# HOAs--yea or nay? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [August 31, 2020, 1:14pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440 "2020-08-31T13:14:24Z")\ **Posts on this page:** 20\ **Page:** 11
**Author:** ![filmore](https://avatars.discourse-cdn.com/v4/letter/f/7993a0/32.png) [@filmore](https://boards.straightdope.com/u/filmore)\ **Post date:** [September 3, 2020, 3:52pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/201 "2020-09-03T15:52:51Z")
> [@Ann\_Hedonia](#): > > And, with regards to the HOA requirements - you have to list any HOA fees on your loan application. So if you are getting financing you’ll be informed very early on in the process. You’re not going to be blindsided the week before you close. Do HOAs always have fees? If a neighborhood didn’t have common areas and amenities to maintain, it might not need to collect fees. An HOA might exist just to enforce covenants. ---
**Author:** ![Pantastic](https://avatars.discourse-cdn.com/v4/letter/p/3bc359/32.png) [@Pantastic](https://boards.straightdope.com/u/Pantastic)\ **Post date:** [September 3, 2020, 3:55pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/202 "2020-09-03T15:55:16Z")
> [@Ann\_Hedonia](#): > > I think it’s pretty universal that you get your deposit back if the contingencies aren’t met. The most prevalent contingency is the ability to obtain financing. > > So, let’s say you put your deposit in escrow then you get turned down for the loan. This is typically a very large deposit. Do you think anyone would ever put down a 25K+ deposit if they were at that kind of risk of losing it? It is most definitely not universal, and I’m not sure why you’re telling me that my experience didn’t actually happen. Note that (as I said) the deposit that I was talking about was NOT a very large deposit, but instead a few hundred dollars as opposed to thousands or more in earnest money. It also didn’t use an escrow account (just a check to the other person) while the earnest money did. I’m not coming up with a hypothetical, I’m discussing my actual experience buying a house and paying money in the early 2000s and mid-2010s in North Carolina. I’m sure that other markets are different, but that doesn’t mean that the checks I wrote and contracts I signed don’t exist. ---
**Author:** ![Ann\_Hedonia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ann_hedonia/32/319_2.png) [@Ann\_Hedonia](https://boards.straightdope.com/u/Ann_Hedonia)\ **Post date:** [September 3, 2020, 4:05pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/203 "2020-09-03T16:05:30Z")
Sorry, I was skimming and didn’t read your post carefully. I’m not going to doubt that you put up a couple of hundred in non-refundable earnest money to hold the house while you went into contract, although I’ve never heard of such a thing and I don’t think that happens much if you are using a realtor. I can see it in a private sale, though. But in real estate the word “deposit” has a very specific meaning, it’s the 20% or so of the purchase price that goes into an escrow account when the contract is signed. That’s what I was referring to. ---
**Author:** ![Mallard](https://avatars.discourse-cdn.com/v4/letter/m/b9bd4f/32.png) [@Mallard](https://boards.straightdope.com/u/Mallard)\ **Post date:** [September 3, 2020, 5:09pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/204 "2020-09-03T17:09:13Z")
Until I read this thread I didn’t even know there were mandatory Home Ownership Associations separate and apart from condominium living. How is that even enforced? ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [September 3, 2020, 5:12pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/205 "2020-09-03T17:12:33Z")
It is enforced in the same way as for condominiums. It’s in the contract you sign when you buy the house. ---
**Author:** ![Munch](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/munch/32/5281_2.png) [@Munch](https://boards.straightdope.com/u/Munch)\ **Post date:** [September 3, 2020, 5:13pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/206 "2020-09-03T17:13:02Z")
> [@Mallard](#): > > How is that even enforced? There have been several conversations in this thread going over how it’s enforced. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [September 3, 2020, 5:16pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/207 "2020-09-03T17:16:20Z")
> [@Mallard](#): > > Until I read this thread I didn’t even know there were mandatory Home Ownership Associations separate and apart from condominium living. > > How is that even enforced? HOAs are generally going to be gated communities. The roads and grounds are private and maintained by the community, not the municipal entity. ---
**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\ **Post date:** [September 3, 2020, 5:20pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/208 "2020-09-03T17:20:17Z")
Around here, they’re hardly ever gated communities. I can only think of 2 that have actual gates. Others may have signs out in front with the name of the community. Others have no obvious demarcation. ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [September 3, 2020, 5:33pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/209 "2020-09-03T17:33:53Z")
Ditto. Mine’s not gated. Our streets are state roads. That has the advantage that the HOA can’t tell us what kind of vehicles to park here. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [September 3, 2020, 5:34pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/210 "2020-09-03T17:34:43Z")
When I bought my house \* I had to a pay few hundred dollars when I signed the “binder” which was basically meant to take the house off the market for a few days until the formal contract was drawn up, reviewed by my lawyer and signed. It wasn’t held in escrow and I assume I would have lost it if I backed out before signing the contract. This was separate and apart from the down payment (“deposit”) - This was in NYC and there was a real estate agent involved. As well as three lawyers when we got to the closing. ---
