coward · · Score: 0

    You're married. You're grown up. Part of becoming adult is learning to function as a part of a community, which has rules. Conform.

  25. Used to be everywhere in the UK by devnulljapan · · Score: 1

    There was one at the top of my street when I was a kid.

  26. Minutes from the meetings by Anonymous Coward · · Score: 0

    Get copies of the minutes from all the meetings, find out who complained about it, and then spray their lawn with bleach one night.

  27. Easy by nospam007 · · Score: 1

    Put some tiny wheels under it and call it a hauler.

  28. Re:Conform or be expelled ( no fined ) by onepoint · · Score: 2

    Disclosure: I am a realtor, mostly on the sell side 96% of the time, not representing the buyer. 4% representing the buyer. So I will speak from the selling side. And a big Doctor Who fan from the 80's
    HOA's, condo's, and Co-op's are a form of corporations (non-profit) that run the land you are on and issue a set of rules you need to abide by.

    When you buy into any of the above, you are required to abide by those rules. When I do a transaction I am required to present to you the rules of the association, sometimes in excess of 200 pages. And you have 3 days to execute a confirmation that you read these rules, otherwise I will put it back on the market. It's a take or leave situation, I think most people don't read the rules.

    Most of the rules are common sense, for example, allocation of parking, pet policy's, exterior paint colors, lawn height (which in a condo is the association responsibility not the condo owner usually), cannot hang wet towels on the balcony rail to dry and a ton more. Some of the more interesting rules are
    A) How bad of criminal are you... ( Violent crime of murder not permitted, but a Bernie Maddof welcome)
    B) You cannot buy the property on credit, must be a cash transaction close
    C) Limit on how many occupants in the unit

    A common rule I tell people when they are presented with my property is, you are buying conformity, a lifestyle and sometimes peace of mind.

    One of the huge problems in HOA's is the Flagpole issue, ex-military wants one on the front lawn of their house, most, if not all HOA's did not permit this, but every year we see it as a lawsuit http://blog.chron.com/advocate... ( that's a Texas one)
    It got so carried away here in Florida that the state had to chime in http://www.hoaleader.com/publi... ( summary is, you can within reason)

    When the 9 /11 happened, people hung American flags on the railing, well after 3 months some condo association and HOA's were tired of this, asked the residences to remove them, Boy did that start a huge problem, it's considered un-American, while the truth is, following rules is a rather American thing, otherwise why would we need so many lawyers to interpret these rules.

    So I don't understand what the big fuss is all about, the guy has a big blue box ( which I would love to own), it's rather different than what is normally seen, people complained, put it in the yard, end of problem. Or if the guy was smart, he should have asked his association about how to hold a wedding at his home, and they would have let him slide properly with all the form executed to do it. ( You need parking permits for gated communities when you hold huge parties, advise the association and they will set up a little shuttle cart for the bride and groom if needed, provide parking assistance ( by sending a note to the neighbors, see whom wants to offer up some driveway space, provides the cleaning service for all the exterior the next morning... )

    --
    if you see me, smile and say hello.
  29. Good. by azav · · Score: 1

    If I pay to be in an HOA, I wouldn't want to see that type of junk in front of a house in my neighborhood.

    They might love it for all the world, but there's no guarantee that their neighbors would want to be seeing it, or even know what it is.

    --
    - Zav - Imagine a Beowulf cluster of insensitive clods...
  30. Select few... by McFly777 · · Score: 1

    Well in the US most neighborhoods don't have a HOA anyways. They are a select few, and they setup mostly to keep the values of their homes, and insure a comfortable living environment. . . .

    I disagree with the assertion (made by several posters, not just the above post) that HOAs are somehow unusual. It varies by locale, but in general any subdivision* created in the last 30 years has a HOA. The HOA is how the builder ensures that he can sell all the lots over the 10 year period he is building there, because the early owners aren't allowed to do anything that the builder thinks would detract from sales. Unfortunately, the HOA continues to exist after the builder is done and gone.

    *Note that by "subdivision" I am referring to the case where a builder buys somebody's farm, and sells lots with homes built by that builder. Not the case where the farm owner subdivides his land and sells lots to private parties who then find their own builder to construct the home.

