HOA's and Irreversible Changes

18,202 Views | 65 Replies | Last: 4 yr ago by CapeAggie89
double aught
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Quote:

You must be the trashy neighbor.

Could be. Time for some introspection.
V8Aggie
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Haha glad you caught the winky face. Now go move that POS car out of your yard!
nai06
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V8Aggie said:

While they can be a pain in the ass, HOAs are absolutely necessary if you want your neighborhood to stay nice. Only take 1 trashy neighbor to ruin the curb appeal for your home and you have zero recourse without an HOA.

And no. If someone is that trashy, simply talking to them won't do a damn thing.


Home prices probably have more to do with this than anything else. There are plenty of nice neighborhoods that don't have HOAs.
V8Aggie
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I disagree. Average houses on my street are 650k - 850k.

I've seen someone place big lots ****ty LED lights all over their brick exterior on a brand new home. Thank God the HOA saw it.

Money does not by taste.

I'm not saying HOAs are the end all be all. Just that they have their usefulness.
Longbowranch
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We lived in a HOA neighborhood once...never again though! HOAs are magnets for control freaks, government employees, socialists, and low IQ democrat voters.
bobbunker
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Ol_Ag_02 said:



HOAs are evil. They're an assault on private property rights. You can never really own your home in Texas. Property taxes and corrupt HOAs will see to it.
Move to the country. At least no HOAs.
agracer
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Ol_Ag_02 said:

agcivengineer said:

Ol_Ag_02 said:

agcivengineer said:

Its pretty stupid to do something like this, especially without getting ARC approval. Your making a very public statement that you dont care and daring the HOA board to act. Not a smart battle to pick. If you do it blatantly like that, i wont care how hard it is to fix, we are going down the path.




This attitude right here is why people hate HOAs and HOA boards.

Dare to go against us and our kingdom, then prepare to be crushed, pleb.

HOAs are evil. They're an assault on private property rights. You can never really own your home in Texas. Property taxes and corrupt HOAs will see to it.




Not sure i follow. If you dont like an HOA, thats cool, dont move into a neighborhood with one. Its not hard to follow the rules which you agreed to when buying your home. Its also not hard to engage with your board members and discuss the issue either through the ARC process or informally. But if your going to give us the middle finger and ignore it as if the rules dont apply to you, then yes get ready to discuss the issue with the attorney. This isnt hard, unless of course you make it that way. I serve on our board for the purpose of ensuring a rational, reasonable board. Resident know ill talk to them just about anytime, ill visit their home and discuss it with them.


And when they change the rules after you move in? You just get to take it. I mean hey, HOA members are really just benevolent do gooders. Reality is they know what's best for your house anyways so you should just do as they say.

It's a simple choose. Do as they say, or get ****ed by their attorney.

I've engaged plenty with the *******s running our HOA and ARC. But at the end of the day, they don't give a **** and will bend the rules for themselves and their friends.

Want a basketball goal, sorry get bent. Oh that one over there at the board members house. It's grandfathered. Want to hang a handmade swing in the front yard for your kids during Covid. Tough ***** It's front yard furniture and not allowed. Oh that front yard bistro table over there. Don't worry about it, it's where the ARC committee pill poppers sit while watching their kids play.

HOAs are evil. People that support them are busy bodies.


. They can't arbitrarily "change the rules" with out consent of the owners in the HOA. Go to the annual meeting, or even a board meeting (you can usually attend but may be asked to leave when topics like violations and fines come up for privacy reasons).

Even better, read the HOA documents before you move in. Hard I know...
imjustsayin
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We had an HOA homeowner standoff where the homeowner, who recently moved to the metroplex, built a high-end sport court in their large backyard. They had in a space that was far enough from the fence line and built it during covid when their kids needed outside time. Pictures were really nice.

They later found out that it was supposed to be approved by HOA (jumped first then checked later) and tried to do the right thing by asking the HOA what to do to make it right. The HOA's response was "you have 21 days to entirely remove the sport court or we'll fine you $150 for every day that it's not removed."

This homeowner started a online petition thing (something I usually hate) and got a huge following through social media and what-not. I actually signed it too because I think a reasonable fine and reasonable adjustments should be on the table to "make it right" outside of completely rip it out when the investment improves property value.

It should also be noted that the homeowner verified their were 6 other installations of similar size and quality sportcourts in the HOA that got a variance submitted.

The HOA eventually caved and gave the variance after the online petition got south attention.

The problem is the only people that have the time to sit on these HOA boards are retired folks who refuse or hate change or all the sudden have power trips.
Aggie71013
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That's an unreasonable board. We approve requests regularly after install if they meet our requirements. We only have people tear out of it doesn't meet ARC guidelines.
JDCAG (NOT Colin)
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I'm sure there are good HOAs. I'm sure there are bad neighborhoods because they have no HOAs.

