HOA questions

[Moparracer89]

How would one go about finding out if my home is in a HOA? This information would have had to be disclosed at closing wouldnt it?

There was never any mention of my property being in a HOA, I dont pay any dues, and was never issued any covenants. Strange thing is, my neighbors seem to believe we are and have covenants, but no one can produce any documentation.

 

[woodsie57]

I lived outside martinsville ( ranch trail)- we had some rules, but it was really informal- never saw anything in writing. Only a dozen properties or so. Mainly covered what type house you could build

 

[Cameramonkey]

If you dont pay dues and there is no covenant you signed, ask your neighbors to produce one. If they cannot, tell them to pound sand. Politely of course.

I have never heard of a HOA without dues nor covenants. IANAL/IANAREA but as I recall, HOAs are an absolute requirement to be disclosed by the seller. When we bought our house we specifically sought out non-HOA neighborhoods to avoid little Napoleons dictating which direction and when I was allowed to fart, and how bad it was allowed to smell.

 

[Moparracer89]

If you dont pay dues and there is no covenant you signed, ask your neighbors to produce one. If they cannot, tell them to pound sand. Politely of course.

I have never heard of a HOA without dues nor covenants. IANAL/IANAREA but as I recall, HOAs are an absolute requirement to be disclosed by the seller. When we bought our house we specifically sought out non-HOA neighborhoods to avoid little Napoleons dictating which direction and when I was allowed to fart, and how bad it was allowed to smell.

As did I, and I have told the neighbors that. They only mention it when we get on the subject of me purchasing one of the empty lots and putting up a pole barn.

 

[AngryRooster]

HOA's can pound sand. I'm glad we're rural.

The HOA test is to hang a flag, put up a HAM antenna, have a nativity scene & paint something so it doesn't match the house. If you have an actual HOA then one of those is sure to pet the cat the wrong way.

 

[Mr Evilwrench]

If you have real rectal orifices running the HOA and you want to torque their beaks:

1) Pick up an amateur license (it's not hard these days)
2) Put up those antennas
3) Print out the federal code that supersedes rules and covenants against them
4) Offer to explain the code to the judge for them

Our list of rules is pretty minimal, and I don't think anyone follows them. The HOA is about toothless, my next door neighbor being the only one I know of that would do anything if he could. He's pretty well given up, especially with me here poking back at him.

 

[KittySlayer]

I think your starting point might be the County Recorders office. I believe it may be a part of the deed of the property but probably buried in the historical record. Probably would appear in a true title search but no one does those any more, they just buy title insurance.

Payment of dues would not be required for an HOA but documentation of any restrictive covenants would be. If your neighbors can't produce written bylaws then it is just their opinion. And opinions are like _____s, everyone has one and everyone else's stinks.

 

[eldirector]

On another forum I follow (garage journal), there have been many threads about non-disclosure of covenants or restrictions. Title companies, realtors, and previous owners can be on the hook if they are missed, or (worse yet) intentionally not mentioned.

Your County or Town should have info about your property and neighborhood recorded. Start there.

 

[femurphy77]

You're neighbors may be confused, if you are in a city limits you will definitely have ordinances that you have to abide by. Some of them can sound like it's an HOA when in reality they're just city rules. Unless you have a neighbor like Gladys Kravitz like I did once and unless you're an egregious breaker of said ordinances you will probably never hear a thing from the zoning office.

We lived in a neighborhood in Greenwood and were on a first name basis with the code enforcement dude. Nice guy named Tom, we almost got to the point of sending each other Christmas cards each year because of all the bogus complaints our Gladys Kravitz was constantly calling him about. We lived in a cul de sac and of the 6 houses on our street we were making the biggest and most expensive efforts of any of our neighbors to improve our house and property. I finally told the GF one day that it was time to move or I'd soon be staring out of barred windows in a state run hotel. No HOA just busy body neighbors. And for the record not a single complaint was validated.

 

[Brandon]

Should have been disclosed at closing. We bought our place with one of the reasons being no HOA.

Funny little story since I like cars and one just isn't enough we decided to build a car port to house (what started out to be 2 cars but was cut in half to only house one) a car. Our neighbors ran over to say when they bought the land to build their house they signed something saying no carports would be built. I laughed and said at closing we did not sign anything that said that. They wanted to tell me all about the papers they signed while I hammered away.

