5 ms·
HOAs typically only have teeth when they are based on covenants that run with the land, which in most cases means that they started as a single property (e.g. a
by D13Fd 5y ago
HOAs typically only have teeth when they are based on covenants that run with the land, which in most cases means that they started as a single property (e.g. a farm) and were split out into a planned neighborhood.
In other words, the owner of that farm had the right to split it up into little chunks that have restrictions and sell them. When you buy into the neighborhood, you are buying the property burdened by the covenants the previous owner attached. So your full rights would interfere with the previous owner’s effort to do what THEY wanted with the property.
- JMTQp8lwXL 5y agoWhy should the previous owner's interests matter once the property is sold?
- pixl97 5y agoBecause that is how deed restrictions work.
- smegger001 5y agoyet they sold it, why should someone who no longer has ownership be allowed control of something they sold? their wants to and desires should cease to be of concern once they agree to accept the money of the buyer. can you imagine Say ford telling someone "hey that car i sold you your not allowed to paint it green." no that would be ridiculous. why are homes any different?
- shados 5y agoThey don't, but the property is burdened. A car is probably a bad analogy here. Think of it more like buying a company. If you start your own company, then sign a contract with your suppliers, then sell it to me. I now am bound by the contract because it came with the company.
- chasd00 5y agoSide note, I thought when you buy a company all contracts are voided and new ones must be made.
- shados 5y agoContracts follow the company unless they have an assignment clause or a condition that says otherwise.
- unishark 5y agoA contract is supposed to benefit both sides though. So maybe it's like an HOA that pays for a pool, as a benefit that comes with owning the house. But when it comes to things like you neighbors' ability to dictate your use of the property, it's more like a company that you only partly own because you bought most of it but there's others with part ownership and voting rights against your operating decisions. Point is, ownership is a set of rights, and the less rights you have, the less you own it.
- shados 5y agoThe HOA is benefiting both people. It's basically a "I'll scratch your back if you scratch mine" agreement. The issue here is that you don't care about back scratches, so you feel like it's a one way contract.
- pixl97 5y ago> why should someone who no longer has ownership be allowed control of something they sold? Because the law gives them that right, and you are not going to find any kind of majority that is going to change that.