I believe you might do well to consider that the information provided you might be worth more than you suspect. Also if you look at the relevant Declaration of Condominium it is likely that the unit itself was made distinct unto itself. The unit itself is not shared although the commons might be shared. I have lots of experience when it comes to real property law and that also extends to nuances particular to condominiums and apartments. The unit itself is a subdivision even if its suspended in the air and it can be privately held notwithstanding the shared nature of what is out side the door to the unit.
A selfish, megalomaniac who pens Nazi C&R and HOA terms is not likely out for "we" but himself or herself--in the case of a scamster cabal -> they would be out for themselves. How does such grotesque disregard for the rights and freedom of others amount to a community mindset? Isn't it "we" minded to realize that people have rights and freedoms that should be respected or is it more we-minded and community-minded by barring anyone from doing anything at their homes but breathing, eating, cutting the grass and sleeping? A restriction on leaving an engine sitting in the driveway is far from obnoxious to include in an HOA agreement--but most people I've come across even in the most ghetto neighborhoods do things (i.e. repairs) like that in their garage or in their backyard OUT OF SIGHT.
There are no doubt good HOAs. However, there are occasions where there are 20 acres of trees surrounding houses in an HOA. They cannot see each other. But yet rules for how many cars you can have, clauses that amount to total waiver of privacy, that you cant paint or modify your house without approval from a board that is not even democratically elected, that you cant grow food (we're talking about country acreage). Honestly , why doesn't the Bob just live by himself? Because Bob wants money and power and lots of control with little to zero liability and somehow he is "we" minded?
I have spent many rather charitable years dealing with the "we(e) minded" sorts who's idea of "we mindedness" is "we use your stuff, you take care of it if I break it" or "we share debts but my money is my own".
When the main service an HOA provides is a gate and you have 100 people paying $2,000 a year to maintain a gate.... Well that is just silly but it is typical in HOA land. "We have a shared gate so voila presto chango we have wut u call an HOA (i.e. excuse for a bazillion obnoxious restrictions and powertrips)".
Translation: Bob doesn't get along well with others, he has 200 acres of land and wants a fast way to make a few million dollars, he likes exerting power over others obnoxiously, he could build houses then rent them but that isn't a way to the Big Dollars, he doesn't really want to lose control over the land, Bob wants millions (from scam sales) + rent on top so subdivides off 100 acres and forms an HOA, by surface appearance he 'sells' the land, by syntax he denies the purchasers most all traditional property under the guise of "what is for the whole".
I also have real estate development experience. Running numbers on one project, I realized we could build a high-rise condo and pocket tens of thousands if not hundreds of thousands from the HOA fees alone and still hire a manager, a security guard and cleaning company and have plenty left over. Sell the units, maintain control over the commons--like bridge trolls.
Keep in mind, Bob if he despises others could he simply stay on his 200 acres by himself. The HOA and obnoxious terms allow him to have his cake and eat it too. See also:
bilk.
Originally Posted by allodial
I believe you might do well to consider that the information provided you might be worth more than you suspect. Also if you look at the relevant Declaration of Condominium it is likely that the unit itself was made distinct unto itself. The unit itself is not shared although the commons might be shared. I have lots of experience when it comes to real property law and that also extends to nuances particular to condominiums and apartments. The unit itself is a subdivision even if its suspended in the air and it can be privately held notwithstanding the shared nature of what is out side the door to the unit.
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