Homeowner's Associations suck!
 

On Tue, 21 Aug 2007 18:00:21 -0400, Gene Kearns
wrote:

On Tue, 21 Aug 2007 15:50:25 -0500, lid penned the
following well considered thoughts to the readers of rec.boats:

Gene Kearns wrote:
My guess is that nothing is binding, if they didn't also assent to and
sign the restrictive covenants prior to purchase.

I don't know about your state, but in mine it's as binding as any
other deed restriction. And deed restrictions are very much binding.

Rick

Even if you don't sign it?

Gene, when I last bought a house with an HOA, signing the papers was part
of the closing process. Where I now live doesn't have an HOA, per se,
although we do have an 'association'. There is no set of rules/bylaws which
must be obeyed.
--
John H

Homeowner's Associations suck!
 

Gene Kearns wrote:
:On Tue, 21 Aug 2007 15:50:25 -0500, lid penned the
:following well considered thoughts to the readers of rec.boats:

:Gene Kearns wrote:
:My guess is that nothing is binding, if they didn't also assent to and
:sign the restrictive covenants prior to purchase.
:
:I don't know about your state, but in mine it's as binding as any
:other deed restriction. And deed restrictions are very much binding.
:
:Rick

:Even if you don't sign it?

It's part of the deed. By purchasing the property, you're obligating
yourself to follow them. There are exceptions, for instance, many
properties contain restrictions prohibiting blacks, jews, or otherwise
people the developer thought were "undesirable". These are
unenforcable, and meaningless, but still exist on many properties.
the other big exception is for radio and television antennas. The FCC
has final say about rules for antennas, and generally, local laws,
homeowner associations have to put up with them. There are exceptions
for some safety issues, and for some historical districts.

Homeowner's Associations suck!
 

Phantman:
I don't know about your state, but in mine it's as binding as any
other deed restriction. And deed restrictions are very much binding.

Gene Kearns wrote:
Even if you don't sign it?

Yep.
A deed restriction runs with the land. It's one of the reasons you get
a Title Opinion before buying property. To uncover these sorts of
things.

Rick

Homeowner's Associations suck!
 

David Scheidt wrote:
There are exceptions, for instance, many
properties contain restrictions prohibiting blacks, jews, or otherwise
people the developer thought were "undesirable". These are
unenforcable, and meaningless, but still exist on many properties.

Exactly.
An Abstractors job can get complicated.

Rick

Homeowner's Associations suck!
 

:But don't sell the boat. There's bound to be another way.
:
:Rick

I agree Rick...hate to see my GF have to go to court to keep her house
because of me.

Here are her HOA CC&Rs with regards to this:

"No boats, trucks, automobiles, or other vehicles, or trailers may be
stored in the open within view of the public street within this
subdivision for more than twenty-four (24) hours, nor may they be
repaired except in an emergency within said twenty-four (24) hour
period on any of the streets within this subdivision."

To me, this technically sounds like you could work on your boat in the
DRIVEWAY as long as it was an "emergency" AND you did it within the 24
hour period. But I get the feeling that they mean "within view" like
they mention in the first part talking about storage.



Sounds like you can park and perform your "emergency" repairs on the boat
for up to 24 hrs with no problem. "Winterizing" would become my next
"emergency" repair.

Homeowner's Associations suck!
 

On Tue, 21 Aug 2007 19:33:41 -0400, BAR wrote:

My guess is that nothing is binding, if they didn't also assent to and
sign the restrictive covenants prior to purchase.

The covenants come with the land. There is no option to dissent from the
covenants.

Where we've been looking, it seems that neighborhood/development
"associations" are the norm.

And that real estate agents will lie about it.

We almost closed on a house. One of the conditions was no
restrictions or "associations" or anything like that. I want to put
up a tower for my radio hobby and I like to keep my trailer boats
close to my residence.

As the paperwork was being passed around for signatures, the agent
slipped in one that said "association dues" - I asked and yeppers -
there was an association alright - very loosely worded constraints on
what could and couldn't be done with the property.

No thank you.

