When Homeowners Associations Go Too Far. Turning Neighborhoods n2 Battlegrounds

[stephendare]

http://abcnews.go.com/2020/story?id=123915&page=1&page=1

ABC news had this chilling trend that is polarizing and destroying the peace and happiness of neighborhoods across the country.  Homeowner Associations who are beginning to act more like petty tyrannies than American neighborhoods.

Thinking of putting up pink flamingos in your garden? Or hanging the laundry out to dry?

You might own the house, the garden and the lot, but if you're one of the nearly 50 million Americans living in communities run by homeowners associations, you may find you don't have the freedom to do everything you like on your property.

Homeowners associations are nonprofit organizations that manage the common areas in a housing development. They have rules that can be strict, and critics say that enforcement of those rules is increasingly turning neighborhoods into battle zones.

"The level of frustration in associations is escalating and in some cases, going through the roof," says Evan McKenzie, a political science professor at the University of Illinois who has written a book about homeowners associations, Privatopia: Homeowner Associations and the Rise of Residential Private Government.

"The problem is when they go to ridiculous extremes, when they become neighborhood tyrants." McKenzie adds.

The rules can be very picky. A homeowners association in Mesa, Ariz. said no to a resident's frog planters. An association in Atlanta, Ga. ordered a family to remove their pink flamingos, and a board in Sun City, Calif. put the kibosh on clotheslines. Associations can even dictate where you can park your car, with one in Escondido, Calif. requiring residents to leave their cars in the garage not in the driveway.

[reednavy]

I understand some things that HOA's try to do are for the overall good, but telling me I can't have certain plants, paint colors, or anything along that line is asking for trouble. Glad I live in a neighborhood that doesn't have one.

[fsu813]

Me too.........i'd hate it.

[mtraininjax]

HOAs are in real trouble due to foreclosures. How do you get the dues from a foreclosure? Would not want to be part of an HOA with dwindling revenues. State laws mandate that HOAs, for condos, maintain certain amounts of insurance. Tough when you have units in foreclosure.

[reednavy]

My parents live in a neighborhood in Murfreesboro, TN where it is an option to participate. The only real restrictions they have are storage sheds and chain fences.

There have been a few stories from nearby Williamson County, especially Fieldstone Farms and the whole flag pole war.

[fsujax]

^^I wouldn't expect anything less out of Williamson County, but I have to say that whole county is top notch the way it looks. Very nice, especially Brentwood and Franklin.

[Lunican]

As a result of homeowners associations attempting to restrict tv antennas and satellite dishes, Congress got involved in 1996.

As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices (“OTARD”) rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), broadband radio service providers (formerly multichannel multipoint distribution service or MMDS), and television broadcast stations ("TVBS").

The rule prohibits restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule. The rule applies to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners' association rules, condominium or cooperative association restrictions, lease restrictions, or similar restrictions on property within the exclusive use or control of the antenna user where the user has an ownership or leasehold interest in the property.

http://www.fcc.gov/mb/facts/otard.html

[reednavy]

^^I wouldn't expect anything less out of Williamson County, but I have to say that whole county is top notch the way it looks. Very nice, especially Brentwood and Franklin.

However, they have the state's highest foreclosure rate, not surprising.

You'd be surprised that people are beginning to leave there for Rutherford County and Murfreesboro because they're sick of the way things are in WillCo.

[A-Finnius]

I live in an HOA Neighborhood.. My Girlfriend refers to it as the "Nazi Fortress"...

[subro]

I was President of a HOA in St John’s County for the last few years and it was nothing but headaches. It is painful to moderate a raucous meeting for hours discussing the pros/cons of speed bumps and the proper location of satellite dishes. 

[Dapperdan]

I live in one now in Oakleaf.  If you live in  a area that has high foreclosures or half built developements, the people that remain are hit hard. We were fined an assesment for the remaining townhomes in our area that are not yet built with a  promise they will be refunded when the developer builds the units as promised.  The assesment was a one time fee meant to cover the losses of homes not being built.Our dues are also going up due to vacancies. It can be very roguh and for the most part, there is not much you can do about it. Theya re given too much power, and if you refuse to pay an assesment a  lien is placed against your house.

[Dog Walker]

Congress also carved out solar energy from the power of HOA's.  They cannot prevent you from putting up solar hot water heaters or photovoltaic panels.  Historic associations can do so which will soon be an issue that RAP and SPAR will have to address.

[jason_contentdg]

Yes, DW.  Solar panels will become more of an issue soon.  Although its important to remember line of sight when dealing with solar panels.  I would think most homes, other than corner lots, will be able to incorporate the panels without much argument.

[copperfiend]

Our HOA is bad. When it was run by the builder (KB Homes) we never had an issue. Now that we have a board, it is out of control. There have been days where I rinse out my trash cans and leave them out to dry and get a nice letter on my front door threatening fines.

[hooplady]

There is already a revolution brewing amongst the clothesline guerrillas...
http://www.laundrylist.org/

I will fight for my Right to Dry!!!