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re: Forming a HOA

Posted on 7/6/19 at 9:12 am to
Posted by Tiger4Ever
Member since Aug 2003
36795 posts
Posted on 7/6/19 at 9:12 am to
The transaction is closing on Wednesday whether you like it or not.
Posted by Hold That Tiger 10
Member since Oct 2013
25876 posts
Posted on 7/6/19 at 9:14 am to
quote:

Also, why is it okay for one person to rent and not someone else?


Because he knows/likes his former neighbor, so all is well.

He doesn't know/like the new buyer, so some rules need to be made up to try to stop it.

OP is a bitch. Sorry, but it's the truth.

If you want to form an HOA now to try to prevent further things from happening, then that's probably a good idea. Inventing rules and trying to apply them at the final hour of someone buying a house is a dick head move, and probably not going to fly anyway.
Posted by poochie
Houma, la
Member since Apr 2007
6765 posts
Posted on 7/6/19 at 9:15 am to
Boy this is some nosy neighbor nit picky shite and the exact reason hoa’s Get shite on. Because of people like you, op.
Posted by 50_Tiger
Arlington TX
Member since Jan 2016
43533 posts
Posted on 7/6/19 at 9:15 am to
quote:

Lol so it's ok for your neighbor but not the new guy? You sound like a little bitch


Hope the other neighbor trying to rent isnt a minority or they may leave themselves up for discrimination lawsuit
Posted by East Coast Band
Member since Nov 2010
66988 posts
Posted on 7/6/19 at 9:16 am to
LINK
quote:

New HOAs
Occasionally a subdivision or planned development organizes an HOA retroactively, rather than creating one from the neighborhood's inception. Homeowners might want to enforce rules on existing properties or band together to create and maintain shared playgrounds or green spaces. In this case, if you bought your home before the HOA formed, you cannot be forced to join. An HOA must exist before you purchase for require membership.


I'd think he could argue easily that he has already purchased the home, he is just waiting on closing from the bank. The seller and buyer agreed upon the sale under the current conditions at the time of contract signing.
Imagine this: you buy a new home with intent to put in a pool. You buy a house from a seller and see nowhere in any covenant (or lack of one) that disallows the installing of pools. You sell the house you are in now. The closing for both your new home and old home are scheduled for the same day ( fairly common). Two days before you close, you are now told that you cannot build a pool in your new house's backyard.
Seem fair to you? I didn't think so.
Posted by Who_Dat_Tiger
Member since Nov 2015
26118 posts
Posted on 7/6/19 at 9:17 am to
quote:

I have come to find out that the new buyer is planning to rent the house. For a number of reasons, we don’t want that happening
quote:

My next door neighbor rents his home, which is fine. He gets good people in and he lived there years ago,

quote:

We could write the rules up to allow for no more than 20% rental properties which covers his home, but doesn’t allow any others.


There’s the cliff notes... Damn y’all would be a nightmare to deal with. I have a few rental properties and rue the day I ever run into your uppity ilk. “I can do it but you can’t so let me get my attorney friend involved”

quote:

What’s at risk if they try to sue?


this has to be a troll... why go through all this trouble when you know you’re in the wrong?
This post was edited on 7/6/19 at 9:18 am
Posted by used2becool
Member since Feb 2018
110 posts
Posted on 7/6/19 at 9:17 am to
This is a bad idea. I get where you are coming from. You can't help it. This is a totally natural, knee-jerk, small brain reaction. HOA's definitely have a place in our society... but you should definitely not be in charge of one.

In a few years, your tiny brain and big ego will have rules for every little thing...and then wonder why your neighborhood never filled up. People like you just can't help themselves. Your brain is too small to comprehend that you might not always know what is best.

If you want to control what your neighbors do with their property... buy it from them.
Posted by Socrates Johnson
Madisonville
Member since Apr 2012
2429 posts
Posted on 7/6/19 at 9:17 am to
I think you need a couple of days public notice in order to vote on that. Don’t think that works with your Wednesday deadline. I’ve heard restricting rentals can be a slippery slope as well because of fair housing laws.
Posted by brass2mouth
NOLA
Member since Jul 2007
20735 posts
Posted on 7/6/19 at 9:17 am to
quote:

He hasn’t bought it yet, so we still have time I would think.