    Yes, I live in a subdivision with an HOA. Although I've not had any problems with the HOA, I dislike it on principal. In particular the fact that every rule ends with "or other rules as may be given by the HOA board." As a result the current idiots on the board can essentially just make up any new rules that they want, without a general vote. And this covers everything from parking to what flowers you plant on your property. They could decide one day that they don't like roses, and demand that all roses be dug-up immediately.

    Yes, I read the covenant when I purchased, but since the area which I live was all built up within the last 20 years, almost all property is HOA controlled in one way or another (except for buying a farm). It was a choice of buying a house with an HOA, buying one of the historic farm houses without an HOA -- typically with mold problems, buying farm land and privately building a house, or living in a rental. I didn't realize how much the existence of the HOA would irk me, or I probably would have gone with one of the moldy historic farm houses.

    I understand the "you might affect my property value" arguments, but before I had to move for work, I lived for 15 years in a subdivision with no HOA (different state, older development). While I didn't always personally agree with my neighbors choices, none of them were atrocious. One neighbor put up a fence, but he asked me first. I didn't really want a fence there, but gave him my blessing anyway, since it was not an unreasonable request. Contrast to here where my neighbor put up a fence, after asking the HOA, but I had no input even though I am the one affected by it. I still would have said "go ahead," but I would have liked to have been consulted. Its just more "neighborly" somehow.

    --

    McFly777
    - - -
    "What do people mean when they say the computer went down on them?" -Marilyn Pittman
  31. Don't want to follow rules don't live in HOA by Anonymous Coward · · Score: 0

    Home Owner Associations are non-profit corporations with rules and regulation. The impetus for HOAs was that people wanted to live in uniform neighborhoods without the worry of someone parking their cars on the lawn, or painting their house 4 different colors or worse not maintaining the property.

    Rules can be changed. The board, which are volunteers from the community have the responsibility to enforce the rules. If you don't like the rules, volunteer your time and get on the board, yes it is that easy as most HOAs have a very difficult time getting to volunteer(work for free) for the community.

    Self-centered, lazy and ignorant people should not live in HOAs.

  32. HOAs should die by whitroth · · Score: 1

    I consider them unAmerican, at least. And btw, when I was looking for my current house, I told my agent that if there was an HOA, I wouldn't even look at it.

    Had a friend whose carriage lamp on the front of her house, which was really *cheap* aluminum, died, she had it replaced with a better one... and the HOA demanded she replace that with another cheap one. And then there was the time that someone from the HOA got her given a ticket for dogshit in her back yard (the one with the 5'+ high fence around it, and it was a bit after a snowstorm, and it was all melting. (The judge tore up the complaint).

    No, they all are run by tin-plated petty dictators, with delusions of godhood. Unfuck 'em (no fucks for any of 'em).

                              mark

  33. Meh by Anonymous Coward · · Score: 0

    HOAs suck and are often overbearing, but dr who is in the top 5 list of most overrated TV shows in the history of time.

  34. You might be the crazy one! by Anonymous Coward · · Score: 0

    HOAs are in place to
    a) merge expenses for common areas - lighting, lawn maintenance, liability insurance and bonding of the people running the HOA.
    b) keep your idiot neighbors from doing things detrimental to the price of YOUR house - things like having a blue box outside for months/years.

    For example, my HOA bylaws prevents vehicles from being parked overnight in driveways. We all have garages and vehicles must be garaged. I like this rule. Cars in driveways look junky to me and clearly everyone who purchases homes knew that when they did. It was part of the reason our neighborhood is highly desireable. The occassional guest vehicle isn't an issue.

    While I do enjoy Doctor Who, I don't want my neighbors having an eyesore that is visible from the street. The same rules apply to trash cans, which cannot be visisble from the street in our rules.

    Owners/renters are free to do whatever they want inside their homes or out of sight in their back yards. I don't care.

    Don't be the crazy one in your neighborhood. Please.

  35. No HOA on my street by vandamme · · Score: 1

    ...and there's junk cars and chicken coops. So you choose where you live, and live by the rules.