Another HOA controversy

[Coconut36]

I would have called too....but then again, I wouldn't live in a neighborhood with an HOA for reasons just like this.

Unfortunately those can be hard to come by..I know a lot of people who actively searched for homes outside an HOA to no avail..new builds were almost always HOAs as well.

That said if I was putting up a structure that cost that much you bet you I would have something in writing from the HOA before I did it. I hate HOAs..I have one and I find them to be a waste of my money but homes without HOAs were not easy to find. To me an HOA needs to focus on important things like cars on blocks in the front yard or a worn down structure or trash but a swingset or shed or playhouse in a backyard should be out of their domain..even if it peeks over the fence a bit.

 

[disykat]

To me an HOA needs to focus on important things like cars on blocks in the front yard or a worn down structure or trash but a swingset or shed or playhouse in a backyard should be out of their domain..even if it peeks over the fence a bit.

Then this HOA decision is okay with you since it isn't in the back yard or behind a fence? (It appears to sit next to the front sidewalk)

 

[Art 1]

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

Why.

 

[Coconut36]

Then this HOA decision is okay with you since it isn't in the back yard or behind a fence? (It appears to sit next to the front sidewalk)

No that's not what I am saying and it doesn't look at all to me to be in the front of their house on the sidewalk. It looks like it is near their driveways behind the fence for their backyard. The fence makes their yard visible from the street but it seems to be behind it.

My point was that I don't think these are not things I concern myself about in a neighborhood. Cars parked in yards, large vehicles or boats in driveways/on the street (violates city codes sometimes too), worn down or poorly maintained homes with peeling paint or weed filled yards..those are HOA issues IMO. Playhouses and swing sets not so much.

 

[Ceila]

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.

Why do you always get so involved with HOA threads if you do not now, nor ever plan to, live in a neighborhood with an HOA? Just so you can tell everyone how much you hate them? We get it, really.

The fact is that the family DOES live in a neighborhood with an HOA and they chose to ignore the rules they agreed to abide by. The question isn't whether HOAs are good or evil, as you seem to want to make this discussion about. The question is whether the family violated their HOA rules.

 

[disykat]

No that's not what I am saying and it doesn't look at all to me to be in the front of their house on the sidewalk. It looks like it is near their driveways behind the fence for their backyard. The fence makes their yard visible from the street but it seems to be behind it.

My point was that I don't think these are not things I concern myself about in a neighborhood. Cars parked in yards, large vehicles or boats in driveways/on the street (violates city codes sometimes too), worn down or poorly maintained homes with peeling paint or weed filled yards..those are HOA issues IMO. Playhouses and swing sets not so much.

The caption next to the 3rd picture says "beside their driveway in front of their fenced back yard."

 

[PaulaSB12]

Why do you always get so involved with HOA threads if you do not now, nor ever plan to, live in a neighborhood with an HOA? Just so you can tell everyone how much you hate them? We get it, really.

The fact is that the family DOES live in a neighborhood with an HOA and they chose to ignore the rules they agreed to abide by. The question isn't whether HOAs are good or evil, as you seem to want to make this discussion about. The question is whether the family violated their HOA rules.

Maybe because the idea of some busy body telling you that you have to break the counties rules banning using hosepipes to keep you grass green is wrong. To expect other areas to go without water so you can have a green lawn is wrong. How in an era of eviromental consideration insisting on wasting electricity to dry clothes when drying outside on a washing line is as good is pathetic. Why hoa's that ban people from growing vegetables is pathetic. Plus house prices are coming down this doesn't have anything to do with having a purple house next door to you, it does have everything to do with the fact that people are not willing to lay out such a large amount of money when job safety is not certain. People may have been willing to pay x amounts of dollars for a house a few years ago but now they are only willing to pay y amount. Nothing to do with fair or not its what the market is willing to pay for it.

http://www.floridacondohoalawblog.c...ing/emotional-assistance/service-petsanimals/

 

[Ember]

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.)

I agree completely. They are using their child's disability, and it's disgraceful. The fact that the little boy has Cerebral Palsy has nothing whatsoever to do with them choosing to not follow the rules. It's people like this that create intolerance. "Oh no, we don't have the same rules apply to us as everyone else. Our child is disabled." When there are families and children who genuinely need accommodations or help, things like this cause them to be looked at with suspicion, wondering if they are using the disability to play the system. How sad.

 

[sam_gordon]

To me an HOA needs to focus on important things like cars on blocks in the front yard or a worn down structure or trash but a swingset or shed or playhouse in a backyard should be out of their domain..even if it peeks over the fence a bit.

