Another HOA controversy

[sam_gordon]

I know that. I was speaking in general about HOA's, which I am very much against.

Unless they are paying my mortgage, no one else the right to tell me what is allowed (or not) on my property.

Then don't move into a HOA neighborhood.

When you purchase in an HOA neighborhood, you're given the covenants BEFORE you sign anything. This couple knew about the covenants, and willingly went against them. IMO, they can't blame the HOA NOW.

Yes, the couple went to the media first. There is a bunch of support for this couple in the area.

 

[Lisa loves Pooh]

On the other hand, some people think they have the right to tell others what they can and can not put in their yards.

I'm pretty positive that HOA's via their covenants do indeed have the right to tell others what they can and cannot put in their yards.

There are some exceptions to this rule and even those exceptions have exceptions (Satellite Dishes).

But this HOAs aren't full of people who "think" they have a right. They indeed do have a right to enforce a legally binding document.

Stinks.

I may not like our HOA or that our choices were rather limited making the HOA neighborhood the best choice for us at the time--but they get to legally get their panties in a twist if they want and make me remove something they don't like.

While you can claim no one has a right--unless you are in a non-HOA neighborhood, the courts have found that to not be the case.

I'm not a fan of HOA's--but they do have their positive side as well.

As for the OP--people need to stop using a disability to garner sympathy when they break the rules. I find it horrendous that the parents have opted to do that instead of following the dumb rules they signed when they moved in. A disability does not make one above the rules or above the law so long as the ADA is not violated. (And as far as I know--ADA rules don't cover playhouses on the side of the house or prevent people from following protocol should they need something in their yard or for their home to make it accessible.)

 

[SaraJayne]

Then don't move into a HOA neighborhood.

When you purchase in an HOA neighborhood, you're given the covenants BEFORE you sign anything. This couple knew about the covenants, and willingly went against them. IMO, they can't blame the HOA NOW.

Yes, the couple went to the media first. There is a bunch of support for this couple in the area.

No worries, I won't ever move into a neighborhood that has an HOA.

 

[Conservative Hippie]

Around here every neighborhood has an HOA. Our's had fairly reasonable rules, but I have come to hate them. We get violation notices for things that don't exist - a leaning mailbox (it wasn't), dead trees on our property (no trees on our property), and violation notices threatening hefty fines for the stupidest stuff - $100 per day for leaving our garden hose visable from the street (forgot, and I had already moved it back before we got the letter), $100 per day for a patch of dead sod. Meanwhile there has been a pair of sneakers hanging over one of the light posts for 4 years, and there is an empty lot where people regularly hang out and throw their snack wrappers and beer cans.

That being said, all they had to do was ask. When we wanted to put up a fence, we asked! I knew it wasn't a problem since other people in the neighborhood had the exact same style fence, but you have to ask permission, so you ask permission.

 

[diznygirl]

On the other hand, some people think they have the right to tell others what they can and can not put in their yards.

No worries, I won't ever move into a neighborhood that has an HOA.

Also please check municipal ordinances for the area you purchase - some towns/counties have the same type of rules as HOAs.

Rules are rules, they are everywhere and hard to avoid.

 

[MichelleVW]

1) I would never spend $5,000 on that "shed"
2) I don't see how that could be considered therapy for the child.
3) The homeowners should've checked with the HOA first. I'm sure they were aiming for the "it's easier to ask for forgiveness than it is permission" approach.

Agreed!

When you move in, you get the rules that you agree to before you close on your house. No one ever reads it, then plays dumb when they get the HOA letter, or tries to fight it because x y or z shouldn't apply to them. Don't buy a house in an HOA if you don't want to follow those rules.

Exactly!! This is why I live in the country! After living in military housing for 20 years I wanted to have some control of my own yard and not have to worry about the "yard police". But you can't move into an HOA and then complain about them.....duh.