Not if he’s already under contract and there was no HOA at the time.
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 7/6/19 at 9:17 am to
Op you're better off writing bylaws saying rentals have to be managed by a realty group.

They'll do background and credit checks at least, and handle eviction processes if needed and then you have someone to bitch to who may or may not give a shite.
This post was edited on 7/6/19 at 9:18 am
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79773 posts
Posted on 7/6/19 at 9:19 am to
How much money do you have to spend on an attorney when he inevitably sues the HOA over such a bullshite move?
Posted by GeauxTigerTM
Member since Sep 2006
30596 posts
Posted on 7/6/19 at 9:21 am to
quote:

Advice?


Why didn't you simply buy a home with an already established HOA?

I'll never understand someone buying into a neighborhood without one, and then deciding that it needs one. Would it not make sense that the other people in the neighborhood ALSO had the ability to buy into an HOA neighborhood but decided against it for whatever reasons they had? Why then force an HOA onto them after the fact?

This is not an anti-HOA post. If that's your thing, then you should have the ability to live in one. I personally have no interest in living under one, which is why I built in a neighborhood that did not have one. But if someone WAS interested in that, why buy or build into one without only to then assume that it needs what was not there when you bought?
Posted by Cracker
in a box
Member since Nov 2009
19317 posts
Posted on 7/6/19 at 9:22 am to
Yeah one guy can rent but the other guy can’t go pound sand you discriminating jack wagon.
Maybe don’t live in a neighborhood of starter homes.
God I hope it’s a Florida Fan or a gump that moves in.
This post was edited on 7/6/19 at 9:27 am
Posted by TastyJibblets
North of I-10
Member since Jun 2018
681 posts
Posted on 7/6/19 at 9:27 am to
I hope your new neighbor beats your arse for being a busybody
Posted by logjamming
Member since Feb 2014
8313 posts
Posted on 7/6/19 at 9:28 am to
quote:

So you want to piss off the seller, the buyer, the agent, and the attorney out of fear that he will have black renters?




Fixed it. OP is a racist
Posted by Trevaylin
south texas
Member since Feb 2019
11480 posts
Posted on 7/6/19 at 9:29 am to
ditto, and remember that since there is only 5 members in the hot you get to pay 20% of all legal cost neither or not you agree with the complaint.
Posted by foj1981
Baton Rouge
Member since Nov 2013
4286 posts
Posted on 7/6/19 at 9:31 am to
frick a HOA
Posted by WhiskeyThrottle
Weatherford Tx
Member since Nov 2017
7356 posts
Posted on 7/6/19 at 9:39 am to
I’m with this guy. HOA are weak social pacts made for cowards.

But if you insist on going this route, require that the buyer live in the house for a year or two before rentals are allowed. Don’t do the 20% max rental thing.

What is the home value if you don’t mind me asking. If you’re in a low rent neighborhood, you’re going to have low rent problems. If you’re in a mid to upper class neighborhood, chances are lower of having problem renters.
Posted by NOLALGD
Member since May 2014
2790 posts
Posted on 7/6/19 at 9:39 am to
Here is some advice you probably won't listen too....

Creating an HOA that arbitrarily restricts a homwowner from renting their house is a pretty standard way to schedule a visit from lawyers from the Department of Justice.

Generally HOAs can control design and sometimes use, but not ownership. Only allowing single-family residential use is fine. Single family residential can even be reasonably restricted....at least 60 or 90 days minimum residency...i.e. no Airbnb. However, controlling if someone rents a single-family residential use is controlling how someone owns their property. If the new guys decides to sue yall he would win, yall would pay court cost and damages, and he would still get to rent the house.
Posted by wildtigercat93
Member since Jul 2011
116445 posts
Posted on 7/6/19 at 9:39 am to
You’re gonna fit in PERFECTLY with the HOA
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