Lamh Foistenach Abu!
Posted on 09/24/2008 6:41:20 PM PDT by MrChips
“Why would anyone willingly live in an HOA unless you love being controlled?”
Because in central florida you can live in a HOA, 50yr old home or build a custom house.
I aint rich enough for custom, and 50 yr old homes tend to blow away in hurricanes after the termites eat them up. That leaves the HOAs.
Id just assume live in a trailer as to live in some subdivision where you cant have control over your own property, I dont see how people even consider it theirs when they have so little control over it. We have 50 acres here in Ky and I would NEVER live in the city again.
Like I said, you simply do not “own” the land outright. You own certain aspects of the land, like the right to occupy it with a house and your person, etc. However, you do not own the right to put up a sign on the land. That right was not included in the bundle of rights that you purchased when you bought the property. Just like you did not buy the right to obstruct a gas main that is on your property, or build a structure that will interfere with electric lines, etc.
It depends on how the property is titled. One of the lawyers here can explain better than I fee simple versus other property transfer methods.
LOL!!!!!!!!! There is a solution to every problem when you are creative enough!
Let me guess, you are someones ex?
First question I ask whenever looking at a property is: "are there any covenants? If so, describe them."
(But I am a frustrated ham radio operator...covenanted properties do not go well with radio towers...but we're well trained to ask that question up front)
Great post. Most people never have the chance to fully comprehend the paperwork shoved in front of them at closing. It takes the lawyers hours to prepare for closing, and all seemingly minute details (until move-in), even though spoken aloud, are not always fully comprehended by the purchaser at such a stressful time. Lenders, attorneys, title companies are certainly in the know, but don’t always take the time necessary to explain the conditions completely and at length to the purchaser.
Best Regards,
BR
i remember a good while back some higher court cases with the outcome of even though you buy a property with certain restrictions, they still cannot violate the intent of the 5th amendment... it is still your property... and regulations are akin to extortion... your signing on to an HOA would be under duress...
an author of an editorial said the decisions would be like the brown vs boe... liberating...
haven’t heard much about it lately though...
i’ll try and search it...
t
Just add a sign that says "Presidential Retreat House Being Constructed By: above the sign, let then know that you are preparing a retreat for President McCain or Vice President Palin should they want to swing by...
Not me I won’t have anything to do with a HOA, ever. Yours might be OK for now. But eventually you won’t be president anymore. And the pattern of HOAs is that eventually they get taken over by empire building scumsucking busy body SOBs. Then the stupid rules, no signs, preselected paints, no external decor, not those kind of plants, come in.
And I ain’t in a tarpaper souvenir shack. Of course with that kind of holier than thou everybody else must be a loser attitude I’m thinking your HOA does have those kind of rules. Because that’s the EXACT attitude that makes those kind of rules.
You live in America! You live in the deep South!
You live in a covenanted community with legally binding restrictions in a legal contract that you voluntarily signed! You are bound by the legal contract you voluntarily signed!
Welcome to the "Rule of Law"!
I live in America. I no longer live in the deep South.
However, I do not live in a covenanted community with legally binding restrictions in a legal contract that I voluntarily signed so I can put whatever sign I d@mn well please on my lawn.
If you don't like the restrictions, don't move into a neighborhood that requires you to legally agree to restrictions you are not willing to abide by.
End of discussion.
HOA’s have the power to evict, lien, and sell property, and every homeowner signed off on it. That about sums it up. Your advice is horrible as the HOA is armed to the teeth in a legal sense.
You are missing Article 1 of the U.S. Constitution, which contains explicit protection of contracts. You signed it, it is the law.
I'm not an attorney, but I think they may be able to claim a tort (legal harm), same as when you break any other contract that you've entered into.
I don’t see how encouraging someone to have integrity is low.
Lamh Foistenach Abu!
rules is rules. But, one way around it would be to put the sign inside a house window, garage window, in the back window of your car, or maybe even taped to your front door.
If you can prove that none of the documents you signed at closing invoke the covenant, you have a case. But failure to read and understand the documents you signed is not a valid legal reason for invalidating the contract you did sign - which is to assume ownership of the property with the restrictions as noted in the deed, etc.
I am not a lawyer, but these HOAs and their covenants are assigned to the property - much like an easement.
I would be willing to bet that the covenant agreement is covered under the mountain of paperwork you signed, including at least one signature indicating you understand the paperwork (whether you read it or not).
Please forgive me for being invasive, but where did you live prior to this? Did they have a HOA there? Are you mad at all HOAs, or just the the one that you currently has you under their jurisdiction? Is this the first time you have been subject to the ordinances of a HOA?
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