HOA Terminology, Is this Legal?

[skierrob]

1. I'm just a homeowner that lives in an association and who occasionally volunteers to be on the board. Not a part of any national organization. Just a homeowner that happens to know the members of my board. And I see all the work they do, for nothing, and it frustrates me that they get yelled at all the time simply because they took time out of their life to try to help out the community as a whole.

2. "Take out a pen and cross out the illegal stuff". Can't do it. State law in California, at least, insists that we provide the full CC&R's the exact same way that they are filed with the State. And again, to change em with the state involves way too much money and effort. I'd just tell the homeowner to ignore any section of the CC&R that violates state or federal laws.

3. Those of you who think it is just bureaucracy.... without a board and HOA, how would the exterior of your condo get painted? How would the condo insurance get paid? How would the plants get watered in the common areas? How would a water leak in a common area get repaired? Sounds like you have no clue just what all is involved outside of your exclusive walls.

Best solution for those of you who want changes, of course, is to JOIN the board of your HOA. But, let me guess. Outside of Iceberg, you won't. It takes too much time. Too much effort. You hate the board members. But if you don't participate, you can't complain about what others decide. You made the decision to live in a community with an association. Participate in that association, or don't be upset at those that make that effort.

 

[yaz96]

1. I'm just a homeowner that lives in an association and who occasionally volunteers to be on the board. Not a part of any national organization. Just a homeowner that happens to know the members of my board. And I see all the work they do, for nothing, and it frustrates me that they get yelled at all the time simply because they took time out of their life to try to help out the community as a whole.

2. "Take out a pen and cross out the illegal stuff". Can't do it. State law in California, at least, insists that we provide the full CC&R's the exact same way that they are filed with the State. And again, to change em with the state involves way too much money and effort. I'd just tell the homeowner to ignore any section of the CC&R that violates state or federal laws.

3. Those of you who think it is just bureaucracy.... without a board and HOA, how would the exterior of your condo get painted? How would the condo insurance get paid? How would the plants get watered in the common areas? How would a water leak in a common area get repaired? Sounds like you have no clue just what all is involved outside of your exclusive walls.

Best solution for those of you who want changes, of course, is to JOIN the board of your HOA. But, let me guess. Outside of Iceberg, you won't. It takes too much time. Too much effort. You hate the board members. But if you don't participate, you can't complain about what others decide. You made the decision to live in a community with an association. Participate in that association, or don't be upset at those that make that effort.

I was just joking with you, and you some have valid points. But more often than not it seems, we hear about the NAZI HOA's that are ridiculous. No large American flags, only this color on your house, not that bush or tree, wrong type of grass, can't park in front of your own house, NO SATELLITE DISH or OTA Antenna, etc....

 

[Zaxcom]

My HOA tried to do the same thing. They sent me a letter saying I had to take my dish down along with the quote from their rule book. So I printed out the entire FCC ruling on the matter, I think it was like 50 pages long, and I dropped it on the door step of the HOA president. I never heard from them again.

 

[navychop]

Geez... such hatred of HOA boards....

1. Most of these CC&R's were written before the FCC wrote the law. ...... It is very difficult to change the CC&R's of an association.

2. Most board members won't enforce because they know the law supercedes the CC&R's. ......

3. When boards try to enforce anti-satellite / antenna laws, it is because they just don't know better. ....... Go to a board meeting, politely bring up the FCC and the rules and regs and work with them to create a solution that provides you with good line of sight and also helps the community look nice. Simple. But don't expect them to go back and change the CC&R's. .....

I must comment. I was on the board. To protect myself.

1. Not really. We made some changes. Just not enough. They chose to keep the anti-antenna parts in, as do several HOAs, in full knowledge of their lack of enforceability. They know the value of intimidation, and are willing to spend money to make you spend money to defend your rights. Contractors in my area STILL include those provisions.

2. See my #1, above.

3. Again, see my #1 comment. I put up a sat dish and an OTA dish, with no warning. When it came up (I slipped), I had slips of paper with the link to the FCC OTARD rules. One board member kept saying over and over it didn't matter, I couldn't do anything that affected his property value. I guess he went to the link, because I never heard from him again. And a few others put up antennas.

As to "hate the board" - just before I moved in, they "evicted the NAZIs." Other boards we knew of were tightly controlled. Some HOAs have money, others don't. I have mixed feelings about HOAs. Sometimes they can protect you. But many seem to enforce the petty stuff and back down on major violators that get aggressive. And in NoVA, at least, judges have a history of routinely ruling AGAINST HOAs.

 

[LER]

This issue is the reason I'm on my HOA's board. They whined about my (at the time) 2 dishes, and I sent them the FCC FAQ and they shut up.

Whenever we get into a pissing match about Satellite antennas, I point out the FCC FAQ. Yes, we'd LIKE them to be out of sight, but when they can't due to LOS, we tell the management company to NOT write the letter.

