After expressing their utmost sympathies and saying they'd help any way they could, mere weeks later they put a legal "estoppel" on the sale of the house due to some overgrown vines(?), which of course, were never mentioned by anyone.
Regardless, they made a simple issue (which was not disclosed at least to me) a legal hassle.
Would be better to say "I can run a research agent session and it can pull 5 data trends and papers that show the HOA are making things better" (I dont know if this is true and I did not do it)
I don't really think HOAs are the biggest driver of home prices/availbility one way or the other though.
80% incoherent narration of random numbers, all down to the 1’s place so it looks super duper precise and impressive if you squint and don’t think too hard, like the “author” seems to have done.
>Florida ranks 1st of the states on HOA Spy for foreclosure suits brought by associations, with 10,296 of 14,168. The count depends on which courts are indexed in each state as well as on the associations, so it is a count of records, not a rate.
Florida is known for having the strongest "sunshine" laws in the country, that make government records transparent. That makes this statistic pretty useless.
> They foreclose on their own members, over debts that start small
There are members who refuse to pay special assessments or fees for the community. Given that's Flordia, theres an above average population that would believe "they aren't required to" even though they accepted it when starting. (yes there are abusive HOAs and there are non-sense fines.. and sometimes those nonsense fines come from people neglecting the property in a very bad situation)
It's your job to handle it when it's a small situation. Moving to the stage of liens takes more time to do that and then resolving that usually happens on sale or refinancing.
No surprise, it reeks of being written by an LLM.
This site seems to provide some data that's compelling. I see some gaps in California and a couple of liens that mention FL in Los Angeles. Maybe it's a starting point if moving though. This kind of transparency is a good thing. Some HOAs are abusive.
If you live in close proximity to other people, you should not be allowed to do whatever you want on your private property.
Pretty much every municipality already has laws that limit you in that manner.
Funnily enough, there does seem to be a sort of wannabe HOA in my neighborhood that is always dropping things off in our mailbox asking for donations and telling us about events. I never give them any money, and never go to their events though, so either they don't provide any value or the value they provide apparently is not derived from them having any enforcement power.
Condo rules are much stricter than HOAs
State of Florida also puts caps on fines - the max is $100/day or $1000 for a single violation. But that’s after a period to cure and then due process meetings (made up of homeowners not board members) who may waive or not fine at all or defer.
A homeowner can also fix the problem and later have the same problem again but not be fined if they fix in time.
The foreclosures are for extreme cases and a lot of HOA attorney shops don’t charge a retainer but will tack on fees that are paid back to the HOA attorney and association.
To get to that point takes a long time
The near universal proliferation of owner's associations and management groups and whatnot for developments larger than ~1ac (the EPA threshold, some states/towns have lower) is something you can lay at the feet of the Clean Water Act and it's implementation and precedents over the following decades.
Developers don't do anything that costs money, like set up an HOA, without a reason. The developers create the HOA because you need your >1ac residential development to pass stormwater permitting. While you theoretically could make each individual .25ac parcel you're putting a house on compliant as a standalone it's infinitely cheaper to just ignore all that, grade everything toward the road, dig a ditch, send the contents of the ditch through your stormwater treatment features, build in a little margin to those items, show the permitting authority the numbers that prove it passes with flying colors and when some jerk says "but what if X Y Z changes" you point to the excess you built in and tell them to GFY.
Now, where it really gets evil is when you start really pinching pennies or where the rules change over the course of the process making your numbers not work. Say you've got a lot of grade, a lot of rainfall, a lot of stormwater you gotta "treat". Well, you start adding rules to the HOA. Require certain parts of the lots remains grass or planter or whatever. Disallow patios, but do allow wood decks because the municipality considers those pervious, etc, etc. Or maybe the results you've got are marginal but you throw the bureaucrats a bone by saying you'll disallow car-ports and sheds in the HOA rules to prevent people from adding impervious surface. Or maybe you're uphill of some wetlands but not close enough to be regulated by default you promise to disallow working on cars and require people pick up their pet waste and not use lawn fertilizer or some other laundry list of certain things in order to make the local town's wetlands people comfortable not raising objection and claiming jurisdiction.
