HOA rant... again...
Well I ran and lost to be on the HOA Board of Directors. Sad when you have 3 slots and four people running, but annnnnyway.. one of the exact reasons I was afraid of and wanted to be on the Board to prevent has occured. I submitted a request to change my house and was denied. All I wanted to do was paint my front door black. The door which BTW is on the side of the house and the only way you can ever see it is to walk up to the fucking thing. Or be my next door neighbor who's living room window is less than 5 feet from it. Who is on the fucking Board. I wanted to share my post on the community forum and the HOA managing company's canned response for any suggestions y'all may have on ways I can nail them, or what I have said wrong so far.. and just to vent.
Topic: ACC Appeals?
Tawnya Marney-Wells
Posts: 51
IP Logged ACC Appeals? Date posted: 12/29/05 at 9:19 am
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Are there currently any procedures in place to appeal a decision by the ACC that a homeowner doesn't agree with? Like for example getting "X" number of signatures of residents to override a rejection? Or are we held hostage to the tastes and decisions of the board?
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Ruby Chadwick
Administrator
Posts: 52
IP Logged Re: ACC Appeals? Date posted: 12/29/05 at 4:27 pm
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As indicated under 'Announcements' under 'Discussions' on this site, an ACC Executive Committee has been established in accordance with section 4.01.2 of the deed restrictions.
Having a larger ACC committee is beneficial in that more opinions and tastes are brought to the table when making community decisions. The look of the community is affected by individual homeowners’ modification choices and the ACC Executive Committee will evaluate all submitted applications for ACC approval on the individual merits of the particular application, and based on evaluation of the compatibility of the proposed Regulated Modification with Prevailing Community Standards as of the date of submission of an application. The ACC must also use reasonable efforts to achieve consistency in the approval or disapproval of specific types of Regulated Modifications. To this end, consideration will be given to similar applications for architectural approval and the decision and actions of the ACC with regard thereto.
Therefore, some ACC requests will be turned down periodically, especially if the request is one that the board deems out of the community norm. Please bear in mind that the board speaks and decides for the community as a whole and how it feels the Prevailing Community Standards currently stand, not from a personal stance generated by personal opinion.
At this time the recorded deed restrictions do not provide for a method of appealing ACC decisions and neither has the Board of Directors provided a method of appeal. Unless and until the Board of Directors provides a method of appealing the decisions, all decisions will be considered final. If you feel that your proposed modification falls within the Prevailing Community Standards and you were denied, please feel free to provide Horizon Management with your reasons/evidence by email to [email][email protected][/email] and we will communicate this to the Board. Such communication will not be deemed an appeal, but we will be happy to pass on your feedback.
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Tawnya Marney-Wells
Posts: 51
IP Logged Re: ACC Appeals? Date posted: 12/29/05 at 5:07 pm
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"Prevailing Community Standards" and the "community norm" is the problem. Until SOMEONE makes a change from the builder chosen colors / styles there can be nothing BUT a generic builder look for every home. How can a homeowner make their home more unique to fit their tastes when the basic and bland builder standard is used? (and, yes, it still be attractive and not a detriment to surrounding property values)
Under this way of thinking nothing will ever change. While that may have points where it is good, how does this allow for any type of customization of an individual home to reflect the unique personality of its owners? A controlled community to protect property values and individual rights is one thing, but to perpetuate a standard of comformity to a generic and lifeless standard is ludicrous.
Case in point : My request was to paint my front door and I chose a very classic and elegant color : black. I also wanted to add a brushed nickle kickplate that would match the metal of my (still builder generic) door set. The response I received with my denial was in essence "no dark door colors, since there are currently not any."
My question is.. under this way of thinking how can there *ever* be any dark doors? Without a single change there is no way the "prevailant community standard" will ever change. In my opinion the ACC is wrong in their application of these standards, since it will cause stagnation and prevent any type of change. This discourages homeowners from making improvements to their exteriors which could boost the overall appeal and value of the community, and their pride in their homes.
And I am being told I have no recourse in their decision? It seems pretty pathetic that a home I am paying a lot of money to own can not be improved on the exterior in a tasteful, classic way that will in the end ADD to my property value and in turn my neighbors'. Without some kind of appeals process as a system of checks and balances to ensure that the personal tastes and opinions of the board really do not affect their decisions the only recourse I can see that I have is to continually resubmit the same request until such time as it is approved. Is this correct?
ROzbeans
20 years ago
What fuckers. =/ I honestly don't know what else you could do except consult a lawyer. We've been in 2 homes with housing associations, but for the most part we were left pretty much alone. I'd say paint your door, but I know they'll start charging you for your insolence anyway =/
Den
20 years ago
Just an FYI - though laws probably vary from state to state. Here, in California, the courts side with HOAs. The CC&Rs are usually pretty explicit about what can and can't be done, and that's what they rely on. Unless you didn't get a copy of yours, or they're ambiguously written, it may not be cost effective to just paint it...
But fortunately, most are not as rigid as your's. We've dealt with three with condos and home's we've owned, and they've all had fairly flexible bi-laws.
But fortunately, most are not as rigid as your's. We've dealt with three with condos and home's we've owned, and they've all had fairly flexible bi-laws.
Temprah
20 years ago
Thanks Shay =) Unfortunately the builder didn't have the deed restrictions finished and available to any of us until after several of us had closed on our homes. Believe me, I asked for a copy of them when we put in a contract on our house. I would have seriously reconsidered if I'd seen how strict the restrictions are. But nothing to be done now... it was why I wanted to be on the Board of Directors or even the ACC. But the 3 people on the board are the ACC and they chose two of their little asshole buddies to be on with them, it wasn't offered publicly to anyone or I would have volunteered.
