Dang HOA...
- Thread starter Southeast Overland
- Start date
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Nothing quite like having neighbors tell you what to do. 
You are going about this in the right way. READ what you are voting for
and I'd suggest attending the meetings. Take a tape recorder with you
if you want to be sure about what happens.
Obtain your SD's current by-laws and restrictions and read those things
beforehand.
You are going about this in the right way. READ what you are voting for
and I'd suggest attending the meetings. Take a tape recorder with you
if you want to be sure about what happens.
Obtain your SD's current by-laws and restrictions and read those things
beforehand.
Southeast Overland
Get lost! Go explore!
- Thread starter
- #3
Nothing quite like having neighbors tell you what to do.
You are going about this in the right way. READ what you are voting for
and I'd suggest attending the meetings. Take a tape recorder with you
if you want to be sure about what happens.
Obtain your SD's current by-laws and restrictions and read those things
beforehand.
Thanks Gundy!
I have a copy of the current covenants and they are VERY basic. The only thing that applies to me is all vehicles must be licensed, the Pig is not, so it currently sits in a closed garage.
I do not recall any mention of their funky voting methods. That is what has me bent out of shape.
Typically the people who join / run HOA committees are folks with no lives and nothing better to do than hassle residents because they like to believe they wield power and have an axe to grind to make up for some other shortcoming in life...
Your days cruiser hoarding, at least at your current address, may be limited.
Good luck standing your ground!
Your days cruiser hoarding, at least at your current address, may be limited.
Good luck standing your ground!
Southeast Overland
Get lost! Go explore!
- Thread starter
- #5
This means I need to get my 2F rebuilt, back in the Piggie, and put a plate back on the Pig - that way they can't say anything! Just a little incentive to get back to work...
The funky voting doesn't sound right. I don't recall that method in Robert's Rules.
I think you can download those rules on-line. Blow their minds by citing them at the meeting.
See if they approve the last meeting's minutes before they begin the new one. That usually gets
these HOAs bent out of shape. Hehe...What minutes???? WTF are you talking about?
If nothing else attending and being a knowlegeable HO will keep them playing by the rules.
Good luck with that at least the rulses are changing majorly. I have enough issues with the town rules here in Due West, especially when they dont treat everyone in town equally.
Southeast Overland
Get lost! Go explore!
- Thread starter
- #8
Check the thread in Chat for an update. Looks like a unanimous vote is required to change the covenants before 2019 (30 years from original covenants being filed). So - it just takes one vote to hold up new covenants if the HOA abides by the current covenants.
If the HOA violates the current covenants by passing new covenants with even one dissenting vote I will obtain counsel and take appropriate measures. The current covenants appear to be totally on my side with this matter.
If the HOA violates the current covenants by passing new covenants with even one dissenting vote I will obtain counsel and take appropriate measures. The current covenants appear to be totally on my side with this matter.
You don't have it so bad...
If your yard gets too long, our HOA will send a warning, and then hire someone to mow it if the letter doesn't take care of it... and then puts a lien on the house for the fees. That's not just the covenants, that actually happens.
No parking in the road. All cars parked in the driveway have to "move" once a week.
Approval is required to cut a tree down over 6" wide 1' above the ground.
They check to make sure you have enough pine straw in the yard to cover "unsightly" areas.
God forbid you try to paint your house a different color...
Thank your lucky stars... Alpharetta is full of yard nazi's. My neighborhood is actually one of the more lenient around here.
On the other hand, convenents are good in the hands of the right people... you don't want property values to get affected by someone who's storing a couch on the front yard (unless it's to practice wheeling over of course) but the problem is there are rarely the right people in charge of an HOA... sniveling dolts usually.
If your yard gets too long, our HOA will send a warning, and then hire someone to mow it if the letter doesn't take care of it... and then puts a lien on the house for the fees. That's not just the covenants, that actually happens.
No parking in the road. All cars parked in the driveway have to "move" once a week.
Approval is required to cut a tree down over 6" wide 1' above the ground.
They check to make sure you have enough pine straw in the yard to cover "unsightly" areas.
God forbid you try to paint your house a different color...
Thank your lucky stars... Alpharetta is full of yard nazi's. My neighborhood is actually one of the more lenient around here.