I think the problem is, as illustrated in some of the posts on this very thread, IMO, that a large number of the things the HOA takes issue with are 5% the actual item needing to be addressed and 95% that somebody had the audacity to do something without first kissing the ring.

V8Aggie
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Yeah. The other thing to realize is nobody praises the HOAs when they do get a variance or approval without much effort. You only see the people *****ing.
JDCAG (NOT Colin)
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Fair point.
agcivengineer
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Yea that isnt how we roll either. I tell homeowners they can pretty much do what they want in their own backyard as long as their neighbors dont have a problem with it.

Prior to the developer leaving the community, i worked with him to change a # of our deed restrictions to make them more family friendly, such as taller play structures, storage sheds etc.

We also try and work with residents to find a mutually beneficial end result. I have an issue right now where we dont approve what the resident did,because it does reduxe property value, but we are going to give them an alternate solution that still accomplishes the same goal but in a better appearance.

Im a busy guy. I have 4 kids, all involved in multiple extra curricular activities, i travel for work, plus im a triathlete. What i dont believe in though is complaining, and not getting involved. I always challenge people to get out and volunteer.
double aught
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Quote:

plus im a triathlete
agcivengineer
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EMY92
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My sister lives in an area with 2 separate HOAs that both cover her place. They wanted to install a small fence around the yard.

They submitted to both HOAs. One HOA approved quickly, the other did nothing. If the HOA doesn't respond in a certain amount of time, you are allowed to proceed. My sister waited a month past the date the HOA had to respond and then had the fence installed.

Two of the HOA board members approached the contractor screaming at them. My sister goes outside to see what was happening, so the board members start screaming at her. One of the board members hit my sister. That black studies prof at tu is now awaiting trial for assault charges.

My sister successfully lead the charge to get all of the board members replaced.
bco2003
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EMY92 said:

My sister lives in an area with 2 separate HOAs that both cover her place. They wanted to install a small fence around the yard.
Do you know how she manages to live in an area with two HOAs? I've never heard of that before.
EMY92
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There is an HOA for the Mueller area in Austin, then there are HOAs for specific developments in Mueller.
Sea Speed
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I love this story
Ol_Ag_02
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HuD complaint filed by other homeowners. HOA been contacted for a response. Burn it all down.
Old Army Ghost
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our hoa though sued a homeowner for installing a vinyl fence. was against rules but they submitted the package to the review committee that didnt respond in the required two weeks so he built. hoa sued and took it to court and lost. hoa was in the wrong, knew they were wrong, and still sued. thats my annual dues being wasted on a frivolous lawsuit against my neighbor

no thanks would never want to serve on a board that treats neighbors like that
Old Army has gone to hell.
tgivaughn
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Once upon a time, River Run HOA had a run-in with a homeowner refusing to conform to Masonry % required in Deed Restrictions & he wasn't off by much, as the story goes.
HOA got lawyered up with end result being Owner had to pay for more masonry installed + lawyer fees.
That said, HOA also had to pay hefty lawyer fees ... as the story goes, had to do monthly payments for lack of full funding.

Regardless of the actual story details, consequences were real.

Bentwood DRs OK'd Hardie as "masonry", as some other subdivs do to this day but these days restrict Hardie to a % max.
Builder house mostly Haride near subdiv entry = developer upset, lawyered up but DRs had no max. % Hardie!!
What to do?
Solution was to high-fence views of house to entryway used by potential lot buyers.
Who paid for fence? IDK and perhaps tangent to your thoughts.


Please post any drama that evolves and solutions thereafter?
Short-hand answers here ... long-hand help here ....
http://pages.suddenlink.net/tgivaughn/
agdaddy04
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But you being on board may prevent homeowners from being treated that way.
Old Army Ghost
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agdaddy04 said:

But you being on board may prevent homeowners from being treated that way.
i have no desire to associate with board members who treat neighbors this way. I aint ruining my good name by being a board member. hoa board members have earned their reputation. they can keep it
Old Army has gone to hell.
Aggietaco
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Old Army Ghost said:

agdaddy04 said:

But you being on board may prevent homeowners from being treated that way.
i have no desire to associate with board members who treat neighbors this way. I aint ruining my good name by being a board member. hoa board members have earned their reputation. they can keep it
Replace them all with people that don't suck. Problem solved.
hurricanejake02
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One very real problem with HOA and the actual deed restriction documents is how out of date they are. My neighborhood was built in '94-'95, and the only amendment to the document was when the HOA took over from the developer. According to the deed restrictions, satellite dishes aren't allowed in the neighborhood.

When I questioned it - I got the response, "well, we can't legally enforce that." Okay, so update your document to current standards and requirements. "We can't. Requires 2/3 of homeowners and we can't get that many people to show up to vote on something." I'll give them this, it did take them 3 months to get homeowner approval on a new easement in an existing pipeline right-of-way, but they went about it all wrong, and refused to tell homeowner's how the money from the pipeline company was going to be spent.