At least I have someone who said they feel I should be able to have my door how I want. :) And fear not... I have seen several people who've replaced their doors with those nice wood and glass ones. *DARK* wood and glass ones. I'll be going around with my digital camera and taking pictures, desaturating them and using them to show how the ACC has already approved "dark" doors so their reason for denying me is invalid =) (It was the builder in charge of the ACC at the time but still.. precedent baby!)
I grew up in the midst of HOA / homeowner disputes, trust me I know how to win them... I just really had hoped to live someplace I didn't have to be a hardass. Or we could go with X's suggestion and egg all their houses and key their cars.. hehehe
At least I have someone who said they feel I should be able to have my door how I want. :) And fear not... I have seen several people who've replaced their doors with those nice wood and glass ones. *DARK* wood and glass ones. I'll be going around with my digital camera and taking pictures, desaturating them and using them to show how the ACC has already approved "dark" doors so their reason for denying me is invalid =) (It was the builder in charge of the ACC at the time but still.. precedent baby!)
I grew up in the midst of HOA / homeowner disputes, trust me I know how to win them... I just really had hoped to live someplace I didn't have to be a hardass. Or we could go with X's suggestion and egg all their houses and key their cars.. hehehe
Prosecution
20 years ago
HOA's make me want to not own a house.....
Honestly I have never ever heard a good story regarding a HOA, why do they exist. I seriously think that they were put on this earth by Satan to punish people who are succeeding in life. Satan hopes that you will murder your HOA members after they cut one of your cats in half as you are allowed 2 childern, 1.5 pets, a SUV and a small compact, and have to part your hair to the left. If you shop at Giant or Safeway, you have to cut your lawn on Sunday.
If you kill your HOA then Satan collects another soul for murder. That is why HOA's were created.
I swear to God, I will not live in a development where a group of people can tell me what to do with MY property. I spent the money, if I want to torch my lawn, paint my house purple with green pokadot spots, and have plastic representations of hookers as oriernements on my lawn, by my red American blood I have the right to do so. I will sit on my porch with my BLACK door, smoking cigars while idling my SUV in my driveway with no muffler, playing Avenge Sevenfold full blast at 3am.
Thank you.
Honestly I have never ever heard a good story regarding a HOA, why do they exist. I seriously think that they were put on this earth by Satan to punish people who are succeeding in life. Satan hopes that you will murder your HOA members after they cut one of your cats in half as you are allowed 2 childern, 1.5 pets, a SUV and a small compact, and have to part your hair to the left. If you shop at Giant or Safeway, you have to cut your lawn on Sunday.
If you kill your HOA then Satan collects another soul for murder. That is why HOA's were created.
I swear to God, I will not live in a development where a group of people can tell me what to do with MY property. I spent the money, if I want to torch my lawn, paint my house purple with green pokadot spots, and have plastic representations of hookers as oriernements on my lawn, by my red American blood I have the right to do so. I will sit on my porch with my BLACK door, smoking cigars while idling my SUV in my driveway with no muffler, playing Avenge Sevenfold full blast at 3am.
Thank you.
Cobert
20 years ago
I've never heard of housing institutions / associations. What happens if you tell them to go fuck themselves? As I'd personally have no problems being an asshole to my neighbors.
Den
20 years ago
LMAO! Here here!
And now a word from the other side.
I love living in a neighborhood, where I don't have to worry about the value of my home being diminished by people who don't mow their lawns, or who let their houses go to ruin. I like having not to worry about a parking place on the street outside my home, when friends come over, because some guy next door has his garage full of shit, and is parking his cars in front of MY house. I like being able to sleep at 3am, and not be woken up by loud music, or shouting matches, or dogs that bark at every little leaf on the tree that happens to move.
HOAs are like unions...sometimes they work, and sometimes they're more trouble than they're worth. The trick is to understand what you're getting into before buying.
Prosecution
I spent the money, if I want to torch my lawn, paint my house purple with green pokadot spots, and have plastic representations of hookers as oriernements on my lawn, by my red American blood I have the right to do so. I will sit on my porch with my BLACK door, smoking cigars while idling my SUV in my driveway with no muffler, playing Avenge Sevenfold full blast at 3am.
Thank you.
LMAO! Here here!
And now a word from the other side.
I love living in a neighborhood, where I don't have to worry about the value of my home being diminished by people who don't mow their lawns, or who let their houses go to ruin. I like having not to worry about a parking place on the street outside my home, when friends come over, because some guy next door has his garage full of shit, and is parking his cars in front of MY house. I like being able to sleep at 3am, and not be woken up by loud music, or shouting matches, or dogs that bark at every little leaf on the tree that happens to move.
HOAs are like unions...sometimes they work, and sometimes they're more trouble than they're worth. The trick is to understand what you're getting into before buying.
Vebran
20 years ago
This is my reason why I like HOA. You can do whatever you want to you property, but onces it starts to have an impact on the worth of mine, then there is a problem. I guess that I haven't been part of one that is hardcore yet. Of the two homes that have lived in, it was easy to conform to standards and do your thing.
Gilae
20 years ago
Balance is the key. The thing I've noticed about ours is they run their meetings in the middle of the day during the week. How on earth can you participate or put in your two cents if you work to pay your mortgage? Fortunately, as I understand it, we had a hardcore bitch running it at one point and the neighborhood took it over so now it's a lot more lenient. I think our most rigid rule is regarding fencing...no chain link fences are allowed.
ROzbeans
20 years ago
Yeah at our first house, I swear I was the only wife that worked on my street. We never got the chance to go to any since we both had a 30-1 1/2 hr commute + Catherine was like 3ish then. Luckily ours wasn't anal at all.