taxgun
SF. Bay Area
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Joined: 06/25/2002
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Typically, the information out "there" is false or misleading.
The builder puts out the CC & R's when there is common area, tennis courts
and other like acreage.
The association only enforces the rules as stated legally by the builder.
The association has to act in a fiduciary capacity, otherwise they could be
sued for not enforcing the rules....when you move in, you sign off and there
should be no surprises. If you want to live in an area where the next door
neighbor can keep every car he's ever owned rusting out in the yard, that's
fine, it's a free country.
And there is room for everyone.
It doesn't make you any better, or any worse than the next person.
Joe
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Heir Max
membership 1/16/2001, Bay Minette, AL
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Joined: 03/29/2006
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Well said Joe.
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whimstock
North Texas
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Joined: 08/09/2004
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taxgun wrote:Typically, the information out "there" is false or misleading.
The builder puts out the CC & R's when there is common area, tennis courts
and other like acreage.
The association only enforces the rules as stated legally by the builder.
The association has to act in a fiduciary capacity, otherwise they could be
sued for not enforcing the rules....when you move in, you sign off and there
should be no surprises. If you want to live in an area where the next door
neighbor can keep every car he's ever owned rusting out in the yard, that's
fine, it's a free country.
And there is room for everyone.
It doesn't make you any better, or any worse than the next person.
I would give you  out . Pretty good! 
In our HOA, some 30+ years in existence, there is no "builder" and the members currently set and change the CC & R's as needed. If enough members vote to change one of them, they are changed.
In the next subdivision over, the builder set the initial rules...then turned the whole thing over to the members. Same opportunity for change by the vote of the members.
You're right in that anyone can file a lawsuit if they choose.
There are annual meetings, votes, and as it should be, those who attend the meetings do have a louder voice. If you sign on, you should be prepared to go by the rules OR take the necessary steps to change them...if that's what the majority wants.
Pretty simple, really.
I agree that there is room for everybody.
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Jarlaxle
New England
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Joined: 11/18/2006
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mowermech wrote:Jarlaxle wrote:I'd rather live under an overpass than under a HOA.
Of course, I could make the people running it rip their hair out by following the LETTER of the rules and openly flouting the SPIRIT.
Well, yeah, that is one way to handle it, become the neighborhood vigilante, reporting every infraction to the board, no matter how minor.
I like the way we handled it better, though. I asked about CCRs and HOAs at every house we looked at. The one house we really liked had 2 pages of CCRs, but no HOA. Acceptable. One of the restrictions, though, wouldn't allow any truck over 8000 GVW to be parked in the subdivision. That meant I couldn't have my truck at home (GVW 14,000). I told the Realtor that the house suddenly became totally worthless in my opinion.
This place we bought has one short page of CCRs that we can live with, and no HOA.
That's the way we like it.
Not that way...I mean doing things that would drive them batty, yet are perfectly within the letter of the rules. No trucks over 10,000lbs? No problem...tag the most decrepit thing I can find for 9,990lbs.
John
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wa8yxm
Wherever I happen to park
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Joined: 07/04/2006
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There is one city where the water department gives you a discount if you have something other than Natural Grass in your front yard. So a lot of folks have astro turf yards (or equal)
However the city had an ordinance requiring you to HAVE natural grass in your yard
Did I mention the water department is a city department
Stupid, stupid stupid (Government at it's finest)
Oh you don't believe me Here is the story
Nothin adds excitment like something that is none of your business
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Kajtek1
CA
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Joined: 12/04/2002
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whimstock wrote:
There are annual meetings, votes, and as it should be, those who attend the meetings do have a louder voice. If you sign on, you should be prepared to go by the rules OR take the necessary steps to change them...if that's what the majority wants.
Pretty simple, really.
I agree that there is room for everybody.
This is how democracy works. Seeing how much trouble people are having dealing with very low level of democracy makes it clear why they fail to understand higher levels.
Pessimist sees dark tunnel, optimist sees a light at the end, realist sees lights of coming train.Engineer sees 3 idiots on the tracks.
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mowermech
Billings, MT
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Joined: 06/28/2003
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It seems to me there is a very fundamental difference between being aware of the rules, and having the rules interpreted in a very foolish way.
"No pickups parked in the driveway." OK, I can see that. I wouldn't buy where that rule was in place, but they make the rules.
"No pickups in the driveway, but a Lincoln Mark LT is upscale, so it is OK."
No, sorry, all or none. Once you make a rule, you have to live with it, no matter how much money you have. Once you make an exception, you have left the door open for further exceptions.
How about an Ed Roth "Rat-Fink" custom pickup in the driveway? That would be a nearly priceless collectors item. Would they make an exception for that?
How about a Barris Custom? Again, depending on which one, it would be nearly priceless.
How about a Dodge Little Red Express Truck? Fully restored, of course.
Again, I agree, be aware of the rules before you buy. But, the Board MUST apply the rules evenly. Ford F150, Lincoln MARK LT, Cadillac Custom pickup by Barris or Roth, doesn't matter. If pickups must be hidden from view when parked, that means ALL pickups. THAT is the issue, IMO.
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Rubiranch
Salt Lake City, UT
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We don't allow "lower end" trucks in our neighborhood either.
I don't understand what all the ruckus is over; I'm sure the owner could have "stepped up" and bought the upper end truck just like his neighbors did. Doesn't he want to "fit in" like everyone else?
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msmith1199
Central, CA
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Okay, I guess if they knew the rules of the HOA and they didn't like them they should not live there. But, this HOA lets you park a Honda Ridgeline in your driveway but not a Ford F-150??? That's the part that doesn't make sense. I could understand it if this was in San Francisco, but in Texas you can park a Honda in your driveway but not a Ford? That just doesn't sound like Texas to me.
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Rubiranch
Salt Lake City, UT
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msmith1199 wrote:Okay, I guess if they knew the rules of the HOA and they didn't like them they should not live there. But, this HOA lets you park a Honda Ridgeline in your driveway but not a Ford F-150??? That's the part that doesn't make sense. I could understand it if this was in San Francisco, but in Texas you can park a Honda in your driveway but not a Ford? That just doesn't sound like Texas to me.
Specially seeing that the F-150 is bigger.
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