ignorance, judgment, neighbors

[Usmcsousa]

SO my wife and I bought our first MH finally!
But first lets rewind.
About a year and a half ago, we bought our first home, 2000 square ft absolutely beautiful in a quite dead end neighborhood.
I knew then i wanted two things, a flag pole to fly my usmc and american flag and a large enough driveway for a class a.
Our "wonderful " neighbors have been great up until recently.
A few months ago, i pulled our new used 34 foot gem up to our home and like with any new toy, began making it ours, wash wax rip out the old, put in the new ect.
Not even 4 hours into my endeavor, this 200+ year old lady from waaay down the road( not visible from our property ) walked up to my driveway to kindly explain to me that there are restrictive covenants in our neighborhood. Which my realtor neglected to inform us of.
She came back the next day with a print out, sure enough, no flag poles, no motorhomes, amongst 140 other ridiculous restrictions.
About a week later i moved my mh off of MY property and into storage. Even though. We have NO hoa and 3/4s of the neighborhood are not in compliance with the covenants.
I recently found a facebook page of our neighborhood where i read a lot of nasty comments from about 4 select neighbors of which I've never met, calling us trailer trash and scum, putting their childrens safety at risk ect.
I was shocked to say the least, not One of these folks actually spoke to us about their concerns, just blasted my character over the internet.
Am i crazy for wanting to sell my $200,000+ home to go live in my MH with the friendliest "trailer trash" people I've ever had the pleasure of meeting throughout our short RV'ing travels?

[redsb3]

rockhillmanor wrote:
The issue of HOA's appears in the sellers disclosure. BUT it is up to the 'buyer' to research it and obtain a copy of it, it one exists. Real Estate Agents might help but it is 'not' their responsibility.

I just bought property where there WAS an HOA but it was allowed to expire. The area is now inhabited by ex-snowbirds with RV's so there is not much chance of it ever being reinstated!

HOA's do have an expiration date but it does cause confusion when purchasing property after they have expired because it's still noted on many documents. The county seat is the place to confirm stuff like that.

This varies greatly by state. Here in AZ, once your offer contract is accepted, the title company will send you a copy of the CC&R and/or covenants and deed restrictions. It is the seller or sellers agent's responsibility to disclose this information and they are liable if they don't. You also have a short window to void the contract if there is something in the CC&R's or covenants that you won't accept. No penalty to you if you do this. It can get very complicated as I have gone through this 3 times in the last 15 years as both a buyer and seller. Bottom line is you need to research in YOUR state, because another state may be completely different.

[J-Rooster]

Who would want to live in a neighborhood like that? Not me!

[Star_Gazer]

Just recently in Lexington Ky a lady had her paid for home sold at a courthouse auction due to past due HOA fees. She did not speak English very well and thought all the mail from them was asking her to join the club to use the swimming pool or tennis courts. She had no idea it was a mandatory fee, but admits perhaps she should have read them more carefully.

So it became a big news story and we are still waiting to find out if she gets here house back, but at this point it looks like she will not as it was all done legally, if not ethically.

[bob_b1]

I live in a neighborhood that has no HOA. I have no idea what (if any) enforceable laws or codes are in place. The township does.

When neighbors up the street started to park their parts-cars all over the lawn, the township got a call and things got cleaned up. When the HVAC guy down the street started to load up his side yard with old furnaces and air-conditioners, same thing, the township got a call. When someone tried to store their big 5th-wheel on the narrow curve of the street, the township knew about it. I didn't make all these calls, but the 5th-wheel call was of my doing.

Some people have RVs parked on their side yards and that is their business. I have a motorhome that is over 20 years old. It is my pride and joy. It makes me happy and I enjoy the freedom it gives me. I also am also considerate enough to know that my neighbors don't feel the same way towards it...so I store it. Nobody has challenged me or has complained to the township about me over my last 10 years of ownership.

