Heat and HOAs

It's hot.

The air conditioning in my car went out. It's going to be expensive to fix. At least it's a little cooler today (it was only 88 the last time I checked)...

Record heat and dry weather tends to lull us into a false sense of security with regard to hurricane season. It is still hurricane season, folks. So get/stay prepared for whatever may come. Make sure you have batteries/fuel/food/water for whatever may come. I spoke with one of our first responders earlier and joked about lightning not striking twice in the same place. He didn't laugh - and I don't think it's because it was a tired joke...

There has been some interest and concern recently with regard to HOA - Home Owner's Associations - in and around the City. It's a relatively new phenomenon here in the City, so I wanted to take a minute to discuss some of the details as I understand them. Please note that I am not a lawyer, so any REAL questions should be directed to competent legal advisers (not some moron's blog...) :-)

A million years ago (or so it seems) people LIKED taking care of their houses. I know there are a few odd balls out there (like me) who still enjoy working on their yards/houses, but we are no where near the level that our father's/grandfather's were/are. The appearance of one's house/neighborhood has an effect on the entire neighborhood - particularly when it comes time for selling the place. Good looking homes and neighborhoods are more valuable than not as good looking. The question is: how does a neighborhood enforce aesthetic guidelines, and particularly maintenance, on private homes? Thus, the home owner's association is born.

The HOA is the enforcement/governing arm of the deed restrictions. Deed restrictions, sometimes called CC&Rs (for Covenants, Conditions, and Restrictions - not Credence Clearwater Revival...), represent a contractual obligation between the home/property owner and, well, everyone else in the neighborhood. It was one of the million papers you signed when you bought your home. Good real estate agents will disclose that there is an HOA before you buy, but whether or not you were informed, you and your property is bound to the guidelines and restrictions that the deed restrictions impose. Like it or not. And impose they do: deed restrictions can govern everything from type of grass to be installed, fencing materials, paint colors, outbuilding construction/location, etc. Almost anything that relates to the property can/will/should be governed by these restrictions. Enforcement is usually handled by the HOA - you'll get letters, knocks on the door, and even fines imposed if something is done in violation of the deed restrictions. If the HOA has to hire someone to take care of your yard, for example, you'll get a bill, which, if you don't pay, is just like any other bill you don't pay.

So what is the City's role in all of this? Well, it's not much. And it's complicated. The City - our City, anyway - has decided that it has an interest in maintaining common areas and drainages (should the HOA fail to do so). The City may collect fees for that maintenance. In reality, that's very generous on the part of the City. The City accepts dedication of drainage easements for neighborhood drainage, which it then assumes the responsibility for maintaining. Sometimes. I told you it's complicated.

Aesthetics, lawn length, paint colors, etc are not in the City's realm of general concern. Certainly dilapidated buildings or weeds that are excessively high are health/safety issues potentially, and deserve some concern. But a home's exterior paint color is not. Other communities have ventured into these turbulent waters and have found themselves in trouble - both legal and ethical... Ultimately, deed restrictions represent a contractual obligation between the home owner and the HOA, and the City is not/should not be involved. Honestly, we have enough to do without having to worry about enforcing a dozen or more subdivision's deed restrictions. We have the entire City's ordinances to enforce...

So that's it in a nutshell. HOAs are here to stay. They are binding to each property owner in perpetuity, to all heirs and assigns, and stay with the property regardless of who owns it.