quote:

Originally posted by nasig:
An HOA that is unwilling to enforce the rules everyone has accepted when they purchased the property is eventually unable to enforce the rules.

I've actually heard (not for sure) that if the HOA rules are not enforced, they become non-enforcable. Let one owner put up a banned fence, and not challenge it, and it becomes a de facto allowed fence. I'm sure the legal types will correct me on this.
 

that is pretty much what has happened here over the years

thats why dues are $2 a month and membership is optional

quote:

Originally posted by henryaz:

quote:

Originally posted by nasig:
An HOA that is unwilling to enforce the rules everyone has accepted when they purchased the property is eventually unable to enforce the rules.

I've actually heard (not for sure) that if the HOA rules are not enforced, they become non-enforcable. Let one owner put up a banned fence, and not challenge it, and it becomes a de facto allowed fence. I'm sure the legal types will correct me on this.
 

It is probably not just one violation ignored, but a pattern.

I was a Volunteer Counsel for the amateur radio group in San Diego, helping hams deal with antenna problems, both zoning and CC&R issues.

The ham would put up his antenna, not realizing he had to get HOA approval, or observe a height limit, etc., then have to deal with objections.

If antennas were banned, and the neighborhood had endured several outside antennas with no enforcement, we could successfully argue that the requirement was effectively waived. Not just one, but several at least.

The first thing to do is sit down and carefully read the entire CC&R to see what is really restricted. Then look around for loopholes!

Generally can live with the HOA. I'm also active in the city. One time the Mayor's newsletter had a blurb ablout the HOA wanting to give our big park to the city.
A well respected lady and I went to the next meeting. My first question was why the minutes didn't reflect the decision to do this? The reply was it was just asking about the possibility. I repeated the question asking who had the authority to give away property? Turns out one member thought this up and decided to ask on her own. The HOA board wasn't happy. They mentioned doing things "clandestine" from now on. I pointed out the HOA is legally required to be open and public. (Yes, I'm having fun) Then they decided to bad mouth the city staff that reported it. That got a lecture on why open government is important. Every so often the HOA needs to be taken too the woodshed.

I would not tolerate it. I could not tolerate it. The first time some self-important busy body set foot on my property or sent me some silly-ass letter, it would be war. The house belongs to me and to the bank, and some HOA asshole is neither.

Would not and could not tolerate it.

I have been on the Board of several HOA's and presently the President of my current development. Compliance comes down more to the management company than the HOA. The Board oversees the management company who should be handling the homeowner's complaints. Failing the homeowners' concerns should elicit a letter or phone call to the Board for action. A good Board is made up of people who want to see their development grow in value and address the concerns of the people within. Usually your CC&R's will dictate whether out of the home businesses are allowed and if so what requirements need to be met. We have very few problems and have homeowners who take extreme pride of ownership in maintaining their homes and yards. The common areas are maintained by a highly skilled landscaping company and the owners satisfaction surveys are always very positive. Association dues haven't changed in 8 years and we hardly have many homes for sale. When we do they sell very quickly.

Sorry, I happen to think that communism is a bad thing.

I avoided them like the plague itself. I already have to deal with the city and its’ rules so why would I want to pay extra for the privilege? Around here HOA dues can be hundreds of dollars per month. People at work, some of them pay $400 a month. F that.