In reality, my motorhome is probably an eyesore to most. I would love to store it at my house on the driveway. I probably have every right to, because there are others who do. As much as enjoy my 'rights' and will stand to defend them, I try not anger my neighbors in pursuit of them.

You probably have every right to do what you are doing. My advice: Just store the thing at the RV lot and be done with it. Find a place that lets you work on it. I find it very peaceful tinkering on it down at the lot.

[Two_Jayhawks]

Daveinet wrote:
The whole motivation for HOAs and covenants seems to be for property values. I kind of have to chuckle at those so worried about property values. Frankly, I would love to see my property value nose dive. I'm not trying to sell my house, I just want to live there. Lower value means less taxes. All good in my book.

I have watched the actual value of my home drop as well as the value estimated by the county appraiser. I'm not laughing as they have cleverly skinned me for the same pound of flesh as when it was valued higher. Funny how they make that adjustment.

[Daveinet]

The whole motivation for HOAs and covenants seems to be for property values. I kind of have to chuckle at those so worried about property values. Frankly, I would love to see my property value nose dive. I'm not trying to sell my house, I just want to live there. Lower value means less taxes. All good in my book.

[rockhillmanor]

The issue of HOA's appears in the sellers disclosure. BUT it is up to the 'buyer' to research it and obtain a copy of it, it one exists. Real Estate Agents might help but it is 'not' their responsibility.

I just bought property where there WAS an HOA but it was allowed to expire. The area is now inhabited by ex-snowbirds with RV's so there is not much chance of it ever being reinstated!

HOA's do have an expiration date but it does cause confusion when purchasing property after they have expired because it's still noted on many documents. The county seat is the place to confirm stuff like that.

[OhhWell]

That really sucks. I tend to believe you about the attention to detail and keeping your RV renovation well policed. Even though you have a long driveway, a lot of people don't like the look of any RVs parked in the driveway. I'm not saying that I completely agree but there is something much less offensive with an RV stored semi out of sight and there is a VERY good possibility that there may be a real enforceable ordinance against parking it out front. Is there any way you can put it on the side of or even better, behind your house? I really hated it when we had to put our TT in storage.

Our new - old - MH is on a pad on the side of the house that was just right for our 34' TT but now the MH sticks out a few feet past the garage. If someone were to have a problem, the city would tell me to fix it within 48 hours or get it out.

How is your relationship with your immediate neighbors?

I know you didn't throw the flag thing out there completely for sympathy but if it came down to it, it would be very good leverage to fight this. Put up a large flagpole and see what happens. If they try to get it taken down (On what authority is questionable), go right to the local news. Once that puts an end to the busybodies, do what you want within respectful reason.

Any chance of sharing the Facebook page with us? I can think of real good reasons why you wouldn't but... it sure would be interesting!

[down_home]

The Developement Owner has list of covenants a mile long. He is supposed to pave a road, that is partially, or all on my land for easements.
He hasn't and won't. he's old now and doesn't care so I'm not pushing it. I'll pave it in the spring, as plans are, now. Only reason being is stop rain water from destroying my drive.
I think I can pretty do whatever I want unless he paves the road.
Spend five thousand dollars to get it enforced or five thousand or a little more to pave it?

[2oldman]

Bird Freak wrote:
Somebody educate me here. As there is no way I would ever have property where some one else tells me what I can do on it.

To each his own. Many folks appreciate rules about maintaining your property so the neighborhood stays attractive and consequently houses command a higher price.

Nobody wants to live next to a yard full of old cars, or unfinished work on the house, or a kennel full of barking dogs.

[wa8yxm]

This is my opinion, and as you know my opinion and {insert cost of a cup of coffee at your favorite eatery, do not forget to include tax and tip) will get you exactly one cup of coffee at your favorite eatery.

But to my way of thinking the seller has an obligation to tell you of any restrictions or HOA rules or such on your property.

Question, do you belong to the HOA, do you pay DUES to them?


Finally, though I hate to make a recommendation of this kind.. You may wish to retain the services of a legal professional.. (Attorney).

