11/24 #2
@CountBoredomYou're probably already aware, but boards can raise dues up to 20% a year without a vote from the membership. Just something to chew on. G'Night!
That was Plan B if the assessment didn't go
through.
Question for you HOA folks: Do you like being in a Home Owners Association? Doesn't it bother you to have someone tell you how/when to mow/water your lawn, whether or not you can park your car outside, what color your house must be, whether or not you can fly a flag, etc.? I would go down shooting before I would allow someone else to dictate those things to me.
@Fuzzy Thunderbear, I think it all depends on what kind of HOA it is. You are absolutely right that there are some HOAs which have frivolous rules and draconian enforcement--those are the stories you hear about because they can be so extreme. It also depends on the nature of the ownership and management of the Association. Most Associations are Condo or Apartment associations: home owners don't technically own their unit/property; instead they own a share of the whole complex and are granted exclusive use to a single unit. As such, the Association actually owns all of the property and the Board has a fiduciary responsibility to consider the interests of the property as a whole, rather than the interests of a single owner. With large associations or associations which have a large proportion of off-site owners (meaning, more renters living in the complex), you will often find an active or on-site manager whose duties include not just coordinating maintenance and repairs, but also rule enforcement. If they do not enforce the rules, they may be considered to not be doing their job and could be fired...
I live in what is known as a PUD (Planned Urban Development). Unlike a condo association, each homeowner actually owns the lot on which our home sits, as well as a fraction of the shared common area surrounding us. This common area includes amenities such as a pool and tennis court, as well as the streets (which are private--not maintained by the city), guest parking areas, and landscaping (which includes lots of trees and walking trails). The Association is responsible for all of the common areas, but only partly responsible for the individual lots. I say partly because the house in which I live is a single family, two-story house that shares one wall with a neighbor. This is the case for every home in our complex. The shared wall means that the Association also must maintain some control over external factors of each building; otherwise a problem that affects one unit may actually affect two. Thus, the Association also maintains exterior surfaces such as roofs, stucco, and painting--as long as they are original to the home (more on that below).
Do I like being in a Home Owner's Association? In this one, yes. Because I own the property, I can do many things which are protected under property rights (such as fly flags, install solar panels, use a satellite dish) and have full leeway to adjust the interior of my home). I can also make exterior changes to my building or yard space so long as they are vetted and approved by the architectural or landscape committee, who will usually approve something so long as the plan is appropriate (say, not installing water intensive landscaping on a slope or planting a tree with invasive roots right next to the house) and does not intrude on a neighbor or common space (these limitations also work to protect me from my neighbors). If changes to my home's exterior are more than cosmetic, the Association will require me to sign an indemnification that says that I, as the homeowner, are now responsible for that section (for example, installing solar panels on my roof means that I--not the Association--am now responsible for that section of the roof, and any leaks or other problems with it will be borne solely by me). The fact that the Association maintains the exterior portions such as walls, stucco, and paint means that not only will the Association fix problems that arise, it will also maintain them on a regular schedule (hence the assessment discussion). The Association also performs perfunctory gardening duties in my backyard, so they are the ones who water and mow. Because all owners own their lots, we do not have an on-site manager; committee walk-
throughs occur monthly, during which violations are noted and acted upon (such as the students across the street who have used bright orange duct tape to hold a red towel in place over a skylight because one of them is sleeping in a room that was not intended for a bedroom--and he doesn't like the light shining
through). Because the board consists of homeowners who live on-site, consideration and care is involved whenever a decision must be made or a violation notice sent.
Specific to your follow up questions:
Doesn't it bother me to have someone tell me how/when to mow/water my lawn..?
Since the Association mows the lawns on a regular basis, I don't have the need to do the mowing myself, so no I am not bothered by that. As for water, the City/County/State tells us how and when to water our lawns because of the severe drought here.
... Whether or not I can park my car outside..?
I have a two-car garage as well as a space next to the garage for a third spot. Further, my driveway is long enough to accommodate a vehicle parked perpendicular to the garage door (this only true for some of the houses in our neighborhood), which is in accordance with the City's municipal code. That said, I could conceivably park 5-6 vehicles on my lot (4 of them outside) without issue. Guest parking spaces on the street are another matter--technically they are to be used only for guests, but the Association has never been very diligent about parking enforcement. In my case, I would prefer that parking enforcement were stepped up, as I technically own a fraction of each spot. Since the housing bubble burst, there has been an increase in renters, particularly students, in our area who bring with them three to five cars--plus the additional cars of the their boyfriend/girlfriends. This means that a single home could have up to as many as ten cars parking overnight or throughout the day. Considering that we have 15 guest parking spots on my street and six student rentals.... well, if I were to have, say, a birthday party for my son, where could my guests park?
... What color your house must be..?
House color, to me, is not very important. That said, I knew what color the house was when I purchased it... and it hasn't changed. Since the Board maintains the painting schedule, they follow a specific palette of colors to keep costs down and maintain the same color scheme as before because to change it would require agreement from most owners or they risk facing the wrath of their neighbors. It also means that I don't have to worry about my neighbor painting their house bright orange with purple polkadots.
... Whether or not you can fly a flag, etc.?
Since I own my own property, I have the right to fly a flag as I wish. With regard to the "etc.," getting approval from a committee is not as unreasonable as it sounds. Certain changes or improvements are so common as to be an automatic approval, so long as they fall within general guidelines (garage doors, for example, must fall within the color scheme and cannot include windows), while more complicated modifications are considered by a committee with input by the Association's general contractor. As such, approvals will sometime have additional requirements, such as one homeowner's rear addition which had the additional requirement that a drain be installed to collect rainwater run-off so that it did not erode the hillside below they house.
That was a lengthier post than I had intended... but sometimes an answer is more complicated than a simple question would suggest. My apologies to those who are not interested in the subject.
..........I will have that "A-HA" ..expression on my face ...but more than likely that may be one of the last things I do before I keel over 
