I'm pretty sure HOAs are written into the deed. I'm seen some associations and deed restrictions that expire 20 or 30 years from the original date the development was first started.
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I'm pretty sure HOAs are written into the deed. I'm seen some associations and deed restrictions that expire 20 or 30 years from the original date the development was first started.
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You don't have a choice about being bound by the CC&Rs. Whether you join the HOA or not, the CC&Rs still apply to you. They apply to you because you bought the property - you can think of them as being part of the property. The HOA enforces the CC&Rs and whether you join the HOA or not makes no difference. They will still enforce the CC&Rs.Originally Posted by Clarence Martin
Brian mentioned that some subdivisions have sunset provisions on the CC&Rs. However, often those sunset provisions have clauses that require the homeowners to take some action - like a vote - or the CC&Rs renew for another term. It all depends on how the CC&Rs are written. CC&Rs are a contract between the homeowners and just about anything can be in the contract. Whether you like them or not, you agreed to them when you bought the property - they pass with the deed.
Whether you have a loan on the property or not, whether you paid your property taxes or not, none of those things affect the CC&Rs. If they did, someone could pay cash for their house and paint it purple. If you don't like CC&Rs, or the specific CC&Rs on a piece of property, don't buy it. Go find a house in a location without any CC&Rs, or a set of CC&Rs that you can live with. Once you buy the property you will be expected to live up to the restrictions in the CC&Rs.
Mike
Last edited by Mike Henderson; 09-03-2015 at 7:25 PM.
Go into the world and do well. But more importantly, go into the world and do good.
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You can't lump all HOAs into one group, because they are individual, and unique to themselves.
Keep that in mind when bashing them as one group.
I have been a board member of our HOA for 35 years. Many comments in this thread are (Admin Edit), and I shouldn't be sent to jail. (That was one comment)
The only 3 major restrictions we have are no fences, no sheds larger than 12'x12', and garages must be attached to the home. Our main function is to keep the streets plowed and repaired, have the park and beach areas mowed, and take care of whatever else needs doing.
If someone doesn't like the rules set forth by their HOA, they are free to join the board and try to elicit change.
Time to move on.
Never, under any circumstances, consume a laxative and sleeping pill, on the same night
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Does your HOA restrict colors house can be painted or what type of landscaping can be installed? Would a new house or an addition need an architectural review? I know both of these are reasons people don't like HOAs.
A lot of times the restrictions are written into the deed so joining the board won't help. Your no fences and no detached garages would be no go issues for many potential owners.If someone doesn't like the rules set forth by their HOA, they are free to join the board and try to elicit change.
Time to move on.
Most of the lots in my area are 2 acres or more. Many of the subdivisions have deed restrictions that basically mean the only thing you can build on those two acre lots is a house. You can't park an RV outside and you can't build an accessory structure so you couldn't build a garage to store an RV. The ability to build a garage big enough to store an RV is one of the main reasons I moved out where I live now.
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