Discussion in 'Ham Radio Discussions' started by KN6SD, May 13, 2018.
I agree mostly agree with you. But, sometimes things just get a little ridiculous. An example is the length of grass issue. My father-in-law was cited by his HOA for having grass too tall. He was disabled and couldn't mow it himself. So, he contracted a weekly mowing service.
One week it rained on the scheduled mowing day and it took the guys that mowed it 2 days to catch up (they still had their regular customers the following day). The grass had been fertilized a week earlier, so with the rain, had grown a little more than usual.
Interestingly, he lived 2 houses away from the community swimming pool and common ground area. The grass in that area was consistently taller. When asked for guidance on how tall the grass could be he was referred to the CC&Rs by the management company. Of course, there was no such guidance. When challenged on that, they referred to the bylaws. Again, nothing in the bylaws. Once again confronted and he was told it was a Board of Directors mandate. When asked for that, nothing could be provided either.
I think that oftentimes people get into these disputes and then the protracted legal battles ensue. Of course, the attorneys love it. He eventually died and the house was sold without issue.
Read the stories. In many cases the HOA went after people for stuff the HOA had said was OK when they moved in.
I don't doubt that.
That said, the trick is to know what the HOA has the power to do when you move in. Just because they don't hate your kids' basketball goal when you move in, that doesn't mean they won't later. If the bylaws or enabling CC&R give them the power to change the rules, the buyer should know that up front. If you move into such a place, there's no legitimate excuse for complaints later. If they won't let you see the CC&R before you purchase the property (something that isn't lawful in our state), then you might as well assume they have full power to do anything at any time. If you still move into such a place, that's on you.
When you agree to sign away your rights, you've agreed to sign away your rights.
Did that once, would never do it again.
An overly zealous board can ignore written contractual documents. I am in the process of selling such a second home. They have usurped more and more power over residents by expanding restrictions in the bylaws.
One was requiring outside porch light to be turned off after 11 PM. There are no street lights and it presents quite a hazard if you are out late and can't see to get from the driveway the front door. Next, they required all trash cans to be removed from the road within 24 hours of collection. My property is not on a major road and one would have to go out of their way to pass by my property. These rules were implemented 15 years after I purchased the property.
Noncompliance with their rules results in a fine or fines that, if not paid, results in access cards being invalidated. The cards are used at access road gates (gated community) and require one to go to the security office for a token to open the gate each time the community is entered. Additionally, those cards open gates to 3 swimming pools, a clubhouse, a workout facility and other amenities. Eventually, a lien is filed on the property that must be paid before the property can be sold.
Of course, one could probably legally challenge much of the above. However, that gets expensive. The easiest thing to do is sell the property before it becomes more of a burden.
I don't doubt that either.
If the rule was imposted invalidly (e.g., an overzealous board exceeding the powers granted in the CC&R), it would be interesting to see how that works out in court.
If they prevent you from accessing your own property, without a legal contractual basis for doing so, then you might be able to do more than sue. That could easily be a criminal matter -- especially in a state like Texas.
Indeed. If they have to go to court to collect the fines, you could challenge it then. That might not help your bottom line, but it might save you some steps.
As with most things, if you have people who are willing to break or ignore the law in the first place, more laws won't help, and that includes @RP@. Bank robbery laws don't stop bank robbery. Similarly, private real estate contract laws don't stop people from exceeding or breaking their contracts. It's why we have courts, expensive though they might be.
I can certainly understand that.
How some don't see the senseless whining about HOA rules is ironic here. While criticizing HOA rules, these same people advocate for legislation which will serve only to add further constraints to installing antennas. Astonishing!
It certainly appears that they simply want to criticize. Guess that's easier than thinking.
Honestly, I think there are a lot of people who simply don't understand private contract law, nor do they understand how it works in their state, or even in their neighborhood. They sign where the closing agent says to sign. Then they see groups like ARRL say these generic nice-sounding things, and it's more information than they had, so they just believe it.
And I say this with no reflection on any specific forum participants.
I want to go on the record as officially not advocating passage of ARPA. I've been an advocate of controlled development of HOA communities. There needs to be some level of parity for new homes in desireable areas for people that don't want to live under HOA control.