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I am responding to Ms. Pennington's (Arizona) rather long winded opinion of opposers of Homeowwner Associations.
I do attend every meeting of our hoa. I'm also very active in my community, so I'm very well aware of the abuses of power that most of us oppose, in this website. I take issue w/most of your comments, particularly the one about folks not having rights to decorate their homes the way they see fit. I'm not speaking of the exaggarated examples she gives, but everyone's taste & personalities are different.
Why do neighbors and board members think they should have the right to dictate to a homeowner,who by the way owns the property & pays the mortgage, what kind of storm door they can have, what kinds of plants they can plant, etc.No, I don't think you should be allowed to have grass 3 ft. high & cars on cinderblocks left to rust in driveways or backyards, but I also don't think people should have to abide w/rigid rules & regs that don't allow people to express their individuality.
Those of us that don't live in "cookie-cutter", neighborhoods resent these kind of restrictions, especially when they can clearly see board members that don't live by the rules they set for everyone else.Why does this small (minded) group of individuals get to decide what a homeowner(s) can or can't do, without even giving them a choice or a vote?
Things seem to be going well for you (For now), that's great for you, but I think I should have a vote (and/ or) at least choices on what I can or can't do on my own property!I never agreed to these increasingly restrictive rules,as when I first came here to live, this was a brand new neighborhood with a lot less restrictive rules. Yes, I'm all for rules & regulations, but I don't think it's being a rebel to want choices on my own property, my "LAST BASTION"!
Christina Yankson,
Virginia
Posted Apr 21 2006 12:57AM CEST
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CHRISTINA YANKSON
(View Profile)
, Virginia |
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The solution is to abolish Homeowner Associations in single family neighborhoods and let the city hire more people for code compliance and landscape maintenance, if needed.
Eliminate the dues and increase the property tax to include whatever the dues amount was.
Posted Apr 19 2006 8:35PM CEST
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Amy McCorkle
(View Profile)
Rockwall, Texas |
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[I'm not writing this to any specific person. The "you" I'm writing to below are the holders of the mindset that was so excellently stated in the submission I respond to.]
You railed against HOAs pretty effectively, and to you also touched very briefly on reasons for having associations in the first place.
I write because I see no effort to present balance or offer a solution for the original problem. Such a widely shared problem deserves suggested solutions.
At least 60% of our nation calls abortion murder, and the remainder call it choice.
People take those extreme passions home to neighborhoods where they live together with others who have the opposing view.
For that reason it's no surprise that reasonable and educated people can disagree about motor homes, cars on the lawn, black with orange trim as a legitimate if not artistic house paint, what constitutes upkeep, businesses working out of the home, and every allergen under the sun being planted in a neighborhood that both appreciates greenery and suffers runny noses because of it.
HOA's are the solution, and the solution is not doing away with HOA's.
I learned in business that when some-thing's broken among the considerations are simply fixing what is broke, we may not live where the choices realistically include disbanding a thing or replacing it with another.
There too, at a national level some want a strong national defense, and others who would disband our military only wanting international law and dialog in its place; again those diverging beliefs are coming home to the same community and living one door away from each other.
If a HOA Board is governing in excess then there are legitimate and workable ways (between elections) to take them to task, in fact the entire CC&Rs could be rewritten, or dispensed with if that's the decision.
Then there's always the election which can be used as the ultimate tool to make sure representation of the homeowners is relevant. The last two generations think that conformity is a bad thing.
I have to chuckle when I muse about high-schoolers who loath conformity and then all wear baseball caps backwards with baggy pants to express their uniqueness. There is no entitlement for you to do whatever you want on your own property, so don't get outraged when you are reminded of that by anyone or anything in authority over you.
The greatest generation had the good sense to enjoy their freedom and individuality without letting it infringe on their neighbor as a matter of courtesy, consideration, and dare I say, good taste.
The more recent generations learned to question authority, in some cases even rail against it, and where possible disband it as not being necessary. The problem is that it's more necessary for our neighborhoods now than it ever was before, and that's the dirty little secret behind the explosive growth of HOAs.
