HOA bummer

Discussion in 'DIRECTV Installation/MDU Discussion' started by lifeislife, Mar 15, 2008.

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  1. Mar 17, 2008 #61 of 106
    tcusta00

    tcusta00 Active Member

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    Sarcasm isn't becoming. Picture this: A community of homes that are all light blue or tan - they're all connected, by the way, they're townhomes. And some moron wants to come in and paint his house BRIGHT RED. That would be cool with you, seriously, if you lived next door? Oh, and in the process, it drives down the values of every home around it because it's an eyesore. And further still, the guy that bought the house and painted it agreed, in writing, to keep the house color the same and had a choice to buy a house down the street in a community without an HOA and this community, with one. :nono2:

    Rules is rules. Don't like it, don't buy the house. I don't know why all you people who DON'T live in HOA communities are bashing HOAs - it was your choice not to buy there - good for you - if you see it as a Nazi installment that's fine, but don't feed into the pervasive attitude that all HOAs are bad. Do you really have nothing better to do then to comment on something that doesn't effect you at all? And if you're bashing the HOAs and DO live in an HOA community, why in the hell did you buy a house there in the first place?! The HOA wasn't created AFTER you purchased the house - you got a copy of the bylaws before you signed at that settlement table.
     
  2. Mar 17, 2008 #62 of 106
    chdoud

    chdoud Legend

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    Exactly correct

    I first moved into a small sub in 1997 with a HOA. Very new to me then but my choice, and did not regret it.
    When I moved in 2002 I looked for a HOA controlled sub and again happy I did. Again my choice.

    .......:biggthump
     
  3. Mar 17, 2008 #63 of 106
    glennb

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    Getting all worked up over nothing and saying stuff like "why in the hell.." and "Nazi installment" isn't becoming either.
    :nono2:

    Saying some guy wants to paint his house bright red is a slight exaggeration isn't it ? I've never seen a house anywhere painted bright red, even in the non-HOA areas. Get real.
     
  4. Mar 17, 2008 #64 of 106
    carl6

    carl6 Moderator Staff Member DBSTalk Club

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    I have seen houses painted darned near any color and combination you could imagine, including bright red, bright purple, etc. There is absolutely no limit as to what some people prefer, and would do if permitted. I personally do not find "outstanding" colors offensive, but can appreciate the desire for a lack of general clutter (dead cars, etc.). I am not currently covered by an HOA, and if/when I ever move again would probably lean toward the same, not having an HOA. But they do serve their purpose and it's great for those who want them.

    Carl
     
  5. Mar 17, 2008 #65 of 106
    tcusta00

    tcusta00 Active Member

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    I'm not getting worked up, first of all. Second, I wasn't the one referring to HOAs as Nazis, other people in this thread did and I was just quoting them - don't attribute other's words as mine. Finally, "why in the hell" is an expression I chose to use to express how dumbfounded I am at people that buy houses in HOA developments if they don't care to follow the rules and then complain til the cows come home. You're just being nitpicky and trying to find something wrong with my opinion, which is exactly that, my opinion.

    No, it's not an exaggeration at all. There's a bright orange house in our town. And a pink one. And a fluorescent green one. And I'm sure there's plenty in your town too. Unless you live in Pleasantville. :rolleyes:
     
  6. Mar 17, 2008 #66 of 106
    Tom Robertson

    Tom Robertson Lifetime Achiever DBSTalk Club

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    Not quite correct. The HOA clause itself is invalid no matter how they try to word it. Therefore you don't give up that right. The HOA can't enact any restrictions that go against the law of the land.

    Cheers,
    Tom
     
  7. Mar 17, 2008 #67 of 106
    joe diamond

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    We are drifting......
    But consider the installer that needs permission or approval for a dish location from: (1) the current customer (2) the HOA board (3) the actual owner of the rented condo (4) the NEC Code (5) the installation company and (6) the operational capabilities of the system (LOS) + cable run limitations.

    For the money offered to do this work, certain communities are just too hard to find, trucks break down enroute, mast parts won't fit and ladders just are not long enough.

    See what I mean?

    Joe
     
  8. Mar 17, 2008 #68 of 106
    Herdfan

    Herdfan Well-Known Member

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    Teays...
    Yeah, one of my snooty neighbors, from what I hear, was horrified to find out that my truck cost more than her Mercedes.:lol:

    Some HOA's do provide good services. Without our yearly dues, we would not have snow removal, and while I could traverse the roads in the afore-mentioned truck, many people couldn't.

    At a HOA meeting a couple of years ago, one of the busy-body board members wanted to enact some "dish" regulations. Since it was on the agenda, I took a copy of OTARD. During the meeting I asked if there were any laws or regulations that could affect the enforcement of the proposed regulations. She assured the membership that there were not.

    So I passed around a few copies of OTARD and explained that yes there were laws that prohibited just the type of regulation she was proposing. If glares could kill I wouldn't be typing this right now.;)


    Exactly. A dish in and of itself won't hurt property values. But a neighborhood with a dish in the middle of every front yard would probably be a place I would steer away from.
     
  9. Mar 17, 2008 #69 of 106
    K4SMX

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    Generally speaking, courts take a dim view of the enforceability of contract provisions which require you directly or by implication to waive your rights. I would think this would be particularly true with respect to rights protected by a Federal law which are intended to supercede local government rules and regulations as well as private agreements, both pre-existing, subsequently adopted, and prospective.
     
  10. Mar 17, 2008 #70 of 106
    sigma1914

    sigma1914 Well-Known Member

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    There was a story on our local news about a HOA threatening to evict a woman from HER HOME she pays for because she fell behind like $400 in dues. She'd recently taken in her elderly father, so her budget was tight. Her HOA demanded like $1,200 in late fees and lawyer fees or they'd begin proceedings. UNREAL!