Getting the DCCR's re-done is EXPENSIVE and HARD due to majority requirements, etc.

This is even in a new community (2004-2005 build).

 

[Mr Tony]

Geez... such hatred of HOA boards....

no not really. Just giving out facts

1. Most of these CC&R's were written before the FCC wrote the law. They are antiquated rules. But they won't be re-written because that takes a lot of money and lawyers. It is very difficult to change the CC&R's of an association.

depends on the association. The old president of our board tried to invoke a one dish rule in 2003 (FCC rule was 96) and at the time our local market required 2 dishes to get all the locals

3. When boards try to enforce anti-satellite / antenna laws, it is because they just don't know better. They are your neighbors. Volunteer homeowners. They don't have a degree in association management. They don't get paid for this. They are simply trying to improve their community. So cut 'em a break. Go to a board meeting, politely bring up the FCC and the rules and regs and work with them to create a solution that provides you with good line of sight and also helps the community look nice. Simple. But don't expect them to go back and change the CC&R's. Those were written when the community was built, and have LOTS of things that are "illegal" in them. But the cost to change it all to be 100% legal with today's laws would bankrupt some associations just in legal fees alone.

I am on the board so I know the rules. As for "they were written when the community was built"...well the townhouses I live in are 30 years old so the only dish out there was C-Band
The dish rule they tried to invoke was done in 03 and shot down the next month

Why does everyone think that HOA board members are power hungry crazy people that want to control everything??? Sheesh.

depends on the association...some are some arent

ps... Iceberg, the FCC rules do only apply to dishes up to 38" in diameter.... so yes, your 6' Dish is definitely not covered. *grin*

you've been here almost 6 years so you should know I am a big advocate of OTARD so yeah I do know what I'm covered...and its actually 39.66666666 inches (1 meter)

and I guess you didnt see where I wrote that "I'M THE PRESIDENT OF THE ASSOCIATION"

 

[Mr Tony]

As a board president, I thank skierrob for the post. Rather than having any gains, I have expenses every time a board meeting takes place at my own home.

ditto. In fact I lose money tonight as I have a board meeting at my house

 

[Mr Tony]

1. I'm just a homeowner that lives in an association and who occasionally volunteers to be on the board. Not a part of any national organization. Just a homeowner that happens to know the members of my board. And I see all the work they do, for nothing, and it frustrates me that they get yelled at all the time simply because they took time out of their life to try to help out the community as a whole.

Actually it depends. There are townhouse complexes that the HOA board is not local and its a company that takes care of multiple complexes owned by different folks.

2. "Take out a pen and cross out the illegal stuff". Can't do it. State law in California, at least, insists that we provide the full CC&R's the exact same way that they are filed with the State. And again, to change em with the state involves way too much money and effort. I'd just tell the homeowner to ignore any section of the CC&R that violates state or federal laws.

again it depends on the HOA. We make rules and as long as they are agreed upon by the board, it can be changed in our rules. A good example was garage doors. Use to be they had to be painted one color and they were the wood type doors. Now we allow the metal ones because they look better

Another one is if you need to paint your deck, you have to use the 2 colors we approved. The positive is we the association supply the paint (no we dont paint them)

Best solution for those of you who want changes, of course, is to JOIN the board of your HOA. But, let me guess. Outside of Iceberg, you won't. It takes too much time. Too much effort. You hate the board members. But if you don't participate, you can't complain about what others decide. Participate in that association, or don't be upset at those that make that effort.

actually the board is regretting having me on the board, much less president

You made the decision to live in a community with an association.

well that really depends. When I was looking for a house the only ones in my price range were in townhouse complexes. This was in 02 when it was a sellers market

 

[Jim S.]

Why does everyone think that HOA board members are power hungry crazy people that want to control everything???

Because they want to control things that are COMPLETELY HARMLESS and ON SOMEONE'S PRIVATE PROPERTY. If I wanted to deal with that, I'd take up a religion. The government of this country is supposed to be protecting us from having to put up with other people's irrational beliefs.

 

[Lkr]

The community I used to live in had a TERRIBLE HOA. I currently live in a community where you wouldn't even know an HOA existed because they are never in a negative light(although I must give them a ton of credit for creating some VERY nice recreational areas).

About the old HOA:
You couldn't do anything. No flags unless it was an American flag. No antennas/satellites, etc. It was a gated community, and usually they tried to punish you by disabling your sensor for the gate. Only problem is it is easier to get in by going by the guard and showing him your ID(morons that don't live there would cause backups by thinking they could sneak through the residential entrance) so much that you would get to know the guard and he'd just let you in right away. This bit them in the tail during the peak of the recession when people couldn't pay for the MASSIVE HOA bill and they disabled plenty of sensors. However corruption existed with this evil HOA that my neighbor who was a member, who was out of work for a few months and I knew was struggling had a perfectly working sensor on his two cars. I like to see good HOAs, but most of the time, especially with their rulings on what people do with their own property, HOAs flat out suck.

