How are Homeowners' Associations even legal?

comicbookguy · 23-04-08

You have this group of people who take a monthly fee of some two hundred dollars for vague reasons. Their original purpose seems to be to manage anemnities in the neighborhood and keep values up for the advantage of the developler. They have a list of regulations concerning such things as flags, fence height, the color of your curtains, the color of your house, the color and shape of your mailbox, how many lights you can have, and what kind of flowers and trees you can grow on your property. Some of these rules seem to be commercially advantageous to some business, for example, my HOA requires that the mailboxes be painted a certain color that is only provided by one company. If you break these rules, they can fine you, sue you, or foreclose your home. Even for minor infringements. They are undemocratic but supposedly non-profit so they don't have much oversight form the government, yet come suing time and the law always seems to back them.How is this legal?

docbob · 23-04-08

All of the rules are made aware to you prior to your closing. If you glossed over them then you are the one to blame for not understanding them. Homeowner rules protect other homeowners from people who don't want to keep up their homes.

John5400 · 23-04-08

Well because you agreed to be a member and follow the rules.In AZ a few years ago we had a few agressive HOAs, who sued and tried to take the house from an older lady. (who doen't love the little old lady) Anyway the law did allow for too much. The AZ Association of REALTORS and our legal team put together a bill that took away some of their powers that infringed on an owners property rights. Now, we won that legislation and the HOA has less teeth. You can be fined but you cannot loose your house. you can sell your house and put a sign up saying so profesional or For Sale By Owner (not recomended) but you can.I think HOAs are good. There are some things like flags and mailboxes that go overboard but you can uaully submit to a design review if it is in good taste. It is designed to keep people from paiting their house fuschia, because they love that color. Do you have any amenities? Community pool? parks? The monthly fee usuallly pays for these items to be maintained for the good of the community.If you have an issue with your board, run for a position and try to make some changesGood LuckJohn VescovaRE/MAX Desert showcasewww.JohnVescova.com

JanetP · 23-04-08

It is legal because every person living there volunteered to join and wanted those rules in their neighborhood. The HOA existed before the homes did.