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    No first hand knowledge, but my girlfriend's cousin and her fiancé bought a house in a community with a HOA less than a year ago. The house is beautiful, but they are already putting it on the market 100% because of the HOA. They basically said that they don't feel like they even own their own house, the HOA does...

    Luckily for them, his already wealthy family fell into a pretty big pile of lottery winnings a few years back, plus he makes bank himself. So, he's willing to take a financial hit just to get out of the HOA.

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    Re: Does anyone have experience in dealing with HOAs?

    Quote Originally Posted by andrewross8705 View Post
    I'm 99% positive she didn't sign anything in regards to the HOA. I'm waiting on the missing papers from the title company but so far, I haven't found anything she signed that had to do with the HOA.
    Usually references to the HOA are buried in the deed/title work and may simply state that the deed holder agrees to abide by the CC&R's. Then it's up to the prospective purchaser to request a copy of the CC&R's, HOA financials, HOA meeting minutes, etc. so that they can be perused before closing. If your mother didn't do that then that's her fault.

    I'm not in an HOA community but I am in a "deed restricted" one. It's funny because most of the restrictions don't even apply any more, e.g. everyone will hook up to public water/sewer when they become available (35 years ago they weren't so everyone was on well/septic). There's no HOA to enforce them so if you violate one then someone adversely affected would have to sue you over it. I think there may be five restrictions that are still in effect and most of them are being ignored.

    The good thing about it is that there's no way to add a restriction without everyone having to change their deed - which is expensive, and everyone in the community would have to agree to it - so it will never happen.
    Last edited by bcr229; 07-31-2017 at 08:41 AM.

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    Re: Does anyone have experience in dealing with HOAs?

    Quote Originally Posted by KMG View Post
    Are the other fences in the neighborhood white? If they are it should have been clear that was the set standard. If they are not maybe she can use that as a way to make them either go after everybody or leave her alone.

    A white fence with sandstone house doesn't sound like a clash of colors.

    I would get a copy of the HOA rules.
    I'm going through the rules now. The problem is that the management company told her which fence types were allowed, certain chain link colors and wooden fences. She was under the impression that staining the wood next year would be acceptable and put the order in. After the fence was going in, the management company "found" an amendment that was made in 2010 that said all wood fences must be painted white. The rules have more bloat than a security document at my job.

    Quote Originally Posted by OhhWatALoser View Post
    If that's the case, they have as much power as I do, telling her what color to paint her fence. If she was part of the HOA she should of been paying a fee to fund the HOA anyways. I know HOA that hire full time inspectors to look for violations. Then others are just collecting fees to cut the green belt grass and maintain the pool house/club house. So not all of them are bad, but I can tell you I'll never be a part of one.
    She does pay an annual fee that covers mowing and a few other things. So far, I have yet to find a signature where it states she's agreeing to the rules and regulations set in place by the HOA. The only thing I can think of is implied consent when paying the annual fee. If that's what their basing the agreement on, I don't see it holding much value.

    Quote Originally Posted by craigafrechette View Post
    No first hand knowledge, but my girlfriend's cousin and her fiancé bought a house in a community with a HOA less than a year ago. The house is beautiful, but they are already putting it on the market 100% because of the HOA. They basically said that they don't feel like they even own their own house, the HOA does...

    Luckily for them, his already wealthy family fell into a pretty big pile of lottery winnings a few years back, plus he makes bank himself. So, he's willing to take a financial hit just to get out of the HOA.
    That's how it's feeling for her and her neighbor who I knew from high school. The funny thing is, the neighbors were putting a fence in last year and the president of the HOA who we both know was visiting them while said fence was being installed and he never once said anything about the fence being painted white. The board is a joke with everyone contradicting themselves and refusing to compromise. The president was awful when we were in school which was more than a decade ago and apparently he needs to stroke the ego some more. Once I got involved, he suddenly disappeared and stopped answering or returning calls and even skipped the meeting last week. I'm not even being an @%% towards him, let alone a sarcastic one.

    Quote Originally Posted by bcr229 View Post
    Usually references to the HOA are buried in the deed/title work and may simply state that the deed holder agrees to abide by the CC&R's. Then it's up to the prospective purchaser to request a copy of the CC&R's, HOA financials, HOA meeting minutes, etc. so that they can be perused before closing. If your mother didn't do that then that's her fault.

    I'm not in an HOA community but I am in a "deed restricted" one. It's funny because most of the restrictions don't even apply any more, e.g. everyone will hook up to public water/sewer when they become available (35 years ago they weren't so everyone was on well/septic). There's no HOA to enforce them so if you violate one then someone adversely affected would have to sue you over it. I think there may be five restrictions that are still in effect and most of them are being ignored.

    The good thing about it is that there's no way to add a restriction without everyone having to change their deed - which is expensive, and everyone in the community would have to agree to it - so it will never happen.
    The HOA is so disorganized, it's ridiculous. Up until a few members started hounding the management company and in turn, the president, nobody knew what was going on, who was on the board or when meetings were. That's the fault of the homeowners for sitting by idly and letting people make decisions without input. Now that people are trying to push back against the board, they are digging their heels in and refusing to compromise. Their resolution is "run for the board and get a 4-0 vote to make changes". The only deed restrictions I've found thus far that stand out are no privacy fences and fences can only be 4ft or so, chain link in certain colors or wood. There are others like the reptiles, insects and birds thing but again, these papers were sent out of order and it's been like deciphering a secret code. The funny thing is, nobody can supply minutes from past meetings even though one person has been on the board for 7 years....because that's not shady.


    The whole thing is a mess and reinforces my dislike for an HOA. Even the condo HOA I dealt with years ago was more relaxed than this place.

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