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goofyboy Wakeboarder.com Freak
Joined: 19 Jul 2004 Posts: 4463 City: Houston
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Posted: Apr 16, 2014 5:33 am Post subject: |
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jt09 wrote: | because people don't want to live next to trailer trash that lowers their property value and overall quality of life. |
Yep. This is why i pay way to much to my HOA to live where I live. The additional cost keeps the neighborhood up to a certain level. It keeps everyone's lawns nice. It keeps cars from being abandoned on the street.
The little old lady you described above needed to move out of her house before all of that started to occur. She could no longer afford to live in her home if she could not afford the up keep. Part of home ownership is the upkeep of said house. The HOA maintains the appearance of the neighborhood for the greater good of the community.
If you don't like the HOA, don't live in a HOA community. _________________ Work SUX! |
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ohsix PityDaFool Who Posts This Much
Joined: 12 Jan 2003 Posts: 6837
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Posted: Apr 16, 2014 5:42 am Post subject: |
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Partyb wrote: | I have absolutely no bias in favor of HOA's, quite the opposite. I frankly detest them and believe, at least in this region wherein my expertise lies, that they have run rampant and out of control because there is no meaningful redress for anyone but the folks with money to burn to fight them at the risk of losing a lot of money and possibly their home. It's quite horrible. In summary, I am biased against them.
I do in fact have a level of certainty on this particular issue in this particular state, but no more I assure you. The only chord that has been struck, and I hesitate to even say that as my level of caring is quite low, is with folks that debate over things they know nothing about on the internet. I'm not going to indulge in it. As you are so good with things legal, it should have been your first thought to read the contract. A vast majority of contracts in Florida are standard "FAR/Bar" forms promulgated by the Bar and the Florida Realtors. That form will state that buyers are to read the documents, and seek approval from the HOA, if necessary. Is it a restraint on trade when an owner retains mineral rights? No, because the buyer does not have to buy.
And let's be clear, I do not give legal advice via the internet or anywhere else where all the facts are not laid out and investigated along with the applicable law. OUR ramblings on this non-wb forum are silly comments made to pass the time for the most part. IF someone actually has a relevant legal question about FL they should contact me at the office, not at a bar, not on a boat, and certainly not on wb.com.
I am absolutely certain that there is nothing wrong with an HOA requiring some type of application process and interview.
Now, would you like me to post a picture of my girlfriend's ass to make it all better? |
I've never been involved in any HOA dispute, and I don't plan to learn the laws they operate under. I know of a case where mineral owner leased their minerals to Company X and the lease had a "consent to assign" clause in it which required the approval of the mineral owner if Company X wanted to assign their rights in that lease to someone else. Company X makes a deal to sell their rights to that particular lease to Company Y. Company X requests the mineral owner's consent to assign to Company Y. Mineral owner says he doesn't like Company Y and withholds consent. Company X makes the assignment anyway. Mineral owner claims the assignment is not valid. Company Y files a lawsuit against mineral owner for "restraint of trade" Company Y and mineral owner settle, Company Y is valid owner of lