Homeowner's Rights
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I'll keep this quick and dirty. I have been researching the role of Homeowner Associations in Maryland. Before the end of the month I will hopefully post a link to an op-ed I am writing on this subject. If it no newspaper wants to publish the op-ed, well that is the beauty of the Internet now isn't it. I'll just publish it here.
The thing is of the people who I have spoken to by going neighborhood to neighborhood their is an overwhelmingly negative opinion of homeowner associations (HOA). I have heard one over riding sentiment; it is my home, the most expensive thing I will probably ever buy, no one has the right to tell me what I can and can not do with it. An example of something HOA's like to ban - window air conditioners. One home owner who supports the ban said if they can't afford to run their central AC, the should consider moving to a cheaper home!
I am an experienced real estate title searcher. Deeds used to contain restrictions that banned the following on the property: No niggers, pigs, goats, chickens or Jews. Obviously the reference to two races were outlawed by the Fair Housing Act. The keeping of live stock is regulated by zoning laws. The thing is the point of these restrictions was to insure that property values in the neighborhood weren't impacted by the actions of any one homeowner. This is the exact same justification for the existence of HOA's. So we haven't really come that far have we?
The thing is of the people who I have spoken to by going neighborhood to neighborhood their is an overwhelmingly negative opinion of homeowner associations (HOA). I have heard one over riding sentiment; it is my home, the most expensive thing I will probably ever buy, no one has the right to tell me what I can and can not do with it. An example of something HOA's like to ban - window air conditioners. One home owner who supports the ban said if they can't afford to run their central AC, the should consider moving to a cheaper home!
I am an experienced real estate title searcher. Deeds used to contain restrictions that banned the following on the property: No niggers, pigs, goats, chickens or Jews. Obviously the reference to two races were outlawed by the Fair Housing Act. The keeping of live stock is regulated by zoning laws. The thing is the point of these restrictions was to insure that property values in the neighborhood weren't impacted by the actions of any one homeowner. This is the exact same justification for the existence of HOA's. So we haven't really come that far have we?
He did not do an adequate job, and so the city came and tore up his yard with heavy machinery hauling the stuff away to be disposed of. Up until that point I can see the justification for it. I don't particularly agree with it, but I can understand why that would be done. However, they then charged him for the labor and the equipment used and everything else - he was told to pay a sum of over $10,000.
It's not the same as a Home Owner's Association, but it is certainly related. The cost of doing something like this should be the disincentive for violating a person's rights and encourage peaceful resolution to problems before such drastic measures are taken. For a person to be told to pay $10,000 without a trial or hearing or even breaking the law is absurd.
The HOA is no different. It's the same principle. They don't have the right to do what they do. Thanks for the good entry.