**Author:** ![thorny\_locust](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thorny_locust/32/431_2.png) [@thorny\_locust](https://boards.straightdope.com/u/thorny_locust)\ **Post date:** [September 3, 2020, 7:39pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/211 "2020-09-03T19:39:23Z")
Even aside from fees: I wouldn’t want to waste my time viewing the place, investigating other things about the house and the area, deciding on a bid, and putting the bid in, if there was something about it that meant there was no way I was going to buy it. The realtor’s going to tell me how many bedrooms, how much land attached, where the house is: because if I must have at least four bedrooms with a half acre yard it’s a waste of everybody’s time showing me a two bedroom condo with no yard at all, and if I must be within half an hour of place of work x and on a busline, it’s a waste of everybody’s time showing me a place the next town over and an hour away from public transport. Around here, at least, if the town’s got zoning they have to tell me what zone it’s in. Why shouldn’t they have to tell me if there’s an HOA? ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [September 3, 2020, 7:41pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/212 "2020-09-03T19:41:04Z")
> [@thorny\_locust](#): > > Why shouldn’t they have to tell me if there’s an HOA? All you have to do is ask. ---
**Author:** ![thorny\_locust](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thorny_locust/32/431_2.png) [@thorny\_locust](https://boards.straightdope.com/u/thorny_locust)\ **Post date:** [September 3, 2020, 7:45pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/213 "2020-09-03T19:45:06Z")
I don’t think I should have to ask. There are areas where HOA’s are almost nonexistent, and people from such areas might not think to ask, and might indeed be blindsided. ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [September 3, 2020, 7:56pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/214 "2020-09-03T19:56:37Z")
> [@thorny\_locust](#): > > Why shouldn’t they have to tell me if there’s an HOA? They do have to tell you, it’s just that they’re not required to tell you at a time you would find most useful. ---
**Author:** ![Pantastic](https://avatars.discourse-cdn.com/v4/letter/p/3bc359/32.png) [@Pantastic](https://boards.straightdope.com/u/Pantastic)\ **Post date:** [September 3, 2020, 8:14pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/215 "2020-09-03T20:14:03Z")
> [@running\_coach](#): > > HOAs are generally going to be gated communities. The roads and grounds are private and maintained by the community, not the municipal entity. Here that’s definitely not the case, while it wouldn’t surprise me if gated communities have HOAs, there are a ton of non-gated communities that have them. Most newer, non-gated communities have them. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [September 3, 2020, 8:16pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/216 "2020-09-03T20:16:32Z")
> [@Pantastic](#): > > Here that’s definitely not the case, while it wouldn’t surprise me if gated communities have HOAs, there are a ton of non-gated communities that have them. Most newer, non-gated communities have them. - I guess gated was the wrong term. I was thinking of entirely private grounds. Are HOAs possible in a regular neighborhood on public roads? ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [September 3, 2020, 8:17pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/217 "2020-09-03T20:17:08Z")
> [@running\_coach](#): > > Are HOAs possible in a regular neighborhood on public roads? I live in one. ---
**Author:** ![Pantastic](https://avatars.discourse-cdn.com/v4/letter/p/3bc359/32.png) [@Pantastic](https://boards.straightdope.com/u/Pantastic)\ **Post date:** [September 3, 2020, 8:23pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/218 "2020-09-03T20:23:08Z")
> [@running\_coach](#): > > I guess gated was the wrong term. I was thinking of entirely private grounds. Are HOAs possible in a regular neighborhood on public roads? Yes. They are more limited in what they can do on roads, but it’s very common to see. If you google ‘HOA public road’ you’ll see a lot of articles about what HOAs are and aren’t allowed to do if streets are public vs private, so it’s common enough that it’s not treated as a weird exception. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [September 3, 2020, 8:25pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/219 "2020-09-03T20:25:10Z")
> [@Pantastic](#): > > Yes. They are more limited in what they can do on roads, but it’s very common to see. Thanks. It’s something I’ve never encountered. ---
**Author:** ![filmore](https://avatars.discourse-cdn.com/v4/letter/f/7993a0/32.png) [@filmore](https://boards.straightdope.com/u/filmore)\ **Post date:** [September 3, 2020, 8:33pm UTC](https://boards.straightdope.com/t/hoas-yea-or-nay/919440/220 "2020-09-03T20:33:56Z")
> [@Pantastic](#): > > Yes. They are more limited in what they can do on roads, but it’s very common to see. If you google ‘HOA public road’ you’ll see a lot of articles about what HOAs are and aren’t allowed to do if streets are public vs private, so it’s common enough that it’s not treated as a weird exception. Even if they are public roads, I believe the HOAs can have restrictions on what the _homeowner_ can do on the public road. The covenants are a separate contract between the homeowner and the HOA. So the homeowner may not be able to park their car (or boat or RV) on the street overnight, but some random person could because a random person isn’t bound by the covenants. [Previous page](https://boards.straightdope.com/t/hoas-yea-or-nay/919440.md?page=10) [Next page](https://boards.straightdope.com/t/hoas-yea-or-nay/919440.md?page=12)