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So do you rent the buildings from the HOA? Or do you own them? And surely if you own them, they have no legal right to tell you want to do unless it breaks the

So do you rent the buildings from the HOA? Or do you own them? And surely if you own them, they have no legal right to tell you want to do unless it breaks the law?

blueskin_ 12y ago
As I understand it, it can be either case. Not sure how they can screw you around if you own it, probably some obscure law, but it's obvious enough if you're renting from them.
- masklinn 12y ago
  > Not sure how they can screw you around if you own it The sale of the residence includes (and requires) contracting with the HOA. > probably some obscure law No need for laws, you've signed a contract.
- jonnathanson 12y ago
  They can screw you around pretty easily and legally, even if you are an owner. They levy fines for noncompliance, and if you don't pay the fines and comply, they can put liens on your property -- even if you own the property outright. It's all part of the contract you enter into upon purchasing the property. Membership in the HOA is compulsory in many cases, and your purchase of the property comes with the obligation to join the HOA and be subject to its Covenants, Conditions & Restrictions (CC&Rs). So why in the hell would you sign that sort of deal in the first place? Well, if you don't have to, you shouldn't. But in some cities, such as SF, it's extremely hard to buy a condo that doesn't come with an HOA. HOAs are as prevalent as they are because in most cases they are highly beneficial, both legally and financially, to building or subdivision developers. So more and more developers are using them.
masklinn 12y ago
> So do you rent the buildings from the HOA? You buy from the developer or the previous owner. > And surely if you own them, they have no legal right to tell you want to do unless it breaks the law? Membership to the HOA is required by and included into the building sale, contracts are binding.
jdmichal 12y ago
You own the property same as you would without an HOA. They are a form of real covenant [0], are tied to the property, and are enforceable against any owner of the property. In the US, the bundle of covenants used are also referred to as "deed restrictions". [1] [0] http://en.wikipedia.org/wiki/Covenant_%28law%29#Covenants_related_to_land http://en.wikipedia.org/wiki/Covenant_%28law%29#Covenants_re... [1] http://en.wikipedia.org/wiki/Covenant_%28law%29#Covenants_in_planned_communities http://en.wikipedia.org/wiki/Covenant_%28law%29#Covenants_in...

So do you rent the buildings from the HOA? Or do you own them? And surely if you own them, they have no legal right to tell you want to do unless it breaks the law?

blueskin_ 12y ago

As I understand it, it can be either case. Not sure how they can screw you around if you own it, probably some obscure law, but it's obvious enough if you're renting from them.

masklinn 12y ago
> Not sure how they can screw you around if you own it The sale of the residence includes (and requires) contracting with the HOA. > probably some obscure law No need for laws, you've signed a contract.
jonnathanson 12y ago
They can screw you around pretty easily and legally, even if you are an owner. They levy fines for noncompliance, and if you don't pay the fines and comply, they can put liens on your property -- even if you own the property outright. It's all part of the contract you enter into upon purchasing the property. Membership in the HOA is compulsory in many cases, and your purchase of the property comes with the obligation to join the HOA and be subject to its Covenants, Conditions & Restrictions (CC&Rs). So why in the hell would you sign that sort of deal in the first place? Well, if you don't have to, you shouldn't. But in some cities, such as SF, it's extremely hard to buy a condo that doesn't come with an HOA. HOAs are as prevalent as they are because in most cases they are highly beneficial, both legally and financially, to building or subdivision developers. So more and more developers are using them.

masklinn 12y ago

> So do you rent the buildings from the HOA? You buy from the developer or the previous owner. > And surely if you own them, they have no legal right to tell you want to do unless it breaks the law? Membership to the HOA is required by and included into the building sale, contracts are binding.

jdmichal 12y ago

You own the property same as you would without an HOA. They are a form of real covenant [0], are tied to the property, and are enforceable against any owner of the property. In the US, the bundle of covenants used are also referred to as "deed restrictions". [1] [0] http://en.wikipedia.org/wiki/Covenant_%28law%29#Covenants_related_to_land http://en.wikipedia.org/wiki/Covenant_%28law%29#Covenants_re... [1] http://en.wikipedia.org/wiki/Covenant_%28law%29#Covenants_in_planned_communities http://en.wikipedia.org/wiki/Covenant_%28law%29#Covenants_in...