 

[Lisa loves Pooh]

Around here every neighborhood has an HOA. Our's had fairly reasonable rules, but I have come to hate them. We get violation notices for things that don't exist - a leaning mailbox (it wasn't), dead trees on our property (no trees on our property), and violation notices threatening hefty fines for the stupidest stuff - $100 per day for leaving our garden hose visable from the street $100 per day for a patch of dead sod. Meanwhile there has been a pair of sneakers hanging over one of the light posts for 4 years, and there is an empty lot where people regularly hang out and throw their snack wrappers and beer cans.

That being said, all they had to do was ask. When we wanted to put up a fence, we asked! I knew it wasn't a problem since other people in the neighborhood had the exact same style fence, but you have to ask permission, so you ask permission.

I received a notice for a fence that was in disrepair.

It wasn't my fence.

So being the smarty pants that I was, I responded in writing that when we purchased our home--it didn't have a fence and still didn't have a fence and since it didn't have a fence, we would not be fixing our neighbor's fence.

We also had a notice for our playhouse that wasn't assembled yet. They didn't like that we left it on the side of the house. When assembled, we had to send them a picture and make them aware that we had a playhouse. I thought it was nitpicky--and we had just moved in anyway. But we moved it until we could assemble it.

 

[Conservative Hippie]

I received a notice for a fence that was in disrepair.

It wasn't my fence.

So being the smarty pants that I was, I responded in writing that when we purchased our home--it didn't have a fence and still didn't have a fence and since it didn't have a fence, we would not be fixing our neighbor's fence.

We also had a notice for our playhouse that wasn't assembled yet. They didn't like that we left it on the side of the house. When assembled, we had to send them a picture and make them aware that we had a playhouse. I thought it was nitpicky--and we had just moved in anyway. But we moved it until we could assemble it.

LOL! I also got a letter from our HOA about missing numbers on our mailbox. This was after the dead trees and leaning mailbox thing so I was good and pissed off. I wrote them a letter back saying that the numbers on my mailbox matched the numbers on my house and matched the address that their letter was sent to, so if there really are missing numbers on my mailbox please tell me what they are because I obviously don't know my real address!

 

[mickeysgal]

There are certainly good and bad points of a HOA. We live in one now. They are reasonable yet firm about their rules.

These people are not going to get any sympathy from me on this one. They have HOA rules they chose not to follow. All they had to do is work with the HOA to find an acceptable solution. They chose to take it upon themselves to do whatever they want and now are using the disability and media frenzy to garnish support and sympathy.

Simple answer - follow the rules you agreed to follow.

For those of you who say you'd never live in a HOA community. I learned long ago never to say never. Wait until your job transfers you to an area where this is ALL you have to chose from. You learn to eat the "I'll never" words quite quickly.

 

[Heidict]

I hate HOA's. I will NEVER be a part of one. In this case though, I support them. They are in clear violation and are using their sons disability to try to get what they want. Disgusting.

I hope the HOA wins.

 

[Art 1]

I know that. I was speaking in general about HOA's, which I am very much against.

Unless they are paying my mortgage, no one else the right to tell me what is allowed (or not) on my property.

If you live in an HOA neighborhood yes they do have the right.

 

[usnuzuloose]

I lived in an HOA and they thought they could do what ever they wanted, that included tresspassing, brandishing guns, call my home and threaten me and my children. We went to a jury trial at there request and guess what they lost. They had to move. People who run these things have nothing better to do than tell you how to live your life.

 

[asta]

Just looked at the photos. The parents look like jerks for placement of the playhouse. It looks like they picked the location based on who they could irritate the most. I feel sorry for their neighbors to the left who practically have this thing sitting in their yard. Why did they not place this in their back yard? Beyond HOA restrictions, most cities have setback rules that will not let you build that close to what appears to be their neighbors property line. I would bet that they don't get along with their neighbor and built this thing just to pick a fight with them.

As far as the HOA thing. You know the rules when you buy the house, you should be decent enough to follow the rules. I also think that a HOA with strongly enforced rules are essential in any location where houses are built on less than 1 acre of land. Sometimes there is no explaining the taste and behavior of some people and when you live close to others you need rules to protect the quality of life and home values.