So YOU get to decide what's important? Why are your views on what's inappropriate more valid than anyone elses?

While it's true many developers originate a HOA for a new area, from what I understand, once the HOA "takes over", there are provisions to change covenants. I think ours needs 2/3 of homeowners to sign off on the change (they don't need to go to a meeting).

Can HOAs be concerned about "nitpicky" sure. Are ALL HOAs "bad"? No.

 

[kirstenb1]

The caption next to the 3rd picture says "beside their driveway in front of their fenced back yard."

I know this is OT, but the fact that it's outside their fence jumped out at me. A playhouse for a 3 yr old that fronts on a street? That is nuts, and unsafe.

 

[sparklynails23]

I bet the parents wanted to put the house next to the driveway so it was accessible by a wheelchair. The article said the boy had just started climbing since getting the playhouse, and he has a big cast on his leg. Still, they should move the house/shed into the backyard. I'm sure whoever built it would move it for free (after all this controversy), and the HOA could grant them a 5 year variance for special circumstances. After that, the boy will be too big to use it.

I'm wondering though if the house isn't more for the little girl in the picture than for physical therapy for the boy. Physical therapy could have been accomplished on regular playground equipment (in the backyard) rather than an enclosed house.

 

[tiggger1]

I know this is OT, but the fact that it's outside their fence jumped out at me. A playhouse for a 3 yr old that fronts on a street? That is nuts, and unsafe.

The kid has cp, has a cast and probably has been or will be in a wheelchair. I would want it somewhere where he had access too...have you ever tried pushing a wheelchair on the grass. My son had issues walking and balance and his PT recommending walking on hard surfaces until he was able to balance better and then try the grass

 

[kirstenb1]

The kid has cp, has a cast and probably has been or will be in a wheelchair. I would want it somewhere where he had access too...have you ever tried pushing a wheelchair on the grass. My son had issues walking and balance and his PT recommending walking on hard surfaces until he was able to balance better and then try the grass

I hear you, but he's only 3. Our dd has hypotonia (low tone) and at that age, I often just carried her. When she was learning to walk, I had her on soft ground as much as possible, because she really didn't have the strength or agility to throw her arms out to catch herself when she fell. The picture of the little boy showed him with a cast, and I think he was upright, not sure.

 

[LuLuO]

I wonder if they had a permit to put that up. It would need to meet wind load and set back regulations, and some other things.

Permits are not always required. We put in a shed of similar size in our backyard and no permits were required.

They live in an HOA community and they should have contacted them regarding their plans before constructing the play house. Anyone living in an HOA community should do the same before doing anything with regards to the outside of the house or the yard.

 

[EMom]

Then don't move into a HOA and.......problem solved! We live in an entire town that has strict HOA rules and moved here on purpose because we disliked the alternative of "anything goes" that we saw so many other places. Every once in a while, we get an itching for a house with a bit more land and go look at nearby acreage communities. Nice ones, mind you, but the rules aren't as strict. Then we see things we would HATE to have to look at every day and decide we're better off with more regulation than less.

HOAs have rules. If you don't want to follow them, no one is forcing you to live there. I don't want to dry my clothes on a line (due to allergies) and I don't particlularly care to look ourt my back window at everyone else's laundry flapping in the wind. That is MY choice. You can make yours. I follow the HOA rules. And you bet a freakishly colored house will lower my property values.

We all have choices. Some of us prefer HOAs and some don't. But if you move into a neighborhood with a HOA, then suck it up and follow the rules.

Maybe because the idea of some busy body telling you that you have to break the counties rules banning using hosepipes to keep you grass green is wrong. To expect other areas to go without water so you can have a green lawn is wrong. How in an era of eviromental consideration insisting on wasting electricity to dry clothes when drying outside on a washing line is as good is pathetic. Why hoa's that ban people from growing vegetables is pathetic. Plus house prices are coming down this doesn't have anything to do with having a purple house next door to you, it does have everything to do with the fact that people are not willing to lay out such a large amount of money when job safety is not certain. People may have been willing to pay x amounts of dollars for a house a few years ago but now they are only willing to pay y amount. Nothing to do with fair or not its what the market is willing to pay for it.

http://www.floridacondohoalawblog.c...ing/emotional-assistance/service-petsanimals/

 

[Coconut36]

The caption next to the 3rd picture says "beside their driveway in front of their fenced back yard."

Argh..I swear I read it 3x and I never saw that!

