Quote Originally Posted by salsero View Post
HOA's boards are not different than government. Please, all of them are not bad. Just like not all government employees are evil. You can put an X on all you want, if living in a HOA is not for you, then do not move into one. At least you have a KNOWING and UP FRONT choice. This is not the same as making a claim to property belonging to state of XX called a name.
Very wise advise. I worked as a professional engineer for 20 years rising to the level of owner and president of a successful company. We designed many a subdivision from as small as seven lots and as large as 2500 lots. Without exception many of the requirements for a H.O.A. are the decision of the developer but also many requirements come at the mandate of the municipality.

For instance if water quantity and water quality treatment and retention ponds are constructed, then someone will need to provide maintenance [admiralty term]. And this maintenance is not the responsibility of the citizenry in the city/town. Furthermore, if the developer proposes a private roadway, most times to save money, and this means the houses will cost less to the end buyer, then a H.O.A. must be established to provide maintenance so that the public might enjoy and use the roadway without risk to life or property.

Thusly H.O.A.'s are many times necessary to the "people farms" called residential subdivisions. So I like your advice salsero, if one does not wish to become subject to an H.O.A., then one should find a house in the County. There, of course, always exists the exception. For instance, the small 50 lot subdivision which has public roads, and has no need for any H.O.A. maintenance. In this condition most times H.O.A. exists solely for the landscaping at the monument entrance! Lights, if private, etc.

When I used to be a landlord, I remember a house once which was subject to some "Architectural Review Board" which was an arm of the H.O.A. Now you talk about a sham. When the neighbor erected a 7-ft butt-style fence, the tenant thought she was living in a prison. When the H.O.A. was called, they were completely impotent to force any change. One word of caution in regard to dues: If one fails to pay the H.O.A. dues, I have seen H.O.A.'s foreclose especially when there is large equity involved.

Even though the H.O.A. was 2nd in line and would need to cure the 1st mortgage, they still foreclosed because there was more than 100k equity up for grabs at the expense of a couple of thousand in H.O.A. past due fees. I have found in my life that no amount of words [statutes] can force any man [or woman] to do anything. Nevertheless, one would be wise to apply knowledge upon the honor of Wisdom and Understanding. Where it really gets sneaky though is when H.O.A. corporations buy houses due to delinquent property tax foreclosure. And I have seen that too.

Make it a great day!
MJ