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Home Ownership (misc.consumers.house)

Can HOA take away my yard?



 
 
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  #11  
Old June 10th 05, 05:47 AM
Kendall P. Bullen
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In article ,
"Travis Jordan" wrote:

Not going to happen, Ted - Dave. The vast majority of residents who
live in HOA's wouldn't be without them. That is why they exist.


Wow, you're making some big assumptions. Actually, some people are
naive about what they can do, and/or don't care (which isn't the same as
"wouldn't be without them" by a long shot).

Kendall

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Kendall P. Bullen http://www.his.com/~kendall/
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Never e-mail me copies of Usenet postings, please.
I do read the groups to which I post!
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  #12  
Old June 10th 05, 01:52 PM
[email protected]
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The HOA must have written covenants. Look at them to see what is said
about the yards, fences, and similar items. Also look at what is said
about ordering an individual owner to do something on their own
property. And, look at the description of your unit. If it doesn't say
or show the yard is yours, you can ignore the yard (and, of course, not
be able to use it alone -- but also, be careful that the covenants
don't say you can be ordered to maintain certain portions of the area).
Of course, if the description of your unit doesn't incluse the yard,
along with ignoring it, you should write the HOA board to let them know
the yard is not yours (by certified mail, keeping a copy for yourself).
Also, remember that you yourself are part of the HOA. The covenants
should say whether the HOA board can give orders like this or whether
it must first be voted upon by the entire HOA. Basically, the
covenants are your condo bible.

  #13  
Old June 10th 05, 03:41 PM
CL (dnoyeB) Gilbert
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Travis Jordan wrote:
Ted B. wrote:

The only solution is to make HOAs illegal, period.



Not going to happen, Ted - Dave. The vast majority of residents who
live in HOA's wouldn't be without them. That is why they exist.



I know I wouldnt mind having one. It helps when companies buy property
in your neighborhood of $300K homes and try to plop down a $100k home,
or vice versa. Or try to put condos in non-condo neighborhood. or and
apartment complex. or any other number of inconsiderate things.

perhaps they can go do far. Especially when populated with folks that
begin to make it their 'thing.' But its not all bad I don't think.

--
Respectfully,


CL Gilbert
  #14  
Old June 10th 05, 03:58 PM
Ted B.
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I know I wouldnt mind having one. It helps when companies buy property in
your neighborhood of $300K homes and try to plop down a $100k home, or
vice versa. Or try to put condos in non-condo neighborhood. or and
apartment complex. or any other number of inconsiderate things.


Yeah, having a $300K home next to a $100K home or a (gasp) condo is a real
tragedy. Let's make a new law stating that all single-family houses should
cost no less than a half mill, and that the purchase of such single family
dwellings can not be subsidized in any manner. Oh wait . . . we've got HOAs
to take care of that. Never mind. -Dave (who has better things to worry
about than whether someone is going to build a BRAND NEW house on the empty
lot next to my lot that is worth half of what my house is worth)


  #15  
Old June 10th 05, 05:09 PM
v
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On 9 Jun 2005 11:34:52 -0700, someone wrote:

....As a
naive fist-time homeowner, I don't
know what to do... to protect my yard, or if the yard cannot be saved, to
protect myself from

Call your attorney.


Reply to NG only - this e.mail address goes to a kill file.
  #16  
Old June 10th 05, 05:10 PM
v
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On Thu, 9 Jun 2005 14:39:57 -0400, someone wrote:


OK, yet one more reason that HOAs should be OUTLAWED, period. -Dave

So that anyone can fence in any amount of common area that they
want????



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  #17  
Old June 10th 05, 05:14 PM
v
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On Thu, 9 Jun 2005 16:02:11 -0400, someone wrote:

.... How do you know that the area you are
moving into won't EVER have an HOA?

Uhh, because its not in my deed?

You don't seem to know how an HOA works. If they don't have a deeded
interest in my property before I buy it, they NEVER will.

Now, if people of any kind want to form a "neighborhood association"
or "block club" or "civic association" they can. But it would have no
more legal power over my property than the Elks or Masons. No
majority of neighbors can vote themselves that kind of legal interest
in my land.


Reply to NG only - this e.mail address goes to a kill file.
  #18  
Old June 10th 05, 05:19 PM
v
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On Thu, 09 Jun 2005 20:57:43 GMT, someone wrote:


Obviously, this is the seller's problem and not yours.

Ohh really. Now it COULD be if the Buyer can convince the court that
the Seller said the fence would not need to be removed and the Buyer
legally "relied" upon that representation.

But looks to me that the Buyer KNEW this was an issue, and the Seller
gave his OPINION that it was "unlikely" but guess what - the unlikely
happened. If Buyer really depended on this issue, he should have
checked with the HOA or gotten something in his contract that survived
the closing (NOT LIKEY that any competent Seller would agree to
that!!!).

Buyer needs to comply or sue. As an inexperienced first time owner,
what makes him think it "should be" grandfathered? Whose land is it,
isn't it the Association's???


Reply to NG only - this e.mail address goes to a kill file.
  #19  
Old June 10th 05, 05:44 PM
Ted B.
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.... How do you know that the area you are
moving into won't EVER have an HOA?

Uhh, because its not in my deed?

You don't seem to know how an HOA works. If they don't have a deeded
interest in my property before I buy it, they NEVER will.

Now, if people of any kind want to form a "neighborhood association"
or "block club" or "civic association" they can. But it would have no
more legal power over my property than the Elks or Masons. No
majority of neighbors can vote themselves that kind of legal interest
in my land.


They don't have to. They can just fine you for not following the rules. If
you don't pay the fines or ignore them, they go to court. THEN they have
legal interest in your land, and will SELL IT to pay the fines that you
chose to ignore. -Dave


  #20  
Old June 10th 05, 06:04 PM
no mail
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Ted B. wrote:
.... How do you know that the area you are
moving into won't EVER have an HOA?


Uhh, because its not in my deed?

You don't seem to know how an HOA works. If they don't have a deeded
interest in my property before I buy it, they NEVER will.

Now, if people of any kind want to form a "neighborhood association"
or "block club" or "civic association" they can. But it would have no
more legal power over my property than the Elks or Masons. No
majority of neighbors can vote themselves that kind of legal interest
in my land.



They don't have to. They can just fine you for not following the rules. If
you don't pay the fines or ignore them, they go to court. THEN they have
legal interest in your land, and will SELL IT to pay the fines that you
chose to ignore. -Dave



The point is that if you are not in HOA when you purchased the property,
you can't be forced to join the HOA.

Out HOA consists of 30 houses of 5 - 6 years old. There are 3 additional
houses mixed in that are not part of HOA. They enjoy all the HOA
benefits - hired common area clean up, street light, etc, w/o paying HOA
dues, and they don't need to abide the HOA rule - one of house only cut
grasses a few times a year, and full of the weed. But we can't force
them to do anything.

Ironically, one of the families subdivided his lot into 4 lots. He lives
in one. The 3 new hourses in the remaining lots will be in HOA, but the
old house will be out of HOA.
 




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