OK despite the fact that it is not behind their fence I still don't think it is something an HOA should be worried as it is not a homely structure or run down or anything like that. A rickety old shed maybe but a nice little house..no. I see them intervening for things that are dirty or broken or filthy or rundown or not maintained..otherwise I think they should but out.

I do wonder why they put it in front of their fence vs behind it but considering the type of fence they have it hardly seems like it would matter one way or another as it would be visible either way (here fences tend to be 6ft block fences so behind it would obscure it from view outside..in this case their fencing does not seem like it would block view anyway). Maybe it makes it easier for a therapist to come and go to assist him or something like that?

 

[Coconut36]

So YOU get to decide what's important? Why are your views on what's inappropriate more valid than anyone elses?

While it's true many developers originate a HOA for a new area, from what I understand, once the HOA "takes over", there are provisions to change covenants. I think ours needs 2/3 of homeowners to sign off on the change (they don't need to go to a meeting).

Can HOAs be concerned about "nitpicky" sure. Are ALL HOAs "bad"? No.

I didn't say I get to decide what is important simply that I think HOAs tend to overstep their bounds regarding what someone does on their private property. Here we often see controversy over flag poles being put up..they ban people being able to fly the American flag for instance because the pole is obviously visible from the front. Apparently my HOA was banning satellite dishes..meaning not a single house in here could get satellite TV and were stuck with the extremely crappy single cable option. I think someone "big" intervened..the FCC or something and told them they could not restrict that...I can't remember exactly but somewhere I have their response to my query about it stating they were prohibited by law from preventing us from putting one up.

I think it is great to have someone that helps keep people accountable for basic maintenance but I think it gets out of hand when people have to get permission to do anything to their property..especially considering it is extremely difficult if not almost impossible to move into a community without an HOA so it's not like many can take the stance of "don't like it, don't buy there".

 

[ccgirl]

This part of the article struck me:


Meanwhile, Tiffiney Veloudis said her attorney has been searching for provisions that would allow them to keep the house under federal programs such as the Americans with Disabilities Act or the American Fair Housing Act, both of which make it illegal to discriminate against people because of handicap.


Sounds like nobody is being discriminated by the HOA following their rules. By the Veloudis family keeping the structure, all other familes are being discriminated because they can't have them.

I love HOA's. Purposely looked for one to move into. I constantly get compliments about how gorgeous my neighborhood is and how everyone takes care of their neighborhood so well. Go to the neighborhood a few blocks away and it's a very different story. No HOA's. Houses are the same but their market value is significantly lower than mine. Neighbors unkempt yards and junk all over their yards due decrease home values.

The fact that this family would rather spend money on lawyers than follow the rules as they were when they chose to move in is quite confusing to me.

 

[Alsobrook]

Ever heard the expression, "Tis better to ask for forgiveness than for permission?"

Not true when it comes to HOAs.

The disability of the child is irrelevant.

 

[mickeysgal]

Maybe because the idea of some busy body telling you that you have to break the counties rules banning using hosepipes to keep you grass green is wrong. To expect other areas to go without water so you can have a green lawn is wrong. How in an era of eviromental consideration insisting on wasting electricity to dry clothes when drying outside on a washing line is as good is pathetic. Why hoa's that ban people from growing vegetables is pathetic. Plus house prices are coming down this doesn't have anything to do with having a purple house next door to you, it does have everything to do with the fact that people are not willing to lay out such a large amount of money when job safety is not certain. People may have been willing to pay x amounts of dollars for a house a few years ago but now they are only willing to pay y amount. Nothing to do with fair or not its what the market is willing to pay for it.

http://www.floridacondohoalawblog.c...ing/emotional-assistance/service-petsanimals/

It's pathetic to you...but not to all. Personally, I don't want to look at people's laundry. I don't want to see anyone's vegetable garden. Or anyone's au natural idea of landscaping and yard upkeep. Or someone's stockage or chain link fence. It's not the look to a neighborhood that I enjoy. Hence, why a HOA works for us. Hence, why a HOA doesn't work for you. No one is right or wrong as anyone can control whether they want to agree to the terms of the HOA before they buy into a neighborhood that has one. Each HOA is different to some degree - so the obligation is upon us the buyers to do our research before chosing to live in a HOA community. Because once you sign, you are now obligated to follow the rules. No crying/whining about it later.

And yes, even with housing prices coming down due to the economy, a house's value would come down even more if it was next door to a purple house. That's the reality. You're mixing the economy's woe's of falling house prices that have hit so many across the nation and comparing it to the location of a house that is affected by what is around it that can additionally alter it's value.