The number is higher than ever now for homes in an HOA making it difficult to purchase one within a city that is not part of an HOA especially if it is new construction!
Here is what a local news station noticed.
Why are they loathed
What surprising powers do they have that can wreak you havoc?
HOA Boards try to push
aesthetic uniformity and
preserve property values
Sometimes you find uniformity rules like this
or those that pertain to not only the color of paint for your mailbox,
but also only 1 post you may purchase
and only 1 type of mailbox you can purchase
right down to WHERE you must purchase it.
Some say this is com______.
Is it? You decide!
Some HOA boards bolster what
some may feel are outlandish or encroaching requirements
on homeowners in their neighborhood
with their justification of, "It's in the CC&R's or By-laws.
But is it?
Some go quite far which begs the question,
how far will they go when homeowners are
already feeling harassed.
Here is an example of one in Arizona.
Some have noted in plenty of HOA's these rules are not just advisory,
but actually enforced by fines.
Many local news stations have noted that some HOA's are pretty
unforgiving about handing them out [notices and even fines].
A Wake County Home that was well taken care of had an HOA
fining the recipient $25 a day for the color of the shutters of her home over "Architectural Standards."
The homeowner Debra paid $2,000 in fines and took down her plum shutters [they were a deep plumb and dark so not an outrageous color].
When she took them off,
she was told she would be fined with a complete violation of
taking the shutters off of the house.
So the question continues to arise,
should HOA's have This Much power?
Should they have power over people, who own their own homes.
Do we need yet Another government in addition to the federal, state, city and county government?
What all have they done for You lately?
Do governments only exist to prop up those who control them?
You decide!
So in Debra's case as is the same of other homeowners all over the country, she loses no matter what she does concerning the governing board of the HOA.
Some have discovered that their boards can be actively aggressive at seeking out rule violators.
How do HOA boards get all of this power?
It is put in their laps by the developers who want to protect THEIR interests.
So do their interests coincide with homeowner's interests?
Not when the homeowner is the one being harassed.
What the developers do to give power to the HOA board is
they write your home into deed restrictions
with Membership automatic upon the purchase of your home.
In other words, if you wish to purchase a home that resides in an HOA, whether you agree with all of the power the HOA has or not,
homeowners are forced to sign and say they agree with the HOA even if they do not.
Some developers and HOA boards will say, "do not buy a home in their neighborhood then."
This as many know is more and more difficult to do as there are far more homes in HOA's in city limits than not.
These HOA's are set up as not for profit corporations.
It is acknowledged by city and state officials that HOA's
can and do indeed function like a local government.
Think of it as a mini government within your neighborhood.
Some HOA's monitor speed and put up speeding cameras.
They have also been known to give out speeding tickets,
not by the city, but by the board of the HOA.
That can be a pretty slippery slope if you get what I mean!
For this particular HOA, it also applied to Guests, not just homeowners.
The Bottom Line is,
the way HOA's work is
they get to set the rules AND
select the consequence or punishment for breaking them.
The owner of the Billion dollar company our own HOA wanted/wants to go with called Associa,
the very same one I read portions in articles about him being a senator, who passed predatory legislation on Homeowners [YES THAT John Carona] was featured on this show!
Many municipalities even mandate the creation of HOA's in new residential developments.
This is because the city or municipality can off load debt and costs onto the HOA, who in turn collects those funds from the people on top of the taxes people Already pay!
This might be why the rise of HOA's might be called
the most significant privatization of local government responsibilities in recent times.
It is important to note,
attorneys and others point out what I and others have attempted to show homeowners, who have experienced frustration with HOA notices and or fees. . .
HOA's can have the authority of a government.
This is what is so very dangerous and WHY,
I have been told so many "BEWARE of their power"
stories from people in our neighborhood and other neighborhoods!
What is interesting is
that HOA's have been said to be
the most significant privatization of local government
responsibilities in recent times.
That is substantial considering there seems to be
very little to no oversight whatsoever when
these HOA's infringe upon homeowners rights,
which one could say are human rights!
HOA's can have the authority of a government
and collect fees and fines just as the government does.
But when it comes to accountability
they can actively resist it in ways
government officials can (in theory)
only dream about.
After one of the residents in one neighborhood
posted some social media comments about
an upcoming board election,
the HOA demanded they remove posts
that were critical of it's board.
And threatened to fine them as much as
$250 per day if they didn't.
The HOA eventually walked that back,
it makes people realize the striking level of hostility
that has and can persist if people resist against
even basic scrutiny or speaking against
infringement upon their personal freedoms.
It begins to feel like Revolutionary War times
when people began standing up against
an oppressive government.
This HOA board member stated the following when
a member of the press tried to ask questions.
Here is the local news segment on this from
ABC15 Arizona
Heated exchange with HOA in Gilbert
Notice how one resident brings it home with vivid clarity. . .
"revoking your privileges and suing you with your Own Money!"
And therein lies the reality of an HOA boards power,
the money they collect from you and those funds they store up to hold in reserve while keeping an attorney on retainer~ that's right, it gives them the means and backing to sue YOU if they decide!
A property management company has their own attorneys which can be used to back an HOA if the board decides.
Just as the HOA board decides who they send violations to, they can decide which homeowners they will enforce fines upon and send to court if they decide to cause further issues.
That is a LOT of power [no pun intended!]
The policy to silence homeowners on social media was dropped after a massive outcry,
then this letter went out from attorneys hired by the board,
threatening daily fines and taking away access to community amenities.
All of the costs paid for by HOA fees.
The residents started questioning why HOA dollars were being spent trying to keep community member voices silent!
They stated the board could not impact their first amendment rights!
After the news station pressured the board,
another letter was sent out retracting their previous threats.
Some felt the letter had not gone far enough as no one from the board apologized and no one had resigned.
The local news station and other elected officials stated that,
scrutiny comes with a post of an HOA board member when they are handling other people's money.
There should not be extreme defensiveness nor unprofessional or hostile behavior when homeowners ask questions.
If these types of behaviors
trying to staunch free speech
getting defensive
using immature or hostile tactics
arise
that should be what many investigators call a Tell!
Beware of these types of behaviors as
free speech and scrutiny allows people of the neighborhood to better their community.
No one who is in a position of power should be trying to stop questioning from those they are supposed to serve.
It is a reminder, an HOA board was set up to serve the requirements and regulations of the developers.
Homeowners' freedom was not part of the deal was it?
Private associations
designed to have the force of law within neighborhoods
have a history of being used to exclude certain groups.
He covers Associa in here at timestamp 13:03 I have set to this point here when you start it,
An elderly gentleman, who had a bench to sit on outside his property had his HOA managed by Associa.
John Oliver states clearly,
"the problem is,
when you introduce for profit companies
to find problems in your neighborhood
things can change FAST.
He continues,
"Many of these companies have people
whose job it is to drive around neighborhoods
looking for infractions."
The letter Ted received about his bench states,
the infraction was noted by the Associa Inspection Team.
