Against HOA Rules, How Hard Would You Fight?

[Sonoran Silkies]

Quote:
I strongly disagree. Yes, the HOAs that make a name for themselves in the news are often the ones where rules are very strict. BUT, the HOA and its restrictions was set up BEFORE property was purchased by individual homeowners. There are MANY reasons why people want to live in an HOA. For one thing, a well managed HOA tends to keep property values higher, and reduce blight. Some people WANT restrictions that guarantee a type of neighborhood and lack of nuisances.

 

[classicsredone]

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I hear you on that. I think that stating "common household pets" creates a loophole in the CC&R. What a common household pet is outside of cats and dogs can be defined differently by just about anyone you ask. I would class hens in a run or tractor as caged birds. We hear our neighbors pit-bulls playing with their food dishes all night, but we almost never hear the hens unless a neighbor's cat gets in our yard. (Eight hens ganging up on a cat is pretty hilarious.) We live outside of a city that classes anything other than cats and dogs as barnyard animals, and barnyard animals are illegal. Seriously - even rabbits are specifically outlawed. It isn't really enforced, though, and there is a push to legalize backyard chickens. The city wants to limit it to 3 hens, with a $15 per year licensing fee per bird. Another city with a much more affluent demographic allows up to 10 chickens and allows roosters. Go figure.

We had serious issues with our HOA when we lived in a townhome. The developer must have paid off the planning commission, because somehow they got away with only 20 outside parking spots for over 200 townhomes. We were only allowed to park in our garage or driveway. That would have been okay, but only the original buildings had useable driveways. Homes built after the first phase had completely useless driveways. We could only use ours if we parallel parked to wash the car. The HOA threatened to tow our car, but we did the research and it was not illegal by city codes or the CC&R. I'm so glad we don't have to deal with that crud anymore. Gestapo is right.

 

[dretd]

Quote:
I strongly disagree. Yes, the HOAs that make a name for themselves in the news are often the ones where rules are very strict. BUT, the HOA and its restrictions was set up BEFORE property was purchased by individual homeowners. There are MANY reasons why people want to live in an HOA. For one thing, a well managed HOA tends to keep property values higher, and reduce blight. Some people WANT restrictions that guarantee a type of neighborhood and lack of nuisances.

I have no problems with the general idea of an HOA. How many people really read every detail of the HOA and decide not to purchase property base one not liking the fine print of the HOA? Take the real example I stated before:
Quote:
How does a lady paying a contractor to put up a nice gait that matches her existing railing to protect the lives of her children lower anyone else's property values or make it harder to sell their property? I understand the letter of the 'law' but the spirit of these rules is meant to preserve the neighborhood's character and other's property values and the little nitpicking done is petty and controlling and in my opinion very unneighborly.

 

[kimmypie]

I don't have a problem with the HOA generally, we keep all the rules and would even if there weren't rules. For us we want to keep our property looking nice for us, not anyone else. When we built our house we were told there was an HOA but we weren't able to see any of the rules until we closed. And I think I said before, but when we moved here almost 5 years ago I hadn't even had chickens cross my mind. When it comes down to it if we can't change it we will be fine, we'll expand our garden, but I really want chickens!

I have another question, our HOA is divided up into "additions" with separate CC&Rs per addition (they all say the same thing about poultry, but I'm not sure about other differences) so do we need 75% of the entire HOA or just our addition?

Here is a link to the map of the HOA. http://pioneerhoa.com/ccrs--addition-map.html

 

[Sonoran Silkies]

Quote:
I strongly disagree. Yes, the HOAs that make a name for themselves in the news are often the ones where rules are very strict. BUT, the HOA and its restrictions was set up BEFORE property was purchased by individual homeowners. There are MANY reasons why people want to live in an HOA. For one thing, a well managed HOA tends to keep property values higher, and reduce blight. Some people WANT restrictions that guarantee a type of neighborhood and lack of nuisances.

I have no problems with the general idea of an HOA. How many people really read every detail of the HOA and decide not to purchase property base one not liking the fine print of the HOA? Take the real example I stated before:
Quote:
How does a lady paying a contractor to put up a nice gait that matches her existing railing to protect the lives of her children lower anyone else's property values or make it harder to sell their property? I understand the letter of the 'law' but the spirit of these rules is meant to preserve the neighborhood's character and other's property values and the little nitpicking done is petty and controlling and in my opinion very unneighborly.

You go to the architectural review committee and explain your plan. Answer questions they may have, and negotiate any compromise they propose so that the final result meets your needs and wants, as well as their concerns. Chances are pretty good that they will approve the overall plan, but may be concerned about the style of the gate and its structural integrity.

 

[Sonoran Silkies]

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You had a legal RIGHT to see the rules before purchase. Shame on your realtor for not making sure that you had access to them so that you could review the provisions before closing.

Whatever document or documents governs your lot are the ones that would need to be changed--and 75% of the lots each document governs is required to approve a change to it.

 

[kimmypie]

So I only need 75% of the people in MY addition to sign a petition rather than the ENTIRE HOA? That is much easier for me to think of doing because I know most everyone in my addition, but not in the whole HOA.

 

[Sonoran Silkies]

Well, you need to make sure that there is not an overall document that restricts chickens, but if not, then yes.

 

[kimmypie]

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Just looking at the HOA website the only CC&Rs it lists are by addition, there isn't a link to any umbrella document covering the entire HOA. I could ask someone on the board, but I never get replies. So maybe those of us in my addition that want chickens can get a petition signed so when we go to the meeting we at least have that covered.

 

[dretd]

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Gosh Sonoran Silkies, you should count yourself lucky and blessed that you live in such a neighborly community! I guess everyone's personal experiences vary from one person to the next.