I asked them to propose an amendment to allow the board to REMOVE restrictions with a lower threshold, and that I'd help champion it. No dice, not interested.

Oh - and no homeowners allowed even at the yearly meeting this year, (much less the quarterly meetings) COVID and all.
bco2003
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hurricanejake02 said:

Oh - and no homeowners allowed even at the yearly meeting this year, (much less the quarterly meetings) COVID and all.
Restricting who can attend in person, but surely they're offering a virtual option?
hurricanejake02
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bco2003 said:

hurricanejake02 said:

Oh - and no homeowners allowed even at the yearly meeting this year, (much less the quarterly meetings) COVID and all.
Restricting who can attend in person, but surely they're offering a virtual option?
Yeah, you'd think so, wouldn't you?
BQ92
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agracer said:



. They can't arbitrarily "change the rules" with out consent of the owners in the HOA. Go to the annual meeting, or even a board meeting (you can usually attend but may be asked to leave when topics like violations and fines come up for privacy reasons).

Even better, read the HOA documents before you move in. Hard I know...

Wrong! Avery Ranch changed the rules related to use of common areas unless you agree to new waiver! Removed protections for homeowners amd added protections for the hoa and their contractors. You only had to sign if you wanted to use the common areas again. All keyfobs turned off until you sign the agreement
BQ92
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91AggieLawyer said:

I think its time for legislation as to what HOAs can and can't dictate. I don't like painting brick. In fact, I hate it. But in some cases, for example, a fire, it is absolutely necessary. If the HOA agreement doesn't include any exceptions for things like this, what is a homeowner who can't find a matching brick product supposed to do in a rebuild?

Even absent necessity, I'm not in favor of overly restrictive property rights, even in cases where the homeowner was on notice of the existence of an HOA. One never knows how things will be enforced/interpreted nor how the HOA agreement may change over time.

At the very least, mediation/arbitration should be available (paid for by HOA) in situations like this where the homeowner can demonstrate a reasonable property right is being restricted, whether contract notice has been given or not. Its one thing to want yards mowed and fences to be generally maintained; its another to keep a property owner from doing what he or she wants to do with their property.

They bought it knowing the HOA was there? What about in cases of inheritances? Other gifts? If the HOA proponent is going to make the argument that "if we allow x, then we'll have to allow y," in terms of what is specifically in the agreement, how exactly do they respond to owners of property who never agreed to the HOA provisions in the first place? I know "heirs" are usually included in these deed restrictions but it isn't the same thing as one agreeing to being bound by the an agreement in the first place.

We're coming up on a period of a lot of transfer of property. This is going to become a big issue if it isn't already.

It was crooked legislation that caused much of this mess to begin with. Former State Senator John Corona wrote much of the legislation that gave more power to HOAs as well as requiring them to have significant overhead. Overhead that makes it almost mandatory to have a management company to comply. BTW he is also CEO of Associa. No conflict of interest there!
TXAGFAN
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Or personal responsibility of knowing where you buy is still a thing maybe?
CapeAggie89
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hurricanejake02 said:

One very real problem with HOA and the actual deed restriction documents is how out of date they are. My neighborhood was built in '94-'95, and the only amendment to the document was when the HOA took over from the developer. According to the deed restrictions, satellite dishes aren't allowed in the neighborhood.

When I questioned it - I got the response, "well, we can't legally enforce that." Okay, so update your document to current standards and requirements. "We can't. Requires 2/3 of homeowners and we can't get that many people to show up to vote on something." I'll give them this, it did take them 3 months to get homeowner approval on a new easement in an existing pipeline right-of-way, but they went about it all wrong, and refused to tell homeowner's how the money from the pipeline company was going to be spent.

I asked them to propose an amendment to allow the board to REMOVE restrictions with a lower threshold, and that I'd help champion it. No dice, not interested.

Oh - and no homeowners allowed even at the yearly meeting this year, (much less the quarterly meetings) COVID and all.

Former board member here, agree that documents being out of date are an issue but state law supersedes any documents no matter how out of date they are.

That is pretty lame of the board to not take free help. We always encouraged volunteers and if someone wanted to champion a cause and get the homeowners involved and get the something changed, go for it.

We dealt with a pipeline right of way issue and made sure we were transparent about the process and had several town halls, some virtual, but made sure everyone who was interested could learn. The money was set aside and earmarked specifically to make improvements to the land after the disruption of the pipeline. The pipeline company is supposed to return it to the previous condition but we knew that would only be partially successful.

One thing that we changed was having online voting for issues. We got a much larger turnout of the homeowners and had it monitored by legal to make sure everything was above board. That is a way to get more people involved.

Our Monthly board meetings had been via zoom for a long time (voice only) and for the annual meeting (last October) , we set up video so everyone who wanted to attend could.

Good luck
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