that sounds even more unconscionable then. You can't just put whatever you want in a contract if there is no way to bargain out of it and expect a judicial rubber stamp. Especially in this case where from what you're saying you can't buy a new home in an urban area without one of these ghastly conditions.
There is no cons utional right to freely associate with one group or another.
There is a right of the people to peacefully assemble, and pe ion the government for redress of grievances as laid out in the first Amendment.
Of course there is also a cons utional right to not be deprived of life, liberty, or property, without due process of law
The simple, dare I say "conservative," solution is to not live there if you don't like the contract.
I wonder what happens if people altogether stop refusing to pay into HOAs or refuse to buy new houses that require they belong to an HOA.
If the Tea Party can organize, surely homeowners can too right?
of course.
problem is, the places where you can choose not to live that don't have mandatory HOA membership and fees is getting fewer and farther between.
On the surface, buying a house in a neighborhood that has a mandatory HOA seems like a good thing, or at the very least, a harmless thing.I wonder what happens if people altogether stop refusing to pay into HOAs or refuse to buy new houses that require they belong to an HOA.
If the Tea Party can organize, surely homeowners can too right?
In reality, it's a money making venture for companies like Associa and the home owner gets very little back out of his/her annual dues.
IMO, the general public still doesn't really know what HOAs do or don't do with the funds collected or to the owners that don't pay up. I think the more stories that come out about homes getting ripped out of owners' hands and mismanagement of HOA funds, the closer we get to legislation.
See Freedom of Association.
Courts have ruled various freedoms associated with the first amendment. This freedom extends to the group making their own rules for operations. Don't like the rules, have a vote and have them changed.
Is it that easy to disassemble an HOA? Or is it locked in by regulations, laws, etc? (Not a "gotcha", I seriously don't know.)
HOA's are a pain. But they serve the purpose for those that want to tell
you how to live in a house you paid for yourself. And make a very good living
for those that manage the HOA's. Our's is small, but still a pain.
Hey CC, ever heard of the Border Patrol? They just might be interested in
a safe house. What happen to the big ranch in South Texas?
In most cases, you need roughly 80% home owner approval for HOA dissolution before filing the proper legal paperwork with local land offices.
How long do these contracts last? Let me illustrate with another hypothetical: I sign with an HOA, get a house, etc etc. The HOA is good for a year or two, then they start failing on the duties they've outlined in the contract (whatever those are *shrug*). Do I have the right to "opt out" or terminate the contract?
What if I just change my mind? Does the contract last until the end of time or what? I don't get how an HOA can own an entire area. Do they own the land as well?
Either that or everyone just quits paying their fees. Which has happened
in some areas.
You claim courts have made various rulings on the freedoms associated with the first amendment and yet your only source is a wikipedia reference. Not one citation to a court case.
Certainly, being a strict cons utionalist you will not allow some activist court to broaden the scope of the first amendment to include something that is not specifically spelled out in the text. Or perhaps you need a judge to wipe your ass.
I'll ask again. Can you point to me where the cons ution grants the freedom of association. I don't think you can.
You don't really "sign with an HOA".....
if you want a house, if there is an established HOA in the community, then you will be bound by the deed restrictions to be part of the HOA and pay dues.
The only land an HOA might own other than a meeting place or rec area would be the streets if they are within a gated community, the community being commonly referred to as a Planned Unit Development (PUD).
As long as you own the house and the HOA is still in tact, you are required to pay dues. No way out.
If you feel an HOA has failed to perform up to it's duties, chances are that you will have to sue them......Still not the way you can get out of the HOA.
Depends on the state and the actual contract. It is not uncommon in some states for the developer to run the HOA until the development is completed and then sell the HOA to the HOs.
Most HOA will have a dissolution provision. There should also be a provision for removing the president and the board. If I were involved in this particular case, I would first search for the easiest method to have the Board and President removed. It is amazing what a little pressure can accomplish.
Those would be the easier ones to dissolve.
Most new developments that I'm aware of turn the HOA management over to a company...........like Associa.........which makes the process that much more difficult.
just curious, do you have a link to one of those instances?
See, that makes no sense to me. If I own the land, I should be able to do whatever the heck I want with it. (Ok, I'll allow city ordnances to hold sway.)
Where does an HOA get the right to force me to join?
I'm saying that is all the regulation needed. Make it actually controlled by the home owners. When you try to regulate what some authority can and cannot do, then you also end up infringing on completely cooperative efforts too.
The HOA is usually established before you buy. Housing laws make it a requirement that you know you are buying into such an agreement.
I see HOA's as useless for me as Timeshares are. You pay far more than you get. You are agreeing to live under other people's rules. I see owning a house in such places no better than allowing yourself to be an indentured servant. Your ownership is no worse than renting.
Still, some people like the standards they enforce. Some established communities set up their own.
From the small amount I've read, I agree with you. I figure, if I buy land somewhere, it's MY house and I can do what I want with it. That's why I'm waiting until I get out of the military to use my VA loan and settle down with my dream house.
If it's a newly built house, enjoy your dreamhouse out in the sticks.
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