Some people - Proof HOA's create dictators!
Oct 10, 2008 at 3:05 PM Thread Starter Post #1 of 15

kydsid

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Saw this in another forum.

My feeling is if the developer will make those same statements in the local VFW hall the owner should come home and landscape the place.
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Local News | Kennewick reservist faces threats over landscaping | Seattle Times Newspaper

Quote:

Originally Posted by the Seattle Times;
Lt. Burke Jensen was called five months ago to serve his country in Kuwait. Now he is being told to get an irrigation system and landscaping on his property as soon as possible or face legal action from the Oak Hill Country Estates Homeowners' Association.


 
Oct 10, 2008 at 3:13 PM Post #2 of 15
Quote:

Originally Posted by kydsid /img/forum/go_quote.gif
My feeling is if the developer will make those same statements in the local VFW hall the owner should come home and landscape the place.
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You could sell tickets to that.
 
Oct 10, 2008 at 3:58 PM Post #4 of 15
Can we send the supreme commander of the HOA guy to Kuwait instead? What an irreverent waste of flesh.
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Oct 10, 2008 at 4:37 PM Post #7 of 15
wow. what a dick.

i can't believe he has the nerve to go off and fight for our country while leaving his lawn in disarray.
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Oct 10, 2008 at 4:38 PM Post #8 of 15
Whilst I think the developer is being unecessarily mean spirited, impatient and anally retentive , the home occupier ***did*** sign a covenant, a legal document, and is as far as one can tell is legally bound by it.
 
Oct 10, 2008 at 4:52 PM Post #9 of 15
Quote:

Originally Posted by nick_charles /img/forum/go_quote.gif
Whilst I think the developer is being unecessarily mean spirited, impatient and anally retentive , the home occupier ***did*** sign a covenant, a legal document, and is as far as one can tell is legally bound by it.


It's likely he didn't sign it, but he's bound by the covenant anyway. That's the trouble with moving into a HOA-controlled area, and why they're best avoided.
 
Oct 10, 2008 at 5:03 PM Post #10 of 15
Quote:

Originally Posted by AlanY /img/forum/go_quote.gif
It's likely he didn't sign it, but he's bound by the covenant anyway. That's the trouble with moving into a HOA-controlled area, and why they're best avoided.


If he did not sign the covenant and he was not presented with the content of the covenant when he purchased the house he may argue that he did not agree to the terms and that such terms presented post hoc are not bindable ?

When we bought our last car in the US there was a clause that required us to agree to arbitatration in the case of serious problems i,e not be allowed to take indepedent legal action, since 95% of such arbitration cases are decided in the favour of the seller we declined to sign it and had it removed from the contract.
 
Oct 10, 2008 at 5:16 PM Post #11 of 15
Quote:

Originally Posted by nick_charles /img/forum/go_quote.gif
If he did not sign the covenant and he was not presented with the content of the covenant when he purchased the house he may argue that he did not agree to the terms and that such terms presented post hoc are not bindable ?


Real estate covenants are not like contractual covenants where a bona fide purchaser for value without notice is not bound.

You cannot choose to not be party to a HOA in a HOA-controlled area, any more than you can assert mineral rights if your property doesn't come with them.
 
Oct 10, 2008 at 5:34 PM Post #12 of 15
Quote:

Originally Posted by nick_charles /img/forum/go_quote.gif
If he did not sign the covenant and he was not presented with the content of the covenant when he purchased the house he may argue that he did not agree to the terms and that such terms presented post hoc are not bindable ?

When we bought our last car in the US there was a clause that required us to agree to arbitatration in the case of serious problems i,e not be allowed to take indepedent legal action, since 95% of such arbitration cases are decided in the favour of the seller we declined to sign it and had it removed from the contract.



Just means you get screwed by the dealer arbitrator before you sue. Its funny, arbitration is supposed to be payed for by both parties and the dealers pay 100 percent for the arbitrators, gee I wonder who they will side with???? That whole thing is a huge scam.
 
Oct 10, 2008 at 5:34 PM Post #13 of 15
The difficulty is that if you're not in an HOA, then your property guidelines are enforced solely by your larger jurisdiction, either municipal or county.

Then what do you do when your (resident) neighbor decides to run a welding shop out of his garage between midnight and 3 AM? It's doubtful that anything in city or county regulations forbids this, and while those can be changed who else cares but the guy's neighbors?

HOA's are like clubs. Join them if you think like them. Most fizzle out after the properties are 15 years old or so anyways.
 
Oct 11, 2008 at 12:23 PM Post #15 of 15
Quote:

Originally Posted by AlanY /img/forum/go_quote.gif
HOAs are a huge red flag for me. It's a shame so many neighborhoods have them these days. In my view they lower the property values, not raise them.


X2. HOAs are generally a small band of bitter control freaks without lives, or friends.

I'll take a few purple and pink houses in return for freedom, thank you.
 

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