How A Wayward HOA Ruined My Second Home’s Community. ( Colorado )

Blue State Conservative ^ | November 24, 2022 | Steven Sorg

[Alberta's Child]

Even if the mortgage is paid off; don’t pay your taxes and the local government suddenly owns it.

They don't "suddenly own it."

The property goes through a tax foreclosure process. And if you have $400,000 in equity in a property with $10,000 in unpaid taxes, the government doesn't get $400,000 out of the deal.

[moviefan8]

The person in the story should have been more proactive like joining the Board and/or becoming a Board member. No sympathy is given by me.

Residents where I live do not want to be Board members or attend meetings.

[Alberta's Child]

Your story resonates with me.

I would add, though, that I would not jump to conclusions and blame the developers for establishing stupid HOA rules. I learned that three general things need to be considered:

1. Developers establish rules based on the legal requirements in the state where the development is located. Those original legal requirements may be completely outdated by the time you get there years later.

2. HOA rules are generally set up to protect the developer until a sizable majority -- maybe at least 75% -- of the units are sold. The last thing a developer wants is to have 40 out of 100 lots sold and then lose control of an HOA board while still trying to sell the remaining 60 lots.

3. The developer's primary goal in setting up HOA rules is to ensure that the homes in the development are appealing to the first generation of owners. The rules that work for the first generation may not be ideal for later generations of owners.

[Alberta's Child]

Or maybe the HOA was established with an expectation that additional homes would be included, but they never were?

[norwaypinesavage]

Check the deed you signed when you bought the property. The only restrictions you are REQUIRED to obey are the ones written on the deed. The HOA cannot enforce anything else.

[Harmless Teddy Bear]

Partly because they are sold to a "management company" that really have no interest in the community they just want to squeeze as much money out of the renters as possible.

I use the word "renter" because these people do not actually own their property. The rights and privileges of the HOA and the property management company trump the rights of the nominal owner.

There is no way for someone to leave the "Home Owners Association" while keeping their home. Any group that will not allow you to leave freely is not a free association.

HOA's as they are currently structured are Un-American.

[Alberta's Child]

The only restrictions you are REQUIRED to obey are the ones written on the deed. The HOA cannot enforce anything else.

That may be true, but in every case where I've dealt with a property owner in a condominium/HOA, the deed to each individual property has a provision that says something to this effect: "... subject to the Master Deed, Restrictive Covenants, and Bylaws of the ABC Homeowners Association ... (etc.)"

And when you look at those corresponding documents for the HOA, you see that the HOA has not only an existing set of restrictions you are required to obey, but a legal process in place to amend them or add more.

[Liberty Valance]

The wife and I were in a HOA here in central Texas for 10 years. Won’t make that choice again but we did sell at almost twice what we paid just 10 years earlier. That was 16 years ago.

[zeugma]

HOAs have always struck me as an unconscionable contract. They force you to associate with people you might not want to associate with. I would never have anything to do with one.

[zeugma]

It's real difficult to avoid them here in Texas. So much for freedom.

You're not kidding. They are a plague.