dilemma with homeowner association - modern Mafia?

Question

Does anyone have bad experience with homeowners association? Can they do anything they want? Who oversees HOA? I am having some issues with my HOA on roof replacement. They told me the color is not right but did not tell me what color is okay. They are very arrogant. Appreciate your feedback.

Answer 1

they write there own rules, and you agree when you sigh. suppose to read first.....

Answer 2

When you purchase a property controlled by a HOA, you are subject to their requirements. I presume you are in an area where the HOA desires to keep all the structures looking very similar in terms of color and design. You will need to ask the HOA for a list of the acceptable styles and colors of roofing for the area. Needless to say, you want this list in writing from the HOA. Nothing worse than having a new roof installed, only to find out that they are challenging what you did.

Answer 3

As your are finding out HOA have wide discretion in enforcing their rules/regulations,

as long as it is within the HOA by-laws they can do pretty much what they want, their are some restrictions under federal discrimination, free speech but in regard to property rights they have wide altitude

in reality the home owners are the main people who oversee the HOA, you can try your state attorney general office but unless its a free speech, discrimination you will be hard press to find help

if you feel the HOA is overstepping their power you can hire a lawyer who specializes in this area

Answer 4

The HOA where I live here in Texas has a management company that handles most of the business. We also have an elected Board of Directors made up of residents from the community we live in. We also have a list of rules and by laws etc that we agree to adhere to.

If none of these are getting you anywhere, then I am not sure exactly where to tell you to turn.

We have here what is called an Architectural Review Committee, where anything done to the outside of the house usually always requires their approval. It is definitely a pain, but in the long run it is there to protect the other homeowners property value etc. And also potential buyers down the road from walking into a house that is in violation of the rules of the HOA.

I mean say I move in next to you, and want to paint my house Neon Green and stick a herd of pink Flamingoes all over my yard, you probably wouldn't like that too much. LOL.

That is basically what an HOA is there for to maintain somewhat of a normalcy to the neighborhood and keep it from being ruined by others with no recourse for anyone.

Unfortunately you appear to have a feeling they are "arrogant", but have you really talked to any of them to get any help? I was in the same boat as you, I hated the fact I had to get "permission" from them to do anything to my home that I PAID FOR, but I realized the need for HOA's. I have seen communities that do NOT have them, and realized right away, that they really ARE important.

It is especially important here in Texas where you may have a Mexican family with 20 people livingin 3 BR house. Where you can actually drive by and see the bunk beds scattered throughout the house, 10 cars/trucks in the yard and street, garbage everywhere, dirty diapers in the street, the house gettting torn apart on the outside by the 30 kids.

Would you want that living next door to you, and not have any way to curb how they affect the value of your home?

The best way I think to handle your situation, is to first, think about it rationally first. Don't let the fact that your pissed at the HOA because they denied your roof color sway you to go off on them, think about it first, then simply find out who to contact for the correct color. I would start first with the President of the HOA, then if nothing else, determine who is the management company and get the answer from them. If nopthing else contact the homebuilder company they should have an answer.

This can be done by asking your neighbors, or look through all the paperwork you got when you bought the house.

Believe me, I feel your frustration, even the simplest things here like landscaping need approval, and that pisses me off.

You want to try and make a home "yours" by making it look unique, and beautiful, and not like a cookie cutter image of all the other houses in the neighborhood.

But the HOA, makes sure that what one person may think looks "good" to them but really detracts from the overall look of the neighborhood, by actually being gawdy, doesn't affect the value of others property.

If nothing else, see what the color of everyone elses roofing is and try to match that. They should however tell you what color is acceptable.

If they don't, then I suggest canvassing your neighborhood, and getting people together at the next HOA meeting to discuss the arrogance with the HOA board themselves. If they do not satisfy you there, then run for election the next time one comes up to BE on the board yourself.

I hope this helps you somewhat. I am not trying to sound like I don't empathize with you. As I too, at first, felt like I had no control over my property. But then I looked at the overall picture and realized why the HOA is important, and look at it from both sides now. But I also, have a fairly active and understanding HOA. We even have a website where we can speak to them anytime and to other residents through forums, and get just about any help we need.

Also, I have the Management companies number memorized for getting answers the HOA board cannot answer, or won't for legal reasons.

I wish you luck in getting a speedy resolution to this. I am sure you will though. Just remain calm and try to think it through, and follow all their procedures. And it will all work out. And it will be in your best interest ultimately.

But also understand, the HOA has a lot of power, sometimes this is good, and other times it can make things a real hassle. But overall you are much better working with them than fighting them, it is for the ultimate overall good of your property value and the neighborhood in general.

Answer 5

You signed the paper. You agreed. Don't feel bad, I did it ONCE too.

They CAN and WILL dictate the color of your roof (there should be a few to choose from). They can literally, and legally take possession of your house if you do not cooperate. Many of them will do it in a heart beat, they turn around and sell it to their friends.

They are not over seen by anyone, as they are an elected committee and over see themselves, much like a corporation.

Answer 6

You might be able to get some directions as to what to do regarding Home Owner's Associations at this link from our research department.

Communities Associations Institute (for Home Owner’s Associations) http://www.caionline.org/

You can also contact your state AG's office consumer protection and see what pamphlets they might have on the subject.

Best of luck on your research