On the other hand, convenents are good in the hands of the right people... you don't want property values to get affected by someone who's storing a couch on the front yard (unless it's to practice wheeling over of course) but the problem is there are rarely the right people in charge of an HOA... sniveling dolts usually.
Hell, I moved to my town so I wouldn't have an HOA. With 12 dogs, there really aren't many places that will allow me to live there.
However, now I come to find out that my city coucil members are a bunch of doogooder yes men that pass an ordinance if anyone complains about their neighbor. We can't park more than 4 cars in the driveway, they all have to have tags, we have no "outdoor storage" (which incidentally means in my carport, because I got a warning not long ago for tires stacked up in there), we can't park on the grass EVER (even if you are having a party), garbage cans in and out with 12 hours of pick up, sticks TIED in bundles or yard waste in bags (even leaves) or you get cited.
I am thinking of running for city council in a few year. That should be fun. If elected, I better make use of my time in office well, cause I'll betcha I don't get reelected.
However, now I come to find out that my city coucil members are a bunch of doogooder yes men that pass an ordinance if anyone complains about their neighbor. We can't park more than 4 cars in the driveway, they all have to have tags, we have no "outdoor storage" (which incidentally means in my carport, because I got a warning not long ago for tires stacked up in there), we can't park on the grass EVER (even if you are having a party), garbage cans in and out with 12 hours of pick up, sticks TIED in bundles or yard waste in bags (even leaves) or you get cited.
I am thinking of running for city council in a few year. That should be fun. If elected, I better make use of my time in office well, cause I'll betcha I don't get reelected.
Southeast Overland
Get lost! Go explore!
- Thread starter
- #11
Little update:
HOA meeting was last night. Most of my neighbors are tards and don't think they have to follow the rule of law...literally. Everyone was jumping to conclusions and misquoting the covenants.
I put a decent update on the Chat thread - see link in my first post.
I gave a little (very little) but gained a good bit of ground. Only one thing made it through that I didn't like and I believe I can take care of that.
When I showed up the group wanted to hang me. When I left I was on the Board with a neighbor who has very similar views to me. Let the fun begin.
Oh, and no one believed me when I told them I had retained counsel, had solid legal standing, and would sue if they moved forward with most of what they planned to do. Everyone literally just looked at me...so I repeated myself...and someone finally said "but why would you do that???"
HOA meeting was last night. Most of my neighbors are tards and don't think they have to follow the rule of law...literally. Everyone was jumping to conclusions and misquoting the covenants.
I put a decent update on the Chat thread - see link in my first post.
I gave a little (very little) but gained a good bit of ground. Only one thing made it through that I didn't like and I believe I can take care of that.
When I showed up the group wanted to hang me. When I left I was on the Board with a neighbor who has very similar views to me. Let the fun begin.
Oh, and no one believed me when I told them I had retained counsel, had solid legal standing, and would sue if they moved forward with most of what they planned to do. Everyone literally just looked at me...so I repeated myself...and someone finally said "but why would you do that???"
Steve - -
We had a similar problem with our HOA. The developer properly filed covenants when he started the development (which run with the land in NC, unless changed and filed by ALL the homeowners). However, he failed to set up and incorporate the HOA before selling the first lot, a big no-no in NC.
So, I was tasked with finding a lawyer and incorporating the HOA. The lawyer suggested that a meeting be called and that the homeowners cast votes as to the incorporation, and that all such be recorded in the minutes. He wanted a supermajority to overcome the developer's failure to incorporate an HOA.
Long story short, we were able to incorporate and pay the lawyer for under 1k. We still have problems with people paying our very modest dues, $150 a year.
People need to understand that the By-Laws and covenants are very different things, with very different purposes. Where HOAs get into trouble is when they attempt to impose regulations that are not contained in the covenants or a reasonable reading of the covenants.
As you get more involved, I would suggest that you find a book on HOAs and perhaps get the covenants and bylaws of a FUNCTIONING HOA. I did that here by simply by Googling a well planned (and expensive) subdivision, Biltmore Park.
Good luck . . . it may be simpler to just move and get your own compound like David or Alan.
It's nice to be able to pee on any tree you please. Perhaps David can point you in the direction of a good "dirt" lawyer.