And of course, however these rules and plans shake out, the HOA is responsible for enforcing whatever those rules and requirements are in perpetuity so it's not like a pissed off majority can show up to vote "ok, this has gone too far, pack it in boys"
But nobody wants to talk about any of that because it's uncomfortable.
The latter, because I can kick them out of office, and because silly rules will impact a much larger number of people, and a large number can have their voices heard.
When your HOA has only 20-30 members, variance is high. It's a lot easier for people to abuse HOA power for their own personal gains.
People should instead think in terms of ends. Human beings are social animals. We have obligations toward others (here, the community). That includes obligations that concern the environment that the community occupies. So the fruitful focus of energy and debate should be what this means for the community (what are these obligations, and why) and if and how to regulate them.
Where I’ve bought houses, HOAs were rare. I’ve always heard about these places where HOAs are the only option but I fortunately haven’t run into one.
Maybe HOA's are bad, maybe they're good, but the intellectual laziness required to shit this kind of garbage out onto the internet in place of genuine thought and analysis will fuckin kill us all.
If you want to live in an apartment, but - get the tax and investment advantages of owning then you need to do it via buying into a corporation of some sort. So they must exist.
If you are not paying on upkeep of your house they have to do something and that is going to be expensive, they have a right to get that money from whoever didn't pay not spread it out to the other owners.
While it isn't called foreclosure if you don't pay your property taxes your house will be foreclosed on. That an HOA can is just another entity.
There are a lot of people who live in Florida so I'd expect them to have a lot of HOAs. The only surprise is California doesn't beat Florida in this list, but that could well be a case of California has stupid laws and so you can't get the good parts of an HOA.
These is a lot to hate about HOAs. However the idea is sound and they can do good things. We need to stop the bad things that they do, but nothing that in the article points to anything bad.
The only way you get in that situation is by not paying your dues. Some HOAs may be more or less aggressive in handling it. But when you can't pay your dues, the other homeowners have to pay for your share
Dues are just a mandatory part of being in HOA that reflect the costs of the community
I (thankfully) live in a neighborhood without an HOA. Just one block away, there is an HOA. No reason to prefer that street (and home values aren't higher there).
This isn't an upper class neighborhood. It's mixed. Half of the residents are blue collar workers.
Over the years, I would think of reasons/annoyances where I'd say "Yes, while I'm glad I don't have an HOA, if we did have one it would take care of this or that annoying problem with the neighbor."
Then I spoke to friends who live in HOA neighborhoods and are on the HOA board. They told me clearly that "No, in practice, the HOA is not going to get involved in those (serious) matters. All they care about is the veneer (house appearance) and really petty rules." They also told me the purpose of the HOA was to justify its own existence. The owners get almost nothing for the funds they collect, other than a 3rd party company driving by and noting minor violations.
Another friend just had to spend $4000 to paint the front of his house. He's temporarily living in another state for a work assignment, and he and several others got notices that the HOA has decided to change the "look" of the neighborhood. Otherwise his house looked fine (not worn out paint or anything). I bet someone in the neighborhood has friends with a painting outfit.
I can stomach the idea of an HOA if they solved real problems (sanitation, etc), and not just appearances, but they don't. Even if it's in their bylaws, they don't enforce the serious stuff. Just the petty stuff.
Someone losing a home because they decided to have a window AC facing the street is plain immoral.
Oh, but if you want to do anything, you still need to pay those permit and inspection fees! No, we won’t help you find a paver at a reasonable rate even though putting those contracts out to bid is what we do all day long.
What is really bullshit is that HOAs aren’t granted a property tax abatement for absorbing many municipal functions.
You can say the exact same about the government. To be clear, are you in favor of more liberty for homeowners, or are you in favor of the government stepping in to regulate HOAs?
