The Coronavirus thread

Personally, I think HOA's should NOT want legal trouble whether they can win or not, and follow a formula of ggggH in the contract.

Gentle reminder, Gentle reminder, Gentle reminder, Gentle reminder, HAMMER! You should anticipate difficult residents once in awhile, and give them plenty of rope.

If it finally comes to legal trouble, you've got plenty of documentation of being reasonable with warnings. Unless it's something serious like sanitation problems. But Decorative differences, BFD! Go lightly.

Quote: rxwine

If it finally comes to legal trouble, you've got plenty of documentation of being reasonable with warnings. Unless it's something serious like sanitation problems. But Decorative differences, BFD! Go lightly.

Except they do not "go lightly." There is money in violations. Lots of HOAs run by professionals. More violations means more money.

That we had to make a law saying a HOA cannot ban flying of USA Flag tells you all you need to know.

Quote: rxwine

Personally, I think HOA's should NOT want legal trouble whether they can win or not, and follow a formula of ggggH in the contract.

HOA has no choice
Either one lawsuit enforcing the covenant the homeowner agreed to by purchasing the house. Read the covenants. If you disagree, dont buy the house.
Or
Hundreds of lawsuits from homeowners against the HOA for not enforcing the covenants.
It's a no brainier, one lawsuit vs hundreds.
One lawsuit, HOA on firm legal ground and will win.
A HOA not enforcing covenants is on very shaky legal ground and will lose.

I as an association President was reluctant to order landscaping reversal. I had no choice. I let one person violate the covenants , we now have a slippery slope as more homeowners insist on violating the covenants due to exception made. As an HOA president, you must treat all homeowners the exact same regarding the covenants governing the community. Exceptions cause legal problems that cant be defended and would bankrupt the HOA.
Look at it this way
The homeowner is paying for both sides. He has to pay for a lawyer. The opposing lawyer is being paid for by him also with his own HOA fees. The homeowner has a weak case and he is paying for both sides.
It's simple contract law. The covenants will prevail.
That's why the picture is totally meaningless, all court arguements will be on what's in the covenants

Disagree with the covenants. Fine. Get Together with the neighbors. Majority agree, covenants can be changed at an association meeting with votes mailed in or voted at the meeting.
Just deciding to violate the covenants on your own is not the way.

Quote: JimRockford

So many qualifications

The qualification should be how rich countries are.
With the resources of the USA, we should have done the best on the planet. Instead we are worse. There are much poorer countries kicking our ass regarding this virus simply because they took it very seriously
Sad

Quote: terapined

HOA has no choice
Either one lawsuit enforcing the covenant the homeowner agreed to by purchasing the house. Read the covenants. If you disagree, dont buy the house.

I understand that, but what I'm saying is an HOA should be a neighborhood advocate.

Should is the word. You know how many long running feuds start over petty differences? Keep the lawyers out. (sorry lawyers).

What I'm saying is the design of the covenant enforcement should be very neighborly, until there is obviously going to be no cooperation. The hammer is always there if necessary.

A landscaping difference shouldn't lead to war.

I am a fan of HOA's and i was cited for having a bent window blind. In one of my spare bedrooms I have those cheap metallic horizontal blinds. The cat decided he wanted to get into the window and bent the blinds to get in. I was cited for $50 but it was dropped when I straightened out the blinds.

Quote: DRich

I am a fan of HOA's and i was cited for having a bent window blind. In one of my spare bedrooms I have those cheap metallic horizontal blinds. The cat decided he wanted to get into the window and bent the blinds to get in. I was cited for $50 but it was dropped when I straightened out the blinds.

That is a perfect example of why I hate them.

Quote: AZDuffman

That is a perfect example of why I hate them.

I can't imagine living in one. I do
whatever I want here. I could have
30 bird feeders if I wanted and a
chicken coop. It's zoned rural,
not residential.

I'm just surprised that any of the HOA stuff became political. I don't think it speaks to political proclivities at all. I think it's just a bunch of perfectionists who want to live in absolutely pristine conditions that want to be surrounded by other perfectionists who think the same way. "A place for everything and everything in its place," type folks.

I don't go around asking everyone who lives in an HOA and who doesn't, but I do know there are any number of people of all political ilks who come off as obsessive about cleanliness and presentation to the point of perfectionism.