We had a similar problem with our HOA. The developer properly filed covenants when he started the development (which run with the land in NC, unless changed and filed by ALL the homeowners). However, he failed to set up and incorporate the HOA before selling the first lot, a big no-no in NC.
So, I was tasked with finding a lawyer and incorporating the HOA. The lawyer suggested that a meeting be called and that the homeowners cast votes as to the incorporation, and that all such be recorded in the minutes. He wanted a supermajority to overcome the developer's failure to incorporate an HOA.
Long story short, we were able to incorporate and pay the lawyer for under 1k. We still have problems with people paying our very modest dues, $150 a year.
People need to understand that the By-Laws and covenants are very different things, with very different purposes. Where HOAs get into trouble is when they attempt to impose regulations that are not contained in the covenants or a reasonable reading of the covenants.
As you get more involved, I would suggest that you find a book on HOAs and perhaps get the covenants and bylaws of a FUNCTIONING HOA. I did that here by simply by Googling a well planned (and expensive) subdivision, Biltmore Park.
Good luck . . . it may be simpler to just move and get your own compound like David or Alan.
It's nice to be able to pee on any tree you please. Perhaps David can point you in the direction of a good "dirt" lawyer.
I think HOA's is a bunch of bull crap....I've worked hard to make my money and to own my house and I'll be damned if I'm gonna let someone else tell me how to live in my house. If I were in Steen's situation I think I'd of shot someone by now. Do they actually us a ruler Steen and what do they consider tall grass...lol. And I know where K9 is comin from...I have a carport and it is no where near pretty with the hoard of tools and LC parts....I don't think they should have the right to tell you to clean up your carport when that is all you have. I'd tell them if you don't like it then buy me a shed or pay someone to come close it in. I'm mean we live in a democratic society not in a communist country and when someone puts a lean on your house for having to mow your lawn that's not being a good neighbor, that's being a dictator. Especially with the prices of gas going up one way to cut back is to mow your lawn every other week....so what are they going to penalize you for trying to save a little money. Freaking rediculous.....Sorry for they rant but HOA's just get my goat I'm glad I live in a neighborhood that was built in the 50's. Steve if ya need me to come park another LC is your yard to piss off your HOA just let me know!
Southeast Overland
Get lost! Go explore!
- Thread starter
- #14
Yeah - bring your 40! 
Well, being that I'm now on the HOA Board "thare gonna be sum chenges Bo!" I agree with "reasonable regulation" but "reasonable" in my mind is MUCH different than what is in other's.
We are drafting new covenants. They are going to be VERY VERY VERY narrowly tailored so there is little to no interpretation to be done. I want to make sure no one can run away on a power trip and make my life hell just b/c they had a bad day or b/c they have nothing better to do.
I understand wanting to keep yards mowed to the point where you don't have a prairie. Right now the drafted covenants state grass must be less than 6 inches tall. I'm going to change this to read "average grass height has to be less than 6 inches b/c you could go on vacation for a week or two and come home to a fine in your mailbox because a few patches of highway grass shot up after a shower.
The funny thing is right now we have covenants from ~ 1989 but since the legal entity responsible for enforcing them (builder) is defunct no one can enforce anything! - not even paying dues!
Oh, and the current HOA Board is sending out notices for non-compliance to homeowners based off of the 2003 covenants the HOA voted on. These covenants are not legal since the HOA does not exist in the state's eyes (not incorporated, not a legal entity, etc). This is a great way to really piss people off. The current HOA Board can't understand why people get mad when they are sent notices for not complying with covenants that are not legal and the home owners have NEVER seen!
I love to stir the pot.
That last rant from CruisinTiger made me think of Bluto in Animal House:
D-Day: War's over, man. Wormer dropped the big one.
Bluto: Over? Did you say "over"? Nothing is over until we decide it is! Was it over when the Germans bombed Pearl Harbor? Hell no!
Otter: Germans?
Boon: Forget it, he's rolling.
Bluto: And it ain't over now. 'Cause when the goin' gets tough...
[thinks hard]
Bluto: the tough get goin'! Who's with me? Let's go!
D-Day: War's over, man. Wormer dropped the big one.
Bluto: Over? Did you say "over"? Nothing is over until we decide it is! Was it over when the Germans bombed Pearl Harbor? Hell no!
Otter: Germans?