    Edit: Found link, http://www.myfoxdfw.com/myfox/pages...ale=EN-US&layoutCode=VSTY&pageId=1.1.1&sflg=1
     
  11. Mar 17, 2008 #71 of 106
    HDTVsportsfan

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    Wow....that's really screwed up. I hope she was able to work it out. There is something wrong w/ the system when something like this can happen. To bad she wasn't informed or knew enough about the HOA rules and how they work.

    She was driving a Mercedes tho. Sell that and get a Kia.
     
  12. Mar 17, 2008 #72 of 106
    sigma1914

    sigma1914 Well-Known Member

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    The link was a different story, I think, but still shows how crazy HOAs can be.
     
  13. Mar 17, 2008 #73 of 106
    cweave02

    cweave02 W4SKO

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    But . . . also as stated by the FCC:

    "The rule does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building."

    However:
    "If you own the whole townhouse, including the walls and the roof and the land under the building, then the rule applies just as it does for a single family home, and you may be able to put the antenna on the roof, the exterior wall, the backyard or any other place that is part of what you own. If the townhouse is a condominium, then the rule applies as it does for any other type of condominium, which means it applies only where you have an exclusive use area. If it is a condominium townhouse, you probably cannot use the roof, the chimney, or the exterior walls unless the condominium association gives you permission. You may want to check your ownership documents to determine what areas are owned by you or are reserved for your exclusive use."


    Always read the HOA rules or restrictive covenants that apply to property you are purchasing BEFORE the closing. Do any of the other houses / townhomes in the area have dishes?
     
  14. Mar 17, 2008 #74 of 106
    peters4n6

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    The thing with HOAs is that the rules are not usually enforced consistently, resulting in a pervasive tit-for-tat.

    For example, I sought approval for a PORTABLE basketball goal to be wheeled in and out of my garage with each use....DISSAPROVED! "It's an eyesore." "You'll forget to put it away." etcetera. Our rules say they can be dissaproved or approved by an Architectural Committee vote...fine. If you read other rules, though, there are absolute restrictions on other items (no need to mention them here), that the HOA powers-that-be just simply look the other way on and do not enforce those restrictions. So naturally, stuff that never bothered me in the past that I would look the other way on, well, bothers me now. If I can't have a portable basketball goal, you're darn well not going to be allowed to park your commercial vehicle in your driveway. Live by the sword....die by the sword :nono2:
     
  15. Mar 17, 2008 #75 of 106
    glennb

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    You're getting all worked up again.

    How can you be sure there's plenty in my town ? I told you I've never seen any around here and that's what I meant. :rolleyes:
     
  16. Mar 17, 2008 #76 of 106
    tcusta00

    tcusta00 Active Member

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    I still fail to see how I'm getting worked up... why do you keep saying that?
     
  17. Mar 17, 2008 #77 of 106
    texasbrit

    texasbrit Well-Known Member

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    Not commenting on the pro- or anti-HOA issues. But I am on the board of my HOA, and we have had meetings with our legal people to discuss issues like this. The FCC regulations are absolutely the ruling documents on this. Any regulations, covenants or restrictions in the HOA documents are null and void if they contradict the FCC rulings, it does not matter what documents the homeowner may or may not have signed, or when the homeowner bought the home. If the FCC rulings say you can put up a dish (or multiple dishes if you wish to do so) you can. If it is on property under your sole control. The HOA can ask for you to notify them that you are going to install a dish, but cannot require you to get permission. They can require you to locate the dish in certain locations, including at the back of the house, but if you can't get a decent signal there (and they have to prove otherwise) you can put the dish at the front. They can also require you to paint the dish. But they can't do anything that will prevent you receiving signals, unnecessarily delay the installation, or significantly increase your costs.
    If you don't have any areas under your sole control (balcony, patio, maybe external walls etc) and you want to install the dish in a "common area", then you need to get written permission.
     
  18. Mar 17, 2008 #78 of 106
    Lee L

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    I don;t know the specifics, but I will say this. I have served on the HOA board before as pretty much every different officer we had. You would not believe the number of people who would not pay dues. We always worked with them as much as possible and we instructed our management company to never take legal action without us knowing and approving first.

    We had 3 or 4 people over a few years that would be 6, 12, even 18 months behind. We would work out a signed agreement that allowed them just to make a payment and a half for X period of time to catch up, Allow them to defer until a certain date due to a coming bonus or something or allow people to miss payments with advance approval for a period of months, only to never hear from them again. Our management Co. would call over an over to no avail. What should we do at that point? Make all the other homeowners pay the other people's share too? In fact, every year at the budget ratification meeting we would get at least one angry homeowner that demanded that we file papers immediately on all these "deadbeats" and want to know their names and addresses. Balancing these 2 different homeowners is a touchy subject.

    At any rate, the main thing is that HOA's are made up of people and you can get decent people and some that are not so decent. It is very rare that you get truly jerkhole boards that want to screw people over, but they get lots of publicity. Also, sometimes management companies will do what they think is right or what the board wants and it turns out the board would have done it differently. The best thing is to be active in your HOA as most are the same few people serving term after term because no one else will show up or offer to help. The fewer people who share the load means more duties get simply ceded to the management CO without adequate oversight and that can cause issues.

    Now, in the case of the original poster, the HOA is flat out wrong.
     
  19. Mar 17, 2008 #79 of 106
    JohnL

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    Glenb,

    If the provision in the HOA agreement is ILLEGAL then that part of the contract is NULL and VOID.

    John
     
  20. Mar 17, 2008 #80 of 106
    glennb

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    JohnL,

    That's funny cause someone else here said that if the agreement says - No dishes and the person signs it the FCC thing is NULL and VOID since they signed the contract that said no dishes.

    Glennb
     
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