HOAs are one of those things that sound good in theory, but often abused in
actual practice.
Nobody can argue with the premise of keeping your neighbor from starting a junk
car collection or allowing the grass to get knee-high and go to seed. The
problem is that the HANs (Homeowner Association Nazis) get carried away and
corrupted with their power.
I once made the mistake of living under the thumb of the HANs. Actually, I
didn't have much choice in the matter. In Phoenix, you either live in a
deed-restricted home or else you live in the hood. All desirable communities
are controlled by overbearing HANs.
During the time I was there, I received several "violation notices" for petty
issues. There was the time I got one for "parking on the grass." Actually, I
was parked on the driveway, but had my vehicle over on the far left as to allow
sufficient space for the other vehicle which was parked in the garage. Didn't
want the wife to have a "blonde moment" and hit me as she backed out!
My tape measure showed my rear left tire to be 3.5 inches off of the pavement.
According to the HANs, this constitutes "parking on the grass."
Then there was the time I was cited for "improper display of address." All
homes are required to display standard-issue black address numerals in a
specific location on the house. (Kinda sounds like branding identifiers on
foreheads, doesn't it?) I had the HAN required numbers in the HAN designated
place. No problem there. But a shrub which had been planted below the
numerals had now began to grow towards the house numbers.
Again, I grabbed my tape measure. The top of the shrub extended approximately
1/2 inch past the bottom of the 6 inch numerals. According to the HANs, this
constitutes "improper display of address."
You basically have no rights when confronting these quasi-governmental
agencies. If you don't comply with the violation notices within a specified
period of time (usually 10 days), the HANs will file a lawsuit against you for
non-compliance. If you choose to go to court, they will then use YOUR money
(collected in the form of homeowners association dues) to fight against you
until your funds are depleted and you give up in frustration. They will then
sue you again for reimbursement of their attorneys fees. If you don't pay,
they will secure a lien against your house. If you still don't pay, they will
sell your house out from under you! Under the terms of the HAN agreement, they
can do this. You relinquish all your legal rights of ownership when you sign
one of these restrictive covenants.
There have been numerous instances where HANs have taken the homes of elderly
people on fixed incomes (who fell behind in their dues) and war veterans who
have erected flag poles on their property. Folks, these things are bad news.
Avoid them if at all possible.
Fortunately, I moved away from Phoenix and am no longer controlled by the HANs.
Here in South Dakota, these fiefdoms are pretty much non-existant. Private
property rights are accepted and expected here. If I want to put up an antenna
or change my oil in my driveway, I have the right to do so. As I should, since
it's MY PROPERTY.
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