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Started By
Message
re: Forming a HOA
Posted on 7/6/19 at 10:09 am to NOLALGD
Posted on 7/6/19 at 10:09 am to NOLALGD
quote:
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.
Fair enough.
quote:
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.
Good points. I do appreciate the input. So in the event that he rents the property (which is zoned as single family) to more than one family, that's a code enforcement issue?
2
Posted on 7/6/19 at 10:09 am to S1C EM
quote:
Rental restrictions come in several forms, two of the most popular of which are caps and lease restrictions. Rental caps limit the total percentage of homes (commonly 20%) that can be rented in a development at any given time. The board usually approves rentals on a first-come, first-served basis and might have to keep a waiting list if the cap is reached.
This 20% rule could work harmoniously in a large subdivision of say 200 homes. With the allowance of up to 40 homes be rented, any waiting list will be statistically short compared to the potential of a 5 home / 1 rental arrangement. 1 rental could keep others from renting for potentially years. I know good families from other countries that are here in the US on a 5 year Visa and that's all they plan to stay.
Posted on 7/6/19 at 10:09 am to S1C EM
You or one of your neighbors should buy the house then.
YOU DON’T OWN IT, SO YOU DON’T GET TO RULE IT
YOU DON’T OWN IT, SO YOU DON’T GET TO RULE IT
Posted on 7/6/19 at 10:11 am to Jaydeaux
quote:
HOA are for chumps. I’d tell you to GFY if you brought that shite to me. Inevitably douche bags take over and will tell you that you cant have an American flag in your yard. Don’t be a sissy
Why would we do that, exactly?
Posted on 7/6/19 at 10:11 am to S1C EM
Because you never give power to your friends that you don’t one day want in the hands of your enemies
Posted on 7/6/19 at 10:12 am to fr33manator
quote:Sig worthy.
Because you never give power to your friends that you don’t one day want in the hands of your enemies
Posted on 7/6/19 at 10:13 am to TastyJibblets
quote:
Why don’t you just admit you are worried about “brown” people moving close to you
I don't care about what color anyone is if they just buy it and LIVE in it. What I AM concerned about is whether or not this buyer performs background checks and proper vetting. I suppose you'd be good with a sex offender moving in down the street from your kids, huh? That's a big concern when you've got a revolving door of a house close by. You never really know.
Posted on 7/6/19 at 10:14 am to S1C EM
The proposed HOA rule is discriminatory and would not pass a lawsuit.
The new lessee that moves in is probably building a bigger house that he is waiting to build. Probably a more outstanding member of society that OP.
The new lessee that moves in is probably building a bigger house that he is waiting to build. Probably a more outstanding member of society that OP.
Posted on 7/6/19 at 10:15 am to S1C EM
quote:
Good points. I do appreciate the input. So in the event that he rents the property (which is zoned as single family) to more than one family, that's a code enforcement issue?
If he subdivides the brand new high price single family home into multiple units, yea. Assuming your zoning info is correct.
Posted on 7/6/19 at 10:16 am to S1C EM
I would either ride it out or just talk to the owner and or new tenants. Instead of trying to manipulate things I’d just be up front with the people involved.
Posted on 7/6/19 at 10:16 am to S1C EM
Cringe
Posted on 7/6/19 at 10:17 am to S1C EM
quote:You also never really know if you will have a heart attack tomorrow, get hit by a bus, win the lottery, etc. You don’t seem preoccupied with those notions; it seems.
You never really know
I am pro-HOA; but your agenda here is not legally viable.
Posted on 7/6/19 at 10:18 am to S1C EM
Posted on 7/6/19 at 10:19 am to S1C EM
quote:
Why would we do that, exactly?
With this house for sale and the other selling in the next few years you may find yourself with a narrow 3-2 majority pretty quickly. 1 of those existing neighbors decides they don’t like you and this idea could turn south in a hurry when you are the one being dictated to.
Posted on 7/6/19 at 10:19 am to NoSaint
quote:
If he subdivides the brand new high price single family home into multiple units, yea. Assuming your zoning info is correct.
Yes, I'm correct. What constitutes "subdividing?" There's a main level and a basement with 2 beds/2 baths and it's own entrance.
Posted on 7/6/19 at 10:22 am to S1C EM
quote:
Nope. Would love to, but not really any of my business.
Sure seems like you’re trying to make it your business.
Posted on 7/6/19 at 10:22 am to GoHoGsGo06
quote:
You also never really know if you will have a heart attack tomorrow, get hit by a bus, win the lottery, etc. You don’t seem preoccupied with those notions; it seems.
Fair.
quote:
I am pro-HOA; but your agenda here is not legally viable.
Not sure why it isn't (assuming you're talking about the 20% clause) seeing as it is commonplace.
Posted on 7/6/19 at 10:24 am to S1C EM
quote:
What constitutes "subdividing?"
Just the land. Say you have a 2 acre lot. It's deeded that you can't subdivide it. In other words, you can't split up your 2 acres into 8 quarter acre lots and throw in some mobile homes.
You can't specify anything about the house itself about certain entrances, etc.
Posted on 7/6/19 at 10:25 am to S1C EM
quote:
Not sure why it isn't (assuming you're talking about the 20% clause) seeing as it is commonplace.
In large neighborhoods. Not 5 homes where one is already renting and there is no existing HOA.
This is you
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