 

[DSpud]

Thank you for all the responses. For you all that wanted additional info. For starters, I am moving into La Bota Ranch in Laredo, TX. They describe themselves as a "community" with 6 current subdivisions and they have plenty of room for expansion. This is the company that runs the HOA. Spectrum Association Management, LP :: Homeowners Association Management . If anyone has any information on them please let me know.

The community itself is pretty diverse, from multi million dollar homes (some actually designed like castles with there own moats and all) to regular middle class homes like mine. The community has its own stocked pond, pool, community center, park, and 24/7 manned security entrance and I believe mobile security as well. I traditionally hate HOA's but this place is kept up top notch and they actually take very good care of the public areas.

I have heard you have to get any outside home project approved by the HOA. Be it a shed or painting your house. That part I do not like at all, but I am not one of those guys that goes crazy with outdoor projects (anymore) so that doesn't bother me. I do think its crap that since all the yards at least in the back are privacy fenced that you have to get anything approved that you do back there.

To whoever said they wouldn't ever dream of living in a place with an HOA. Well, me either until I moved here. But here, in Laredo, any decent community is going to have an HOA. Just no way around it. I suspect its that way in many other places as well. I? fully plan on getting involved with my HOA here, as i figure no one has a right to complain if they don't get involved.

 

[KimmiKat]

I've seen some restrict certain types of vehicles. There was a little bruhaha a few years ago in a nearby town that an HOA didn't allow pick-up trucks.

What if it is a house? Some HOA's in some housing communities here are more restrictive than townhouse/condo complexes. They have to approve your paint color, swing sets, and bushes. Talk about pathetic!

 

[Bob Haller]

HOAs can be useful, but can become a NIGHTMARE.

No sat dishes, no vehicle in driveway overnite, no vehicles on street, no signs on vehicles, including bumper stickers.... garage doors must be closed at all times. You REALLY want such restrictions on YOUR PROPERTY

Oh well its your money

 

[Voyager6]

There is a website that keeps tabs on what HOA's across the country are doing. Before moving into a community with a Condo/Homeowners Association, read what could happen to you. Be especially aware of Condo/Homeowners Associations affiliated with CAI.

 

[bnaivar]

HOAs can be useful, but can become a NIGHTMARE.

No sat dishes, no vehicle in driveway overnite, no vehicles on street, no signs on vehicles, including bumper stickers.... garage doors must be closed at all times.

How do they get the cars in?

 

[DodgerKing]

HOAs can be useful, but can become a NIGHTMARE.

No sat dishes, no vehicle in driveway overnite, no vehicles on street, no signs on vehicles, including bumper stickers.... garage doors must be closed at all times. You REALLY want such restrictions on YOUR PROPERTY

Oh well its your money

Most of what you described is not enforceable and against the law.

They cannot tell you what you can or cannot put on your own car. They cannot tell you if you can or cannot have your door opened. They cannot restrict dishes, particularly on a house

 

[Voyager6]

Most of what you described is not enforceable and against the law.

They cannot tell you what you can or cannot put on your own car. They cannot tell you if you can or cannot have your door opened. They cannot restrict dishes, particularly on a house

The only part that you are correct on is the dish part. HOA's can enforce all the other rules (and they have - go to the website I linked) and fine you for not complying. If you don't pay the fines, they will then lien your property and later foreclose. It's quite a racket (especially in California).

 

[DodgerKing]

The only part that you are correct on is the dish part. HOA's can enforce all the other rules (and they have - go to the website I linked) and fine you for not complying. If you don't pay the fines, they will then lien your property and later foreclose. It's quite a racket (especially in California).

They cannot tell you what you can put on your own car.

 

[Voyager6]

They cannot tell you what you can put on your own car.

Please read the last two postings about bumper stickers. Please Google "HOA no bumper stickers" for lots more info.
10 Things a Homeowners Association Won't Tell You: Mortgage Center - Yahoo! Finance
Homeowner horror stories: Associations are heaven or hell
HOA Asks Vet to Remove Bumper Stickers
There's a proper way to impose, challenge homeowners association fines - St. Petersburg Times

 

[Bob Haller]

and the no dishes is really true, FCC law allows them up to so many inches like 25.

I helped a member here with a dish install where the customer wanted E and the HOA was a PIA. HOA rep said our rules superseed FCC rules

what a pain

He finally said no dish no sale,what a pain.

the dish got installed

I visited a fellow I knew he moved to florida in a HOA community. it regulated how often his grass got watered, and like my dad in phoenix garage door couldnt be open unless something was actuall passing thru it and garage had to be neat and tidy. since people could see in when its open