4 ms·
> Just like you should have the freedom to be a part of one, you should have the freedom to not be a part of one. But right now HOA works over full neighborhood
by silicon2401 5y ago
> Just like you should have the freedom to be a part of one, you should have the freedom to not be a part of one. But right now HOA works over full neighborhoods, there is no opt-out.
You're looking at it too much from your personal perspective. If you buy a house in the sticks, you have the freedom to start an HOA with your neighbors and bind your house to the HOA. You then have the freedom to sell your house, and buyers have the freedom to buy the house or walk away because it has an HOA. Just like you have the freedom to permanently tear down your house and rebuild it, and future buyers aren't entitled to retroactively restrict what you can do with your property today.
> But it's still strange that a whole community can unite against one house within the gates (or whatever) and decide how things should be. Not what I would expect in a country that prides itself on its freedoms.
Again, you're looking at things too much from an individual perspective. Freedoms in the US include freedom of association, freedom of assembly, freedom of speech. Freedom means the freedom to start a club of like-minded people and kick them out. If you don't like club A, house A, or HOA A, you have the freedom to start a new club/HOA the way you want it, and so on in perpetuity. Not allowing HOAs would be suppressing community and thereby suppressing freedom. Not allowing houses to be sold with an HOA would be suppressing personal freedom in contracts. There's a difference between something being unpalatable (again, I wouldn't even consider an HOA house) and something being anti-freedom.
- developer93 5y agoBut can some with a house in a hoa decide to sell their house without it so the next person can opt in?
- capableweb 5y agoI wouldn't consider a HOA house either, just for the record. So since I can create an HOA with my neighbors, can I move into a house that is connected to an HOA and collude with my neighbors to start an competing HOA or it's locked up to the same one forever?
- CincinnatiMan 5y agoHOAs are usually tiny little micro governments for a specific neighborhood, so you wouldn't even need to start a new one, you could simply get involved with the existing HOA and change it.
- dragonwriter 5y ago> So since I can create an HOA with my neighbors, can I move into a house that is connected to an HOA and collude with my neighbors to start an competing HOA or it's locked up to the same one forever? Exiting an HOA typically requires either dissolving the HOA (by whatever rules allow for that in State law, typically a majority vote of members), following whatever deannexation procedures the HOA rules provide, or suing and winning a lawsuit against the HOA for failure to uphold its end of the deal and being given termination of the relationship as part of the remedy. Once you are out of the HOA, you can certainly form a new one. Actually, I think you can probably do it without leaving, but then the pbligations would be cumulative.
- hcknwscommenter 5y agoYou don't need to do any of that. If you have enough neighbors who want to collude with you, you just take over the existing HOA and amend the rules (and/or take a lax enforcement attitude). The most benign way to do it is to make one tiny change to the HOA rules, an explicit provision that failure to enforce a known "violation" for more than 30 days renders the rule unenforceable forever more.