I’m involved in an action in Idaho and contract law applies to CC&R compliance. The same goes for Alaska where an estoppel certificate is required as well.
Real estate transactions are governed by contracts so the line may be blurred as to which one applies, but I believe the definition rides on individual application of the contract law vs group application regarding property law(s.)
Added on 7/12 for clarification: “The covenants run with the land and provide the owners with notice, constructive and otherwise, of the terms contained within the Covenants. Protective Covenants of this type are interpreted pursuant to the law of contracts. Further, the law imposes the implied covenants of good faith and fair dealing on the parties”
Those type HOA are fine by me, my parents have lived in one like that for many years.
They wanted a consistent appearance with the window treatments. I guess they had someone who sheets up instead of proper blinds/curtains. It was added to the CCNR before I purchased but did not take that in to account.
Sometimes the CCNR/Bylaws are outside of the law.
The last HOA I lived in tried to restrict reasonable use.
I drive a rather large truck extended cab/long bed and it did not fit in the garage. The HOA tried to fine me for parking in the driveway.
The city has street permit parking law. I could not get a street permit because I had an acceptable size driveway and enough LEAGAL parking for the cars registered.
We ended up in mediation and the HOA lost but it was heck. Then they started picking on other things like bins must be in by 5pm on trash day until the board prez was replaced.
Now i am not sure if I want an HOA again. I know that was NOT normal and more the former board prez issues…
Go ahead!! I think freedom comes at a cost
So can a Mimosa tree planted next to the property line, a neighbors leaky roof or gutters or a burst pipe from a neighbor. All these can damage your property but your HOA might not want to get involved unless you have a roof color that doesn’t match
Which I support 100%. I prefer city zoning than HOA restrictions
HOAs are good when they apply the covenants fairly to all, which everyone agreed and signed to abide by.
Agree! Which is why we have been maintaining the colors the Builder used. Want as little contact with HOA as Possible.
As long as they aren’t racing the karts at 2am, it would be fine.
How about a 5-person rock band, complete with sound system, practicing 10 hours a day?
Fine that’s freedom. It’s not everyone’s appetite but if you don’t like rules, don’t impose them on others thus if you live outside of an HOA and people live within zoning ordinances don’t be surprised if you have a neighbor that moves in who does as you describe. If you want to prevent people from being loud during daylight hours or parking their trailer in their yard, either enact a zoning ordinance or live in an HOA. If you’re like me who would rather have freedom, an HOA is not your preference. People should have a choice to live in an HOA or not live in an HOA. It’s intolerable when there is a monopoly of HOA in an area with no choice for the homeowners
@Smartpolitics… My point is that everyone has a pain threshold when it comes to the definition of “quiet enjoyment” of one’s place of residence. The value of the homes in a neighborhood with CC&Rs can be substantially diminished when someone moves into that neighborhood and ignores them without the HOA taking action.
With home prices the way they are today, a 10 or 20 percent reduction in value can mean a lot of money.
Don’t think that if I lived in a HOA, this would be allowed. The snowman is 12 feet tall and Santa Claus is 14 feet tall.
But also means a higher property tax assessment or in this case, a lower one. The time you most care about a high value is when you sell, the least is when you buy. I also don’t know if maintenance cost is higher when your property value is higher
Yes it’s a huge issue if your value is 10-20% lower but your replacement home stays the same or goes up. It’s not so bad if you’re home is down 10% and your upsized home is also down 10%
Did someone do that to you? The HOA fees for my neighborhood are $50 per YEAR. My neighborhood is 60 years old. We have chain link fences, that were not permitted in the two previous neighborhoods, because they were ‘trashy’. When I sit in my backyard, it looks like a huge park. You can’t see the fence, so it looks so open. In my other neighborhoods, sitting in your back yard gave you a nice view of your neighbors privacy fence.
No, it happened to a friend of mine.
I don’t think most homeowners would agree with your analysis…
Our neighborhood has reasonable covenants (they don’t allow go-kart or motorcycle tracks) and still allow some pretty large and garish holiday decorations, especially Halloween and Christmas displays.
I don’t like anything about HOA tyranny. But I managed to buy a rent house smack dab in the middle of one. HOA went after the owner and when he got enough he hauled them into court and won!!! House is NOT in the HOA gotta love it. They cannot say squat about paint or grass or garbage cans.
The only capitulation was agreement to pay $2/mo for traveling on HOA streets and of course as a non-member we have no access t little HOA lake side park. Small price to pay.
I’ve never lived in a place with very large HOA memberships. I’m sure that, if it’s very large, almost anything could become an adversarial “us vs Them” situation.
I have owned SFR rentals in large HOAs. I found it best to just comply with the rules and never found them objectionable or onerous. On the occasions where I was notified of violations by tenants, like leaving trash cans out too long, I just forwarded the complaint to them.
If the complaint dealt with property issues, like too many weeds in the yard, I usually took care of the problem by adding professional landscape maintenance to the leases because I have a lawn maintenance requirement in my lease agreements.