Other dumb things our neighbors have done: Asked us not to build the fence on the property line so they wouldn't hit it while mowing their back yard. No problem as we built it about 5 feet off the line so our mower could get to the back back yard. They decided they would mow the 5 feet anways because they didn't like the yard being uncut right next to the fence. I don't like the grass to look uncut so it is cut atleast once a week.

Another thing they did was with their sump pump. They had it coming out of their basement, buried a drain line and ended it about 4-5 feet in our yard. I loved the look on their face when I unearthed it and left it about 2 feet in their yard.

Ok /rant

 

[femurphy77]

Should have been disclosed at closing. We bought our place with one of the reasons being no HOA.

Funny little story since I like cars and one just isn't enough we decided to build a car port to house (what started out to be 2 cars but was cut in half to only house one) a car. Our neighbors ran over to say when they bought the land to build their house they signed something saying no carports would be built. I laughed and said at closing we did not sign anything that said that. They wanted to tell me all about the papers they signed while I hammered away.

Other dumb things our neighbors have done: Asked us not to build the fence on the property line so they wouldn't hit it while mowing their back yard. No problem as we built it about 5 feet off the line so our mower could get to the back back yard. They decided they would mow the 5 feet anways because they didn't like the yard being uncut right next to the fence. I don't like the grass to look uncut so it is cut atleast once a week.

Another thing they did was with their sump pump. They had it coming out of their basement, buried a drain line and ended it about 4-5 feet in our yard. I loved the look on their face when I unearthed it and left it about 2 feet in their yard.

Ok /rant

But, but, but. . . . .they were there first you big poopie meanie!!

 

[Tooms]

When you bought your house it would have been explained at closing with documentation.

HOAs are evil. All it takes is one nut job to make the entire neighborhood miserable. I cant wait to move out of the one we live in.

 

[snorko]

Basic covenants and restrictions are typically recorded at the same time as the subdivision plat. They are not usually repeared in the deed but are feferenced. These may be updated as the sub develops. Like someone said, check the recorder's office and be specific for the section or phase of the sub you are in.

 

[eSC]

Covenants, restrictions and the existence of an HOA should have been disclosed WELL before the closing table. It is, in fact, it's part of the offer process.

And it's the responsibility of the seller/listing broker to disclose and provide those documents so that the buyer can make an informed decision.

If you find out that they do indeed exist, and you can verify that there is no documentation to that effect in your closing documents, you may have the option to seek restitution from the seller and the broker(s) that facilitated the deal.

Any Broker worth their salt, title co., or your local county clerk should be able to tell you if your house falls under such restrictions. I would consult with them, not your neighbors. Neighbors are rarely correct about anything.

(Full disclosure: I hold a brokers license)

 

[Brandon]

But, but, but. . . . .they were there first you big poopie meanie!!

 

[Tactically Fat]

Also, it's possible that your neigbor may be in an HOA, but you aren't. I would imagine that's pretty rare, though. It would be a situation where your yard marks the last property in your actual 'hood and their yard marks the last in theirs.

Like another poster said, I bet they're confusing the possibility of local ordinances with an HOA.

 

[spec4]

Just look at your title insurance policy. It will show you covenants, restrictions, easements, and the existence of a HOA.

 

[KellyinAvon]

Has anyone mentioned that the existence of a HOA must be disclosed, a copy of the covenants must be provided, and the covenants document is recorded at the county Recorder's Office? HOA fees are paid at closing as well if there is a HOA.

Town/city ordinances must be considered HOA or not. We've had a few things with the Town of Avon contradict the covenants and we worked with everyone involved. In other words, we're not crazy.

When I was little (3 or 4 maybe) my favorite book was Mr. Pine's Purple House. Mr. Pine lived in a neighborhood where all the houses looked alike. First he planted a flower, then everyone did. Then a bush, and everyone did. Then a tree, and everyone else did too. He then painted his house purple and even though the neighbors wanted to paint their houses purple he talked them into other colors.

Someday I'll write the sequel: Mr. Pine sues his HOA.

 

[Mgderf]

I've only ever had one question regarding HMO's, and that would be,
"Why on God's green earth would ANYONE agree to such nonsense"?

 

[Leadeye]

Love rural living.