We all have our proclivities, and we want to live them out without restriction, and we don't want anyone in a position of authority to pass judgment.
It's time to grow up and work together, we have a problem that can be solved. We only need laws now because an incredible amount of selfishness has replaced accommodation of one neighbor for the other.
We live in a day and age where we are being subjected to increasingly more specificity in our laws regarding our behavior, and that's because we don't seem to do the right thing by default any more. The solution is going to be more statutes and restrictions or more accommodation as a way of life.
Selfishness doesn't have a good payoff for anyone. If it's broken, fix it, if it ain't broken leave it alone.
One point in closing, it's been my experience that those who complain the most and the loudest often don't make it to the annual HOA meetings.
Some also spurn the nominating committee when it comes around for volunteers to serve on the board. If you don't vote or serve you relinquish your choices to those that do. Shame on you if you let others try to serve and simply complain about the result. It's similar to how rarely it is that more than 30% of us turn out for a national election.
People of good intent, in possession of the big picture and respectful of the importance for the rule of law, need to set our infrastructure and mindset back about 55 years so that selfishness and entitlement are not dominant in our society. None of us will like the laws that require of us what we could have enjoyed giving and receiving.
Posted Mar 23 2006 2:49AM CET
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Dean Pennington
(View Profile)
Tucson, Arizona |
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AHRC has reprinted an excellent 2003 article by Sharon Bush, originally published in the Western State University Law Review.
Long, but very good, and appropriate material should be quoted in your fight for our rights.
Beware the Associations - Associations Control You and Infringe Upon Your Inalienable Rights!
George Staropoli
Citizens For Consitutional Local Government - George K. Staropoli
Posted Mar 1 2006 4:33PM CET
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Username withheld
, California |
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Thank you Sharon. Your article was so well thought out and researched. The case citations are especially helpful to me.
My big objection is the lack of Judicial Foreclosure that occurs as a result of California's Davis Sterling Act, and the sad, resulting losses over and above the normal foreclosure actions which occur Judicially, except under Davis Sterling. Innocent, uninformed, members of HOA's not only lose their homes but their equity and many times life savings.
Do you represent clients in some of these actions? I personally don't have a problem, but this just irks me. What happened to the law of "Equity"? Thanks for your submission.
Posted Feb 28 2006 4:10AM CET
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Mark Schoenfeld
(View Profile)
Hawthorne, California |
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You are so correct! Anyone entering into purchasing a home in a homeowner's association should read the CC&R book given to them before signing! Most people do not do this, and it either hurts them or another problem it creates is that there are people who feel they have rights they do not have and harass their neighbors. BOD's and the management companies like this, they want disharmony, as this allows for the CAI attornies to get involved. It's a money-making scam!
I could say much more, but the most important thing is what you stated. Everyone needs to read and understand the CC*R's of their community! This will not completely protect you, but it will help one know their rights if their rights are being taken away or challenged by neighbors, BOD's, management company, etc.
I have spent $2500 so far on an attorney for things approved on my property by my association architectural/landscaping committee which I have kept in pristine condition, to prevent from being destroyed. All because of two homes not adjacent to my property, who want to look down through my backyard for a view. Very irrational, stubborn, selfish, cruel people who have harrassed me for 6 years unjustifiably.
Posted Feb 21 2006 2:47AM CET
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Username withheld
Laguna Niguel, California |
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I first read this paper from the Western State Law Review. Excellent paper. Very well researched and documented. Well written.
The paper clearly shows that the necessary corrective actions for the abuses and poor governance in property owners associations cannot be achieved through the courts. Some degree of predictability through the courts is possible only for the most egregious cases, as Ms. Bush describes.
The corrective action required is through the legislature to create a democratic governance with separation of powers, due process, limited authorities for the association, independent judiciary, checks and balances. Members should be involved in actions that affect members' rights, benefits, privileges, dues, assessments, and obligations.
Posted Feb 17 2006 12:29PM CET
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Username withheld
, Michigan |
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