Then I moved to one in North Carolina that was god-awful. Dues started at $65/month and went up every year. They’d send out neighborhood reminders that a pressure-washing service would be in the neighborhood next week if anyone wanted to hire them; anyone who didn’t got notices a few weeks later that they needed to pressure-wash their driveway and/or house. I also had to buy a specific brand and sheen of paint to repaint my mailbox; of course, the lettering was only available from a single supplier.
I now live on an acre lot that sits between two neighborhoods. I have no HOA, and it is glorious.
There really needs to be a way to harm organizations that do this. The HOA system is setup where the organization is protected and given the ability to make these kinds of rules. The only real option you have in that is you have to pawn the property off to some poor sucker that will also run into this issue later.
They are not truth or judgment machines.
What's wrong with lavender? Why does everything have to be a boring tan or grey? You sound like the exact reason I would never buy a house with an HOA.
Are you arguing a meta point that there is no such thing as truth because LLMs can make you any counter argument to you want? That seems bleak. Argue against the actual points of the article.
"A foreclosure suit is not a lost home — most end when the owner, or the owner's lender, pays — but the pressure is the point."
Which makes no sense whatsoever. I thought they were making a housing crisis worse by forcing foreclosures, but now apparently "the pressure is the point." The point of what, exactly?
In this context, do you still believe that dealing with this fine should involve the work, effort, resources, legal fees, court time, delays in court availability because healthy 40 year old Jim bob was late for work and couldn't shovel their portion of the sidewalk the last 10 times? Or that the Gen Z, not my problem because I don't think it's a problem.
But that’s all beside the point, because this article is about how HOAs are bad for people who need somewhere to live, not about what offends your (unusual) taste.
This is relative. You might not think native flowers and plants are stunning, and that a manicured lawn is, but I do! And lawn rules might prevent me from obtaining my version of “stunning”. This is something…you want to defend? A lack of freedom to do what one wants with something they own?
I could show you HOA neighborhoods that look like a warzone, and beautiful nonHOA areas of million dollar houses.
I don't give a shit about a "stunning" neighborhood. If I own property nobody else should have a say about its appearance.
The only exception I'd defend is a historic neighborhood where the goal is specifically to upkeep a historically accurate appearance of centuries ago.
But no, I will NEVER support an HOA anywhere else. These consortiums of Karens that patrol modern housing communities can go to hell.
I will plant the flowers I want, have the Halloween decorations I want, and do whatever woodworking I want in my front yard. What's the point of ownership if I can't own it?
Net resolution you lose money living in a worse location.
Most neighborhoods I’ve lived in have not had an HOA. They’ve ranged from okay to great.
I can think of a few neighbor situations where an HOA with teeth would have been welcome. The most specific involved someone getting a big angry dog breed, neglecting it, and then leaving their gate unlocked so it got out. That one was eventually dealt with by the city, though.
Meanwhile the one HOA I lived under was pretty boring and friendly. Didn’t really bother anyone but maintained a nice common area. HOA board members were friendly and reasonable, but then again so were all the neighbors so there wasn’t much to deal with.
I think the nightmare situation is a busybody HOA that starts going after things that don’t matter, which would be hell.
What consequences are sane for a member who does not pay dues, water bills, etc., for a prolonged period? Turning off the water is illegal here. Liens get ignored. My HOA will avoid foreclosure for years, and has only resorted to it twice in twenty years, but it's the ultimate recourse. Should the other members just suck it up forever?
Also, once in a decade is not a rare occurrence for events of this significance. Once in 20 years is OK, once is 50 is rare, but once in a decade is not.
I mean, the idea is nice, but it involves humans.
given that an HOA is completely unnecessary... yes. you should suck it up forever. if you want to be part of an HOA and pay dues into it, good for you, go ahead.
if somebody else doesn't want to be part of your little club, why should you get to take their house away for that?
Typically the HOA's I've seen manage community resources. Where I used to live that meant the neighborhood parks, green spaces, 3 docks in the river, a pool, and a few lakes. No value seems a bit hyperbolic.
most HOAs manage a tiny amount of communal green space that should have been turned over to become city property, but was held back as HOA property to give the HOA a reason to exist.