Boon: Forget it, he's rolling.
Bluto: And it ain't over now. 'Cause when the goin' gets tough...
[thinks hard]
Bluto: the tough get goin'! Who's with me? Let's go!
Here is the point I think you might be missing Chuck. Covenants and HOA's are set up because there are people out there who want their neighborhood looking a certain way. They don't want to have to deal with other peoples mess or clutter or disregard for the neglect they may have.
A good HOA will maintain the covenants and really help property values. A trashy house will not sell for as much money as the same house that has been maintained.
Also there are some people who are not neat and want the structure to help keep them in line. That is why Becca and I moved to where we are. As much as I hate it now the HOA has been good for us. Can you imagine what our house would look like if we didn't have any rules?
A lot of people when buying a home don't actually read the covenants and then are surprised that even though they own the house they cannot do something they want. Covenants by law are required to be disclosed and in the paperwork you sign when closing. But by then you most likely are not going to want to lose your earnest money. You need to ask for and HOA covenants prior to putting an offer on a house.
I've gotten many letter from the HOA. Most are for the boat being in the driveway. I just throw them away cause I know the boat is only at the house for a week at a time. I did get upset when they sent me a letter about my grass being to long. I'm not mowing the grass the first month it starts growing. If they want to get into a pissing match I'll spray in big letters with Round Up in my front yard HOA SUCKS.
I've served on the board of my HOA as a member at large and as the Architecture committee Chairman. As long as you have cool people on the board which the entire neighborhood elects you will be just fine. In the 2 years I was on it I only told one person no.
A good HOA will maintain the covenants and really help property values. A trashy house will not sell for as much money as the same house that has been maintained.
Also there are some people who are not neat and want the structure to help keep them in line. That is why Becca and I moved to where we are. As much as I hate it now the HOA has been good for us. Can you imagine what our house would look like if we didn't have any rules?
A lot of people when buying a home don't actually read the covenants and then are surprised that even though they own the house they cannot do something they want. Covenants by law are required to be disclosed and in the paperwork you sign when closing. But by then you most likely are not going to want to lose your earnest money. You need to ask for and HOA covenants prior to putting an offer on a house.
I've gotten many letter from the HOA. Most are for the boat being in the driveway. I just throw them away cause I know the boat is only at the house for a week at a time. I did get upset when they sent me a letter about my grass being to long. I'm not mowing the grass the first month it starts growing. If they want to get into a pissing match I'll spray in big letters with Round Up in my front yard HOA SUCKS.
I've served on the board of my HOA as a member at large and as the Architecture committee Chairman. As long as you have cool people on the board which the entire neighborhood elects you will be just fine. In the 2 years I was on it I only told one person no.
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Southeast Overland
Get lost! Go explore!
- Thread starter
- #17
I agree on some things, but wait until you move somehwere that has more rules. I cant have a car without a tag in my yard and I dont live in a subdivision. My town has ordinances, etc. If you truly feel that way I suggest you move out to the country and do what you want. You cant in most cities or towns, and especially in sub divisions. That is why when we even consider moving if we see the house is in a SD we dont even bother b/c of crazy rules. I understand the reasonings, and I dont really want a trailer park poping up next to my house, but I definately liek my freedom, etc. Gotta find a balance somehwere. (To be honest if we lived in the country I woudl prob have 10 cars in the yard instead of 4 (Own 5 and the extra one has to be in a friends field.)
I always say it's best to buy your own zoning.
Just picture the uproar my cabin would bring in a SD.
Not to mention the outhouse.
Just picture the uproar my cabin would bring in a SD.
Not to mention the outhouse.
with the move to fort Mill, We've been looking at all sorts of houses. Some in the country. some in the city limits. We looked at one house that had about 6' of driveway leading to a small two-car garage and the hoa says you can't park on the street. Dues in that neighborhood are $860 a year.
Another sub. had dues that were a little cheaper...$720/year. I can't hang plants on my front porch w/o permission. I can't change my oil in the driveway (and we all know what a mess an F engine can make), etc.
So...we're gonna build.
Another sub. had dues that were a little cheaper...$720/year. I can't hang plants on my front porch w/o permission. I can't change my oil in the driveway (and we all know what a mess an F engine can make), etc.
So...we're gonna build.