Why Do So Many On INGO Hate HOA's?

[Ingomike]

I mean, I've been saying, "WOW!" to you this whole thread. I think your way is silly.

Apparently the creators of the laws thought differently.

Do air rights extend indefinitely into space? No, that's not practical. I think it's about 500 ft. If I'm near enough to the airport where 500 ft matters, I'd be happy to rent them some of my airspace. But they don't get exclusive rights. They'll have to go around if I'm flying my drone.

Actually there is a law that forces owners in certain areas around the airport to sell the air rights to the airport authority when they sell their property. Or the current owners can call the airport authority and they will cut them a check. (Last I knew of this was 15 years ago, they may be done with it now.).

Similarly, I can see making a deal where the buyer grants use to the seller of parts of the rights that come with land ownership. But it wouldn't necessarily be exclusive nor permanent.

If not “exclusive nor permanent” what kind of an enforceable agreement would it be?

Also, I was told by a real estate attorney that when the farmer put the no pigs restriction in place, that after the farmers property changed owners the owner of the restricted property could petition in court to remove it and likely would win if the new owner did not object.

 

[jamil]

Apparently the creators of the laws thought differently.


Actually there is a law that forces owners in certain areas around the airport to sell the air rights to the airport authority when they sell their property. Or the current owners can call the airport authority and they will cut them a check. (Last I knew of this was 15 years ago, they may be done with it now.).


If not “exclusive nor permanent” what kind of an enforceable agreement would it be?

One which does not violate the current property owner's rights.

Also, I was told by a real estate attorney that when the farmer put the no pigs restriction in place, that after the farmers property changed owners the owner of the restricted property could petition in court to remove it and likely would win if the new owner did not object.

 

[Ingomike]

LOL. You mean like all the wars that happened before developers started imposing HOA's on their deeds? You really do have a vivid imagination

You really think that if the HOA was made null and void and the owners of the subdivision were to decide what they wanted to put in place, as has been suggested here, they would all sing kumbaya and agree?

I would expect a bloodbath.

 

[phylodog]

Also, I was told by a real estate attorney that when the farmer put the no pigs restriction in place, that after the farmers property changed owners the owner of the restricted property could petition in court to remove it and likely would win if the new owner did not object.

Same should apply to the new owners of homes in a subdivision once the corporation which created it has sold their last stake in the property. Then I'd be a lot more ok with HOAs.

 

[Ingomike]

One which does not violate the current property owner's rights.

Then why have an agreement at all?

 

[phylodog]

You really think that if the HOA was made null and void and the owners of the subdivision were to decide what they wanted to put in place, as has been suggested here, they would all sing kumbaya and agree?

I would expect a bloodbath.

So achieving it through force essentially is appropriate. HOAs must exist in spite of their lack of appreciation.

 

[jamil]

Then why have an agreement at all?

Say I sell some land. I'd like to lease some of it from the new land owner to farm. New owner agrees. I lease the land and farm it until the lease is up. If we both like the arrangement, we do another lease.

 

[jkaetz]

So if it suits you,

No that's not what I said. I was very specific in what I defined. It would apply to those who've sold the land and have no connection to it. As such doesn't apply to many of your counter examples:

• Someone who sells part of their multiple acres and doesn't want a pig farm next to them. No problem.
• Airport buying air rights. No Problem
• Selling mineral rights only. No Problem
• Developer selling out and moving on completely. Problem

you would take their rights away just because you don’t like what they do? Glad you can confirm the truth, so many here cannot.

You're trying hard to make it sounds like preventing large corporations from dictating how we live is a bad thing.

 

[jamil]

I want the developer to move on. I'd rather the developer does not impose an HOA on the residents in perpetuity. The residents should have more than a Hobson's choice on the matter.

 

[Route 45]

Just as the founders intended.

Happy Independence Day!