You can put in a special district, that's an HOA under a different name, with even more government powers and bureaucracy costs. For example, you vote on stuff via the general election, they can seize your home for unpaid property taxes, they can impose zoning laws, and in some places they can impose criminal ordinances (dog pooping in the park).
I think we have the wrong units of measure for government size. I live in a county where the lines made sense 200 years ago: Everybody in the county can ride their hose to the courthouse, file whatever they need and be home in time for super. These days everyone drives and can be there in half an hour or less. Instead what I care about is the metro area. I want a unit that ensures my transit system is a coherent whole, the water supply is cheaper to consolidate to one large entity vs many small ones.
There is one suburb near me where some people would have to drive 25 minutes to get to the city library - most of that is uncongested highway. I really need a smaller unit to own and run a library so kids are always in bike distance. That city does a good job of scattered small parks but there is one complex with large fields for softball - if you don't live close maybe you shouldn't pay for something you don't use. I want parks owned by a smaller area government that can bring my neighborhood something they don't have. - HOAs often serve that. They just have a poor legal structure.
If you own part of a shared walls building then a corporation is required to manage that. You have to pay your share of the share costs. However the corporation should be limited in what else it can do, but it must exist.
> they should lose access to the pool, not their house.
To enforce this you have to be able to gate, secure, and prevent them and their guests from using this. That costs a lot more money just to ensure they pay in. The HOA is the least worse option to "consent" and ensure that they do. Taking away the house is a much later step after a letter, 2nd and 3rd warnings, fines, ignored fines+interest, and a lein is ignored.
Because they signed the paperwork saying they wanted to be part of the little club and gave that little club the power to take away their house.
This is true sometimes, but if you are upset at a specific HOA, look at your docs to see what it actually manages. HOAs exist to pay for community obligated costs; sometimes that is a pool, sometimes it's "water and gas bills", and sometimes it's an entire golf course.
Further, if you're talking about a condo building (which, yes, is technically a COA, but the two get combined all the time), it is literally paying for your roof and elevators to work.
Buying into a "little club" and agreeing to pay your share of expenses only works when everyone participates. If not, your neighbors are just paying upkeep on your property; why should they have to do that?
Until the house is sold or refinanced. Yes, the HOA has to wait, but can eventually get its money with interest.
HOA should be allowed to kick out member. And people should be allowed to not be members of HOA.
Just like labor unions (ie. "right to work" states), right?
HOAs don't add value. All they are is an opportunity to power trip for those who have the most free time on their hands.
I'm sure the people who support right to work laws would also claim labor unions "don't add value". On the flip side I doubt HOA supporters think they "don't add value".
Also I'm a firm believer that if you're at a union shop and decide not to be part of the union you shouldn't be able to use their pay scales and should have to negotiate everything for yourself. The same with HOA's, I guess. If they do something for the community, like the pool the other poster talked about, then you shouldn't have access. Easy.
They shouldn't be able to take your house for any reason.
The HOA hired a law firm, forced a foreclosure, held a foreclosure auction where the HOA itself bought her house for THREE DOLLARS, and continued to charge her HOA dues (even though the HOA owned the home now) before evicting her later.
The HOA then sold the home to an employee involved in the foreclosure, whose partner was on the HOA board that had voted to foreclose, and voted to accept the three dollar ($3.24, to be precise) bid, though they hid this behind an LLC that didn't actually exist when they did it. The employee then reactivated her real estate license and sold the home to another family several months later.
There are fewer greater lunacies than HOAs, and the type of people drawn to run them.
I can't imagine that a good judge would accept that settlement to scam someone out of a house far below value and leave them with the debt.
If you have horrible neighbors you will wish you had one.
You are just making this up at this point. Why do you think the city would accept property that they would have to legally maintain and be responsible for, when it is generally isolated and (largely) accessible to only a specific neighborhood?
At least in theory? Neighborhood "character" (and by proxy "land value").
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