5 most over-the-top HOA rules
A well-run HOA can create a wonderful sense of community and keep nearby eyesores from dragging down your property value. Unfortunately, there is no shortage of examples of homeowners associations taking actions that seem to defy common sense--and in one case, the law. Here are five stories of the most obsessive HOA rules around.
5 obsessive HOA rules
Perfectly manicured lawns a la Wisteria Lane may look nice, but they can come with a steep price tag. And we aren't only talking about the homeowners association fees. Some residents say they've had to contend with power hungry HOA board members and illogical rules that make it difficult to enjoy their home and property.
1. Holiday wreath provokes HOA wrath
Residents of Serrano El Dorado in El Dorado Hills, Calif. must comply with a requirement to remove holiday decorations two weeks after the celebration. Fair enough. After all, who wants to see their neighbor's Christmas lights up in March? Except that in Serrano El Dorado the HOA is apparently deciding whether resident decorations are appropriate to the holiday.
"I have received compliance violations because they felt the wreath at my front door should have been changed for the holiday," said one resident who wished to remain anonymous. "They felt my wreath was still up from Christmas just because it was red--it was actually for Valentine's Day.
2. Rigid landscape rules
When Richard and Sally Goffer decided to make improvements to their Rockford, Mich. home, they thought they had covered all their bases. Before starting work, they received permission from the HOA and discussed their plans with their neighbors. Once done, however, the HOA took exception to the addition of a small strip of concrete and rain barrels along the side of the house.
The HOA eventually agreed to allow the rain barrels so long as additional plantings were placed as screening. The Goffers added some planters only to receive another violation notice indicating the concrete needed to be torn up and the plants placed in the ground. After extensive discussions--including a trip to an attorney's office--the Goffers reached an agreement with the HOA that allowed the planters to stand.
3. No dogs allowed
Sometimes HOAs can find themselves on the wrong side of the law. A resident of a Brooklyn Heights co-op remembers an incident in which their board president stubbornly refused to concede that service dogs were permitted in the building.
"What was amazing was that he didn't even care about the laws and case studies being sent to him," said the resident. "He didn't want dogs in the building."
Eventually, the building management company had to become involved to convince the board president it was illegal to prohibit service animals. As for the board president? He was defeated in the next election.
4. Mailbox maintenance gone postal
It is not unusual for HOAs to require houses and accessories to be properly maintained, but some communities take their requirements to a whole new level. A resident of the Amherst Homeowners Association outside of Atlanta discovered the hard way that she and her HOA didn't see eye to eye when it came to property upkeep.
"I have received numerous letters from my HOA--including one certified letter--about my black mailbox needing a fresh coat of paint," she said. "The mailbox is black! It doesn't even show wear and tear."
5. Flowers declared fire hazard
Finally, community developments often have common spaces that are to be shared. Some residents have tried to liven up those areas--and failed. At Bonnie Russell's development in Del Mar, Calif., the HOA banished flowers from one space after determining a pot placed in a corner on a 12-inch diameter riser was blocking an exit.
"The flowers were a cheerful presence, but they claimed it could be a fire hazard," said Russell. "Now the place is stark…and dull."
How to avoid an HOA nightmare
HOAs can help create communities that have both curb appeal and stable property values, and these associations have seen explosive growth during the past 40 years. According to the Community Associations Institute, associations have expanded from 10,000 communities with 2.1 million residents in 1970 to 309,600 communities representing 62 million residents in 2010.
With so many communities and members, it is inevitable to find a few bad apples. However, Patrick Hohman, a volunteer for his condo association for 24 years, says those are few and far between.
"While a few overzealous volunteers can make bad decisions," said Hohman, "the majority do not."
Doing your homework beforehand can go a long way to avoiding a HOA horror story. Potential buyers should carefully review a community's covenants, conditions and restrictions. It is important to understand the rules and determine whether you are comfortable living under those terms. If a conflict should arise, contact your HOA board members to calmly explain your concern and remember to get all agreements in writing.
Although conflicts between homeowners and their board members can be stressful, the best advice may be to keep a cool head. Remember, in the end, everyone in the community shares a common goal: to create an enjoyable place to live.
