True, but some of us live in unincorporated areas and HOA regs function as zoning.
I would much rather deal with the people in my own neighborhood than a bunch of government bureaucrats and elected politicians.
If you live in or around a rapidly growing area today you may find that the local politicians are more interested in growing the tax base and getting re-elected than they are in addressing quality-of-life community issues.
Have lived in CA with & without. Would never want a group of strangers dictating what I can and can’t do with my real property I paid for with my blood sweat & tears. It’s bad enough the City does.
Also, you can get stuck with a huge bill if the HOA has neglected maintenance in the past. A retired family member on a fixed income got slammed with a $10,000 bill for siding which was over 10% of the cost of the townhome! Just Buyer Beware.
You’re talking about a condominium agreement… it’s quite different from a subdivision Homeowner’s Association… different rules & different commitment.
That may be true in NM.
Here, Unincorporated Cobb County has a land use plan.
It specifies the various uses allowed from Industrial to Commercial to Neighborhood shopping to Residential including minimum lot sizes.
Occasionally a Developer applies to be annexed to the city of Marietta to get higher Residential Density.
As does our county, but there is much more to zoning than basic land use. Our subdivision was platted and CCRs cover things like building set backs, home sizes, business use on residential land, etc.
The CC&Rs in the subdivision I currently live in has 37 pages of single-space 10-point typeface information.
The difference between governmental laws, regulations and zoning laws compared to subdivision CC&Rs is that the subdivision CC&Rs are a contract of mutually agreed-upon rules and guidelines regarding activity of all the members. The agreement binds the signers of that contract to the conditions specified within it.
Usually local land use laws and zoning guidelines are less restrictive than subdivision CC&Rs. But if the zoning law is more restrictive it overshadows the CC&Rs and the proposed or completed action, construction, etc.must follow the zoning rules. That happens quite often in situations concerning public ROWs, setbacks, etc.
A lot of it is judgmental by unqualified folks with a beef.
I got a letter from my HOA that included painting the Louvers. I do not have any Louvers. I ignored the whole letter. There was no follow up.
Your HOA is only as good as it’s participants make it.
If your neighbor’s house becomes a problem that results in a significant deterioration of your quality of life and the monetary value of your home, the HOA may suddenly be welcomed by you as a friend.
Our CC&Rs are 14 pages not counting the signatory pages. Pretty sure its 12 pt; it definitely has plenty of white space separating paragraphs.
CC&Rs cannot conflict with zoning, ordinances, statutes, or other laws or rights. Most will have a severability statement that provides that if one portion is ruled legally invalid, other provisions remain enforceable.
If a property is subject to both local law and the CC&Rs, the more restrictive rule applies. So if zoning says you can have horses and livestock and the subdivision CC&Rs say you cannot, the more restrictive CC&R rules prevail.
Conversely… if the CC&Rs say a 15-ft building setback is OK and the zoning ordinance says you need 20 feet, the zoning ordinance prevails.
I had an HOA in my old neighborhood. My neighbor behind me was on the board. HOA rules state a fence can be no higher than 6 feet. His was 7. They also said “no dog runs”. Another guy’s house backed to one of the lakes…rather than block the view and access. he put in a wrought iron fence in half his yard so he had a place to let his German Shepherd out, but still allow others to see the lake. The board deemed it to be a "dog run and made him tear it down. He did…and built a 6 food “privacy fence”, taking away a view and access to one of the lakes. Meanwhile, the board member behind me installed flood lights on both corners of the back of his house, which lit up the back yards of 5 other neighbors. Nothing was done because there was nothing in the HOA preventing that. I currently live in a 60 year old neighborhood with an HOA that charges $50 per year and relies on the codes of our city. Works out quite well.
Well, it depends on if it is a restriction or the guarantee of a right. If zoning, ordinance or statute guarantees the right to have horses or livestock or chickens, the CC&Rs cannot negate that right. There was a failed bill in Arizona a few years back that would have guaranteed to right to have chickens in single family residential lots. It specifically would have prevented city, town, or county ordinances or zoning from denying that right, although they would have been able to have some limited control. It was unclear as to whether it would negate HOA restrictions.
More commonly, issues such as flags, political signs, for sale/rent signs and the like have guaranteed rights versus restrictions.
You are confusing basic rights guaranteed by law with restrictions an individual agrees to by signing a contract, CC&Rs are legal contracts.
It’s not unlike rules against someone going shirtless in a restaurant or bathing nude at a public beach. It may be their god-given right to go naked, … but in this context, it’s simply against the rules.
No, I am not. For example, in Arizona not all that many years ago there were no statutes limiting HOA’s ability to regulate flags, for sale/rent signs, solar panels, antennas (such as HAM radio or dish antennas for television signal), parking of emergency vehicles that a resident was required to have at their home, etc. State statutes and/or federal regulations now forbid, invalidate, or limit the restrictions an HOA can place on any of these. Some have undergone several changes over the years. In the case of flags, this year the Arizona legislature added two or three to the list that cannot be restricted.
Welcome to Arizona…
What laws are different in Arizona?
10 Odd Laws in Arizona You Should Know
- #1: Effective Cacti Conservation. …
- #2: Leave Flags Alone. …
- #3: Forget About Imitation Cocaine. …
- #4: Don’t Cross-Dress in Tucson. …
- #5: Do Not Interfere With Crane Games. …
- #6: Arizona’s Official Neck Tie. …
- #7: The Stupid Motorist Law. …
- #8: Rev Your Engines.
The Stupid Motorist Law was passed for a reason.
I was not aware of the law about flags, but there is a very similar law about political signs.
Of course bolo ties are our official state tie… I even wear one of several on occasion.
Oh, and violating the stupid motorist law can cost you tens of thousands of dollars; we want you to pay for your stupid decisions rather than making us foot the bill. Cutting through the gore of a freeway exit ramp can also be expensive.
I’ve lived here for 40 years…
You live in an interesting state in interesting times…
I’ve heard it said that “may you live in interesting times” is a curse. At the moment, I’d certainly agree.