If you do,, Please find the nastiest one licensed in your state.

Also.. I think you mentioned flying a Marine corps flag...

If you can't get the nastiest,, Get a MARINE.

[Executive45]

Maybe we should start a new thread about HOA enforcement...:W...nah! let's wait until winter settles in a bit....maybe February when we're itching to get back on the road...:B:B....Dennis

[67Cutlass]

Unfortunately we live in a community (near Atlanta, GA) that has a VERY active HOA. Coming from the west coast I had never owned property with an HOA and covenants.

Stupid me, I thought what's the big deal? Our covenants even mention the Queen of England in them, something from when Georgia was a penal colony? Who knows?

We have way too many 'covenant police' and the policing from the HOA management firm is way to zealous too. I typically get 2 or 3 letters a year about something. Even letters complaining about something in our back yard. The only way to see our backyard is to somehow look over a 6 foot fence (approved by the HOA Architect Committee).

The things they complain about are insane. We had to get rid of a dog house because it was not built to match the architecture and paint scheme of our house. I mean really, a brick front with matching hardy plank on the sides and painted to match. Don't these Nazi HOA people have anything better to do?

With that said we pretty much had to put up with all the c%^& because of financial reasons have prohibited moving. BUT...

Retirement is next year, we WILL be moving and I can guarantee there will not be an HOA in our future.

[ROYBUCK]

I moved into a HOA community in Chesterfield county va, The only restrictions on My MH was you couldn't live in it or park it on the grass, or park on the street I spent about 6000 dollars on a pad and a drive way beside my garage, lasted 7 years someone reported me got a letter from the county about the county restrictions, had to be parked in the back yard, long story short I was in the process of a sale so didn't matter. I brought it to the county attention they was a bunch in the community that was in violation they told me they didn't ride around and check who was in violation they received a call on mine. After 7 years. I could have got a waiver but no need due to the sale. Roy

[Hikerdogs]

W4RLR wrote:

Hikerdogs wrote:
Check with the city/county and an attorney as to the validity of the covenants. Most are written by the developer and are under his/her control until a certain percentage of the lots in the development are sold. Once the appropriate number of lots are sold and have resident owners the developer has them form a HOA. The home owners Association then becomes the party responsible for enforcement of the covenants.

Generally the covenants have an expiration date. If there is no HOA in place to vote to extend the expiration date they cease to exist.

Wrong answer. Restrictive covenants "run with the land" and survive the dissolution of the HOA. Check your deed.

I already have. The covenants in our sub division expire 20 years after the initial inception unless they are extended by the HOA. The HOA can only extend them by 5 year intervals. So at least every 5 years members have to vote as to whether to extend them or let them expire. Also our HOA has no power to enforce any covenants unless the owner is in direct violation of a city, county or state ordinance.

We've had a couple encounters with the HOA. The first was about 5 months after we built the house. We were one of the first houses built in the sub division. When the plans were submitted for approval there was a chain link fence surrounding the back yard. The plans were approved and construction was completed. We (and the developer) didn't realize it but there was a covenant that only allowed wooden fences. Even though the builder had made an errant exception he wanted us to remove the fence. Luckily for us the approvals were in writing and no changes had to be made.

Later when we purchased a motorhome and parked it in the drive some busy bodies again sited the covenants that no motorhome, travel trailer, etc. could be stored at a residence more than 24 hours. The key wording they missed was that it only applied if the unit was "in front of the house". Our drive extends along side and behind the house. The motorhome is well behind the front of the house so once again we were in compliance. The best part is that we didn't have any intention of storing our motorhome in the drive. We had it there on a temporary basis to do the initial loading and have some service work done on it before using it.

What it boils down to is that there are many different iterations of Home Owners Associations. Some have legal powers to enforce covenants, some don't. Some can force membership and collect mandatory dues, others can't. Eventually our HOA fell apart because there a few members who wanted to decide what was politically correct and what wasn't. The majority of the home owners didn't like the way the organization was run so it died a natural death.