Lawyers were po'd - not my fault - talk to the agent.

Loser.

Homeowner's Associations suck!
 

On Wed, 22 Aug 2007 10:45:24 GMT, Short Wave Sportfishing
wrote:



We almost closed on a house. One of the conditions was no
restrictions or "associations" or anything like that. I want to put
up a tower for my radio hobby and I like to keep my trailer boats
close to my residence.

Better also check local ordinances about that tower.
But maybe you did.

--Vic

Homeowner's Associations suck!
 

On Wed, 22 Aug 2007 05:50:46 -0500, Vic Smith
wrote:

On Wed, 22 Aug 2007 10:45:24 GMT, Short Wave Sportfishing
wrote:



We almost closed on a house. One of the conditions was no
restrictions or "associations" or anything like that. I want to put
up a tower for my radio hobby and I like to keep my trailer boats
close to my residence.

Better also check local ordinances about that tower.
But maybe you did.

Local ordinaces are superceded by Federal guidelines regarding towers.

As long as I stay within the Federal guidelines, I'm fine.

Association contracts are a bit sticker, but they have been
successfully fought.

Homeowner's Associations suck!
 

"Short Wave Sportfishing" wrote in message
...
On Wed, 22 Aug 2007 05:50:46 -0500, Vic Smith
wrote:

On Wed, 22 Aug 2007 10:45:24 GMT, Short Wave Sportfishing
wrote:



We almost closed on a house. One of the conditions was no
restrictions or "associations" or anything like that. I want to put
up a tower for my radio hobby and I like to keep my trailer boats
close to my residence.

Better also check local ordinances about that tower.
But maybe you did.

Local ordinaces are superceded by Federal guidelines regarding towers.

As long as I stay within the Federal guidelines, I'm fine.



That's what I thought. I suppose it depends on what part of the country you
live in, but here in the People's Republic of Duxbury, local ordinances
supersede Federal guidelines as long as the local ordinances are equal to or
exceed (more restrictive) those of the Fed.

You are allowed to purchase your property, pay the taxes and the upkeep, but
the town determines what you can do and not do with it for the most part.

Eisboch

Homeowner's Associations suck!
 

On Tue, 21 Aug 2007 17:23:05 -0400, Reginald P. Smithers III penned
the following well considered thoughts to the readers of rec.boats:

Gene Kearns wrote:
On Tue, 21 Aug 2007 15:54:28 -0400, "JimH" ask penned the
following well considered thoughts to the readers of rec.boats:

We have a HOA in our development. The Association officers are responsible
for contracting out the care and upkeep of the main entrance to the
development (landscaping and sidewalk snow removal) as well as enforcing
Association bylaws. They also review and approve fence and shed
installations. Annual cost to each homeowner is $80.

That is pretty cheap compared to most HOAs.

My guess is that nothing is binding, if they didn't also assent to and
sign the restrictive covenants prior to purchase.



Gene,
It is good that you don't live in a community with HOA and restrictive
covenants, because you probably would be very surprised how incorrect
your guess is.

Either I didn't make myself clear or you guys need to read again for
content..... (1) I wouldn't buy a property that came with a deed
restriction and (2) my position was that NO agreement is binding
unless you sign indicating assent.

Check your mortgage paperwork and you will find that you have a copy
of some sort of protective or restrictive covenant or CC&R, designed
by the developer, that gave the HOA the power to tax you and determine
how you will use your property. You will probably, also, find a rider
on your deed that says you are aware of the covenant and will abide by
its restrictions (which include all of its penalties). You signed all
that didn't you?

I still feel that if you didn't sign the paperwork covering the deed
restriction.... you are not bound by what you didn't agree to.... (of
course that means you probably (wisely) walked away from the deal).

PS
Reference #1 above: there are plenty of recorded cases where the HOA
bankrupted landowners over some trivial item (though one agreed to). I
just don't lean into left hooks when I can see them coming. I try not
to sign optional documents that restrict my rights.....

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.idleplay.net/

Rec.boats at Lee Yeaton's Bayguide
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