POA HOA Behavior - How far is too far...

Hi Robert -- that totally whomps! Are there bylaws people sign for with sign specifications or are they making up things as they go along ( being arbitrary and capricious ) ?

I think that HOA's certainly have the right to pass and enforce rules in the communities they oversee.  Some HOA's here in Dallas have "no sign" policies because they feel it diminishes the appearance of the properties in general or if many people put out signs it makes the area appear undesireable since so many people want to leave... and the HOA does not wish to advertise that fact.  The bottom line is, every HOA has policies that not all owners agree with, but if you purchase a property governed by an HOA, you agree to live by the rules they set up (unless you can get the rules changed).  It's not always a happy situation, but it is what it is.

Robert, We also have many HOA's here that will not allow a sign in the front yard.  The homeowners get around it by putting it inside the house in a window.  I see that all the time.  It is not as prominent as the front yard but is still noticeable.

Here at the lawfirm we get all kinds of people complaining from all different neighborhoods about this type of behavior.  There really isn't much you can do about it. We have fought for clients on certain issues and have settled on some, lost some and won some.  Depends on the situation.  One client had a "Saint" in her front door for religious purposes and the HOA doesn't allow religious symbols, statues in the front yard.  We actually lost that one.  I think you are stuck following their rules.

Hey Robert -- those special assessments can ready start to add up. I feel for you... that has got to be really frustrating. C.

Robert - I am a real tree freak - well I used to live in a townhome in a really nice country club community - I started planting fruit trees in my front and back yard - the board about had a cow - I became a member of the board - while I was on the board the members voted to pass strict rules on garden plantings - and I made a point that everything already planted would be grandfathered in if it was done prior to the new ruling taking effect - so all my trees were protected - until I sold - the board promptly had every tree, shrub and flower that I put in taken out!!! Beautiful mature fruit trees cut out and destroyed!!!! Hibiscus shrubs removed! So their evergreens could all be uniform!!! That was it for me.................never again a place like that!!! My property, I want to be able to do what I want!!! Don't tell me planting a starfruit tree in MY COURTYARD and a mango BEHIND MY LANAI is not allowed - or make my mortgage payments for me, please!!!

That is how I feel on this topic!!!!

Robert - Glad you were able to vent.  I don't have an HOA or POA but I do have many deed restriction.  From what I have heard some of these organizations go over board.

Robert,

We all have a "bundle of property rights" when we buy a property.  If the property is subject to covenants and restrictions, you give up some of those rights in your specific bundle.  As a real estate professional, you should be more aware of these things than others.  If you don't like the covenants and restrictions, don't buy in that neighborhood.  On the other hand, if the directors of the home owners' association are over-stepping their authority, you need to lead a group of residents to do something about it.  Attending the meetings is the place to start.