Home owners associations - there must be some limit to what they can do

We’ve received no warnings yet. Not even any shaming. And for some reason our grass doesn’t grow that high. So it’s not like running in a meadow or something.

I live in a neighborhood in San Diego with both Mello Roos and HOA fees (although they are pretty minimal and just used for maintenance of the medians and ‘pocket parks’ at the end of all the streets.) The property values have remained high and it is generally one of the most desirable places to live in the city. I have lived in the community since 1999 and can think of only two questionable things that happened in all those years. One was when various people decided to improve their homes and painted accent pieces, like shudders and railings, different muted colors to make the neighborhood look nicer. Someone complained the colors were ‘not approved’ in accordance with the CC&Rs. Everyone had to get a signed permission for the ‘non-standard’ colors from everyone with a line of sight view of those trim pieces, which was pretty stupid since I never heard of anyone withholding their signature, making me wonder who originally complained. The only other issue was when a group of people who lived along a busier street hated the noise and wanted it cut down from two lanes in each direction to one as a ‘traffic calming’ measure, particularly when a kid was killed by a speeding car in a bit of a freak accident. They tried to sneak it by in a meeting, knowing no one goes to the homeowner’s meetings, but when the fees were going to go up substantially to build and maintain all these new medians, not to mention clog up traffic, you can bet a second meeting was held to throw out that proposal.

More often then not, I have been very impressed by the actions of the HOA, particularly as many of the residential kids have grown into asshole teenagers. When graffiti or fast food wrapper trash shows up, it is removed or picked up almost immediately. I really like that and hope the HOA stays as strict as it is. Otherwise, what’s to stop that one dumbass guy from moving into the neighborhood, parking his rotting boat in his driveway, and painting his house bright purple because, you know, he’s a rebel computer programmer who makes enough money to thumb his finger at “the man” and bring down everyone’s property values?

Probably local residential zoning ordinances, at least with regard to the boat.

If there is a time limit please let me know. I have had to pay $12,000. To date in fines, mediation and lawyer fees because the HOA is suing me for painting my home med gray, with white accents and black trim.

You would be better off asking your own attorney.

A time limit on what?

I asked that question last year in this thread. AFAIK, the “suburban anarchist” I mentioned still isn’t following the deed restrictions, and the HOA has a lien on his property. Apparently at this point everything goes into stasis, and nothing will happen until he tries to sell. I’m curious now if all those awards and attorney’s fees are subject to interest rates? If a law office doesn’t get paid for a decade, can they ask the judge to award 10 year’s interest on the money?

On edit: The HOA’s beef with the homeowner was a large RV parked on his lot. Deed restrictions forbid this. The RV is still there.

There’s one useful tool in Robert’s Rules of Order. Other than when a vote is in progress a move to adjourn is always in order, and cannot be debated or amended. It must be voted on. I love that rule.

The widespread growth of HOA’s is somewhat incongruous with a nation constantly screaming for smaller government and less regulation, it seems to me. Because dysfunctional Federal, state and municipal government wasn’t enough, I suppose?

The municipality I live in prohibits parking on lawns, ignoring yard maintenance, littering, creating eyesores or dangers. All via by laws which can, and are enforced. If other issues should arise new bylaws can be created, such as: cannot park your semi/plane in your drive, or, cannot pave over your front yard for more parking, both rather newer additions. This seems a much better way to me.

An HOA is not a government. It’s a private association, even though it exercises some quasi-governmental powers.

I never said it was a government, for one. And no matter how you feel, it IS more regulation. Curious in a nation screaming for less regulation, is my point. But you knew that, didn’t ya?

In what sense is an HOA not a government? I cannot find one speck or iota of difference.

Other than the fact that it’s not really anything like a government?

Well, no. Maybe it was some other **elbows **who posted this, then:

Would anyone knowingly sign away their government or state rights. I only thought I was moving into a neighborhood that would not be allowed to be unkept. But you find some very strange characters in an HOA. Would never do another.

Implying it’s like government is not the same as calling it government.

(Can’t believe you need this explained to you, what are you Not Really All That Bright, or something?:D)

But that’s the thing. The sort of Americans who rail about over-regulation are only concerned about regulation by government. We don’t really have “regulation” by the private sector, so nobody worries about it. Beyond that, it’s very easy to avoid being subject to an HOA: don’t live in that neighborhood. Avoiding a municipal ordinance is much harder; you have to move away from an entire city. Avoiding a state law you don’t like means moving to an whole different state (or maybe across the country, depending on how pervasive the law you dislike it).

You know how most people’s workplace has rules about what you can wear to work? Well, an HOA is sort of like that. I totally agree with the dislike for HOAs, but in the end, “screaming for less regulation” has about as much to do with HOA’s policies on shrubbery as it does with your job’s insistence that you don’t wear bikinis to work.

Plus of course an HOA has extremely limited powers - in fact, to do anything to a non-conforming member, they’ve got to go the real government and get them involved. It’s not like an HOA sheriff can arrest you and bring you to HOA court because your grass is too high and you’ve been ignoring their notices.

Having said that, if you gave me a house for free in an HOA neighborhood, I’d call a realtor and put it on the market immediately. I wouldn’t even look at it.

How did they do that? Not doubting you, but curious.

Regards,
Shodan

The developers can make buyers cede certain rights to the developer, which are then transferred to the HOA once a certain number of units are sold. However, any annexation would have to be based on the home’s inclusion in a general development plan (meaning it was basically always supposed to be part of the HOA).

An HOA can’t just round up a neighboring subdivision one day and say, “you’re part of us now.”