 

[PaulaSB12]

Can someone please explain what "person" came up with such an idiotic thing as homeowner associations in the first place? From what I understand the new housing estates 4 out of 5 have them so its becoming harder to avoid but something that lets people to be as petty as to go round looking in someone else's garden just incase they might have the wrong tree, a few weeds in the lawn. I have seen stories about a hoa that wanted to ban children outside without parents, the hoa that refused a child a service dog, never mind the areas that are short of water but the hoa's want their nice green grass and never mind this may lead to others in their areas facing rationing of drinking water so they can have their nice green grass.

 

[usnuzuloose]

Can someone please explain what "person" came up with such an idiotic thing as homeowner associations in the first place? From what I understand the new housing estates 4 out of 5 have them so its becoming harder to avoid but something that lets people to be as petty as to go round looking in someone else's garden just incase they might have the wrong tree, a few weeds in the lawn. I have seen stories about a hoa that wanted to ban children outside without parents, the hoa that refused a child a service dog, never mind the areas that are short of water but the hoa's want their nice green grass and never mind this may lead to others in their areas facing rationing of drinking water so they can have their nice green grass.

Thats exactly what happend with me. They did not want my kids outside at all. They even stole bikes when we were not home. I would not even think about moving into that situation ever again.

 

[Cannot_Wait_4Disney]

Do people really spend their time worrying about this stuff? As long as you don't store old rusted cars in your yard, what's the big deal?

Various disputes in our HOA come up from time to time over seemingly trivial violations. But the rules were indeed agreed to by everyone that closed on a home. And in many jurisdictions, if the HOA doesn't enforce a rule, it loses the right to.

Can someone please explain what "person" came up with such an idiotic thing as homeowner associations in the first place?

Development companies. It was so they could have the homeowners pay to maintain the front entrances, water retention areas, and other common areas too far off the road for the city or county to maintain rather than the developer paying for it.

 

[Art 1]

Can someone please explain what "person" came up with such an idiotic thing as homeowner associations in the first place? From what I understand the new housing estates 4 out of 5 have them so its becoming harder to avoid but something that lets people to be as petty as to go round looking in someone else's garden just incase they might have the wrong tree, a few weeds in the lawn. I have seen stories about a hoa that wanted to ban children outside without parents, the hoa that refused a child a service dog, never mind the areas that are short of water but the hoa's want their nice green grass and never mind this may lead to others in their areas facing rationing of drinking water so they can have their nice green grass.

Probably the guy who lived next door to people who painted their house purple and parked an RV on the side of the property and a boat in the front yard. Then when the guy went to sell his house, well he couldn't.

 

[disykat]

Just looked at the photos. The parents look like jerks for placement of the playhouse. It looks like they picked the location based on who they could irritate the most. .

I agree! I would hate to live in a neighborhood with sheds built on the front lawns.

I like our HOA. Sure, it has a few rules to help keep up the value of the neighborhood, but mostly it's about joint ownership of a streetlight. We have the only streetlight off of a main road and my friends in other neighborhoods are always jealous of it.

I've been stuck on the board more years than I'd like. We keep talking about disbanding. We have very few people even willing to come to a once a year meeting. However if we disband, the light will go dark, the entrance landscaping will gradually get grown over, and people will have to maintain their own mailboxes. (Currently they are in groupings of 5 or 6 on HOA owned structures) People would much rather pay $30 a year and have those things continue.

 

[Chelley00]

We have 4 college age guys sharing a house 3 doors down. I love having an HOA, because that's the only way we can get those guys to actually mow their yard and pick up their beer bottles.

 

[SaraJayne]

For those of you who say you'd never live in a HOA community. I learned long ago never to say never. Wait until your job transfers you to an area where this is ALL you have to chose from. You learn to eat the "I'll never" words quite quickly.

In this instance, I can say "never" with certainty. We will never live in a neighborhood with an HOA.