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Does an HOA Allow You to Choose Your Neighbor Based on His/Her Profession??

By
Real Estate Sales Representative with Re/Max Results Plus

I am dumbfounded.  I am representing a wonderful young couple who are searching for the perfect first home.  Their needs are simple and reasonable.  They want at least three bedrooms and a basement.  They are hoping to get more than one bathroom and would love to have a two car garage.  electrician

We recently went to look at a HUD foreclosure.  Typically, one might think nasty and trashy when a HUD foreclosure comes to mind.  Well, this one was  real beauty - truly.  It needs little work.  The house is in a new subdivision.  It is perfect for my buyers.   It has everything they are looking for.  The homes are well kept, the neighborhood looks nice and clean, and one can understand the desire (and need?) to have a Home Owner's Association to keep it that way.

What is particularly aggravating to me is why my clients can not bid on this house.  The husband is a very hard working, licensed electrician who happens to drive a work van with two ladders on top.  He and his wife would make ideal neighbors.  They are friendly and fun.  They are clean cut and will take good care of their house.  I would be proud to have them as my neighbors. 

This particular HOA will not allow work vans to be parked in the driveway.  And the work van is too large for the garage.  This is going to keep my clients from bidding on this HUD foreclosure.  The fact that my clients will be taking a HUD foreclosure off their street, the fact that they are great people and will make great neighbors - all of that is negated by his work truck.

The HOA association would be much better off to take my clients (and their truck) in as homeowners than to continue to have a HUD foreclosure on their street.  However, the board has decided to stick with their rules and has rejected our request.  I can only wonder if this HOA realizes that the stigma of a HUD foreclosure in their neighborhood is bringing everyone's property value down? 

Unfortunately, my clients will have to look in neighborhoods that do not have an HOA because he is an electrician.  Do you find that to be discriminatory???  Would it bother you to have a great neighbor who happens to drive a clean work truck???  I just don't get it...

Julia Huntsman
Huntsman Properties - Long Beach, CA
BPOR, CDPE, e-PRO, SFR, Broker
Hello Bridget, It's very frustrating to lose a possible transaction over such an issue, but the same has happened to me, and I was trying to help clients find a house. States may vary about HOA laws, but some things are similar from state to state, and rules about vehicles, type, size, and where they can be parked, etc., are not unusual and in fact are pretty standard. While your clients could be good clients for the HOA, the Board is also required to uphold the rules. I hope you're able to find them another location that works best for them! 
Mar 25, 2008 04:12 AM
Alan Langstone
Mount Pleasant, SC

I would just like to add, that the same is present here in Mount Pleasant with a lot of the neighborhoods.

Not all of them would be so strict about work vehicles. Although some are even worse, ie you are not allowed to leave your garage door open.

The one thing to remember is that the laws/restrictions would have been put in place by the developer of the community. It is likely that even if the board of the HOA decided that it was not what they wanted now, it may take considerate legal/voting of homeowners to be able to change the rule. It's often not as easy as the board having a show of hands.

Mar 25, 2008 04:20 AM
Joe Adams
Major Mortgage USA/Branch Manager - Montrose, CO
Bridgett, petition the HOA for permission and make the approval from the HOA part of the contract.  HOA can change silly nitpick things like that
Mar 25, 2008 06:32 AM
Bridgett Raffenberg
Re/Max Results Plus - Cincinnati, OH
Realtor Cincinnati, OH
Joe, Thanks for the advice.  I am so disgusted by the whole thing because it's a great house for them and they are really great people.  I will definitely look into that!  It's a great idea and my buyers will be thrilled to hear there might be an alternative.
Mar 25, 2008 06:50 AM