Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 month ago

How are HOA's legal?Is there a legal way to fight the HOA shake down?  A not so legal way, also an option.?.?

Update:

Every new housing development that goes up now has an HOA.

There is no choice for those who buy new homes?  Is the choice HOA's ridiculous rules and fees paid to (?) or buy a home in a 40 year old neighborhood?  Who says an HOA can dictate how someone lives, I dont need to be told when to paint house or trim my lawn.  What happened to a "free country"?  When did we give away the basic right to live as we want?

7 Answers

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  • Anonymous
    1 month ago

    (1) - EVERY new housing development that "goes up" does NOT now have an HOA; (2) Yes, there are choices.  They are called "Buying in developments that don't have HOAs; (3) No, the choice isn't HOA's "ridiculous rules and fees paid to question mark OR buy a home in a 40-year old neighborhood.  See #1 and #2 above; (4) The HOA says it can dictate the rules.  See #1 and #2 above.  Buyers who buy in HOA development either sign to agree with the rules or buy somewhere else; (5) "Free country" has nothing to do with this.  Don't want to belong to an HOA?  Buy somewhere else.  Membership in an HOA is OPTIONAL - again, you don't want to belong, buy somewhere else.  You are not mandated to buy in a community which an HOA.  Your EVERY new housing development has an HOA statement, again, is false; (6) "We" didn't give away anything.  HOAs have been challenged over and over and over again, and the HOA has won on every "basic right" argument.  Don't like the rules?  Don't belong.  If you rent an apartment you can't raise sheep in the apartment.  Same argument.  Is raising sheep a legal right?  No..

    .

    Yes, retain legal counsel and argue whatever your problem is with the HOA.  Bring proof that your rights are being trampled.  Bring proof that you knew nothing about the HOA when you bought the property.  You'll lose, but it will keep you busy for a while. 

  • 1 month ago

    no one is forced to buy into a new housing development.....if you don't want to be in an HOA, buy an older house....or find a tear down outside an HOA and build a new house...older houses are built better, modern construction code focuses on cheap and fake materials like 'composite' wood....the workmen are not as skilled as they were decades ago...decades ago, it was a true profession of skilled labor, now they hire anyone off the street that can swing a hammer....  In NJ, many houses are from the 1950s or EARLIER.  100 year old houses are not unusual.  I grew up in a house built in 1918, it was great....the houses are updated to different levels, many are very modern.

    home owners?  if its a single family house, no one is forced to live in an HOA, people agree to it.  HOAs are only a necessary evil for condo apartments/townhouses that have shared walls, roof, yard area, etc.

    when tyrants get into power it is hard to stop them without a 6 digit legal battle....my HOA manager rewrites state laws, has violated criminal law, etc.

    many people buy into HOAs because they look good on paper, but find out they are heck holes with rules violated by the board all the time, nitpicking on stupid stuff (ie grass is a half inch too long, garbage put out 15 minutes too soon, etc)

    for some people, a single family home is not practical for them, and a condo apartment is the only option for home ownership.  for example, I am disabled.  because i own a condo, I don't have to deal with the yard or roof or boiler, etc...or the scamming lazy companies paid to do that job....The HOA manager has to deal with that.  I struggle to be productive an hour per day....i don't have the energy to deal with that.  I have a neighbor that travels a lot....having a house sit empty for months at a time is not practical for them....so they deal with the abuses of the HOA.

  • 1 month ago

    HOAs are legal associations. People make a conscious choice to live in a neighborhood with an HOA because they like the benefits HOAs provide. Unless an HOA is somehow breaking the law or violating your civil rights, you are bound by the terms you agreed to when you purchased your home. If you're a renter, your landlord is ultimately responsible.

  • Foofa
    Lv 7
    1 month ago

    You can always sue your HOA and that happens all the time. But as in most cases you affirmatively chose to join this group (by buying a property you know was under HOA leadership) you may not prevail in court unless this HOA is doing something that's pretty illegal. 

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  • 1 month ago

    If you do not wish to be part of an HOA, do not buy a house in an HOA.  That is a simple, elegant and completely legal way to avoid paying HOA dues.

  • 1 month ago

    It would be to your disadvantage (another other members) to disband the HOA.  Not to mention it might be against the law.

  • 1 month ago

    Vote out the HOA.

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