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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.

51 of 320 comments (clear)

  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 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
    10. 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
    11. 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.

    12. 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.
    13. 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.

    14. 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.

    15. 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.

    16. 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.

    17. 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.

    18. 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
    19. 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.
    20. 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).

    21. 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
    22. 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.

    23. 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
    24. 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.

    25. 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.

    26. 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.

    27. 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.

    28. 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...

    29. 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

    30. 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

  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 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.

  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: 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.

    3. 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.

    4. 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.

  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?

  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 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!"
  6. It's about time by NEDHead · · Score: 2

    bada boom

  7. 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 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...

  8. 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. ).

  9. 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?

  10. 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.
  11. 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! ;-)

  12. 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.

  13. 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.