Sunday, September 16, 2012

Private Restrictions on Ownership

The ownership of real estate does not ensure free and complete use of the land. Private restrictions can be placed on property by the Home Owners Association(HOA) of a development. The HOA can increase the value of a development by enforcing certain standards on how its inhabitants should care for and use their property. In most cases these restrictions keep neighborhoods looking clean and uniform. Other times, these rules can be quite a burden. For example, my neighborhood has pine trees growing in the front yards. These trees tend to shed their pines throughout the year, so to keep the yard looking nice we use the needles as mulch for the garden around the tree. Recently we have received our third notice from the HOA insisting that we rid our yard and garden around the tree of the pine needles. In an attempt to comply, we cleaned out the garden as much as we could and planted more flowers. Felling satisfied, we figured this would be the end of the complaints. Low and behold, we receive yet another warning regarding the pine needles. I am quite positive most every house in the neighborhood is having the same problem. I don't know what they expect us to do, or what they will do to enforce this extreme request.

10 Things the HOA Won't Tell You
This articles explains an extreme case of how the HOA can abuse its power. A man was fined monthly by the HOA for planting too many roses in his garden. When the fines piled up, they placed a lien on his house and threatened to forclose. He took the board to court but lost, setting him back $70,000 in legal fees and lost his home to the bank.
You would be surprised just how much power these groups have over homeowners. They can essentially make up their own rules as they see fit, even though they may not be very reasonable. The article advises you pay your monthly dues and comply as best you can.

Home Owners Association Fees
The 81 year old veteran in this case had agreed to a $100 HOA fee, but soon he discovered he was being slapped with automatic late fees and other fines. He was unable to pay these fees, but luckly with the help of his neighbors, he was able to raise enough money to pay off the HOA and avoid foreclosure.

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