REMINDER: Your Homeowners Association Can Fine, Even Foreclose Over Fireworks In Florida - BocaNewsNow.com

BY: STAFF REPORT | BocaNewsNow.com

bocanewsnow.com

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HOMEOWNERS have been left divided after an HOA announced that it would be fining residents for participating in a Fourth of July activity. One resident was openly up and arms, after their HOA, …

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[KLB]

If one cannot understand the difference between government and private contracts I cannot help them. Disappointed you even thought of this, you are better than that…

It really isn't that different. If all new subdivisions have HOAs which are created by the developers, you have no choice if you want to live in a new subdivision. Just as you would have no choice of car to buy.

 

[phylodog]

Just as the founders intended.

Happy Independence Day!

REMINDER: Your Homeowners Association Can Fine, Even Foreclose Over Fireworks In Florida - BocaNewsNow.com

BY: STAFF REPORT | BocaNewsNow.com

bocanewsnow.com

HOA to issue fines over common 4th of July practice - but some will ignore rules

HOMEOWNERS have been left divided after an HOA announced that it would be fining residents for participating in a Fourth of July activity. One resident was openly up and arms, after their HOA, …

www.the-sun.com

FREEDOM!!!!!!!!!!

 

[Ingomike]

So achieving it through force essentially is appropriate. HOAs must exist in spite of their lack of appreciation.

The only way to achieve not allowing a landowner to create an HOA is through the use of force thereby taking the landowners rights. Can you not see that the only way to get what you want is to take a landowners rights?

 

[Ingomike]

Developer selling out and moving on completely. Problem

The developers set the rules and restrictions that are then agreed upon by the buyers of the developers land. After the developer is gone the agreement continues between the individual landowners and those that wanted an HOA have every right for it to continue as they all agreed when they bought in.

Obviously if the percentage of owners specified in the bylaws wants to make changes they have that option. But for those that want an HOA your proposals would take their rights away. Those that do not want an HOA just shouldn’t buy and agree to an HOA if they don’t want one.

 

[Ingomike]

Just as the founders intended.

Happy Independence Day!

REMINDER: Your Homeowners Association Can Fine, Even Foreclose Over Fireworks In Florida - BocaNewsNow.com

BY: STAFF REPORT | BocaNewsNow.com

bocanewsnow.com

HOA to issue fines over common 4th of July practice - but some will ignore rules

HOMEOWNERS have been left divided after an HOA announced that it would be fining residents for participating in a Fourth of July activity. One resident was openly up and arms, after their HOA, …

www.the-sun.com

Yep, don’t make agreements one does not understand the details of and want to abide by.

 

[Ingomike]

It really isn't that different. If all new subdivisions have HOAs which are created by the developers, you have no choice if you want to live in a new subdivision. Just as you would have no choice of car to buy.

Private vs. government is a big difference to me. If all new cars have a feature every manufacturer decided to put in that you didn’t want it still would be market forces prompting that feature not the power of government.

Maybe instead of all the indignation about the developers creating HOA’s folks should look at why they do it, the answers are likely there.

 

[Route 45]

Yep, don’t make agreements one does not understand the details of and want to abide by.

Translation: I'll sign my rights away, 'cause muh property "value." Govern me harder, daddy!

 

[Ingomike]

Translation: I'll sign my rights away, 'cause muh property "value." Govern me harder, daddy!

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You would take the freedom of full property rights as the seller and buyer of property away?

 

[Route 45]

You would take the freedom of full property rights as the seller and buyer of property away?

When did I say that? Just pointing out the ridiculousness of bleating about "freedom" while signing your rights away on the very place that you live your life. I'm not the one that's all hot and bothered about controlling my neighbor's mailbox color.

 

[Ingomike]

When did I say that? Just pointing out the ridiculousness of bleating about "freedom" while signing your rights away on the very place that you live your life. I'm not the one that's all hot and bothered about controlling my neighbor's mailbox color.

Very simplistic thinking from only a simple point of view. Do you realize life is about trading rights away. The right of your time vs. a paycheck for one. The freedoms of association in the constitution grant the like minded the freedom to create enforceable agreements as to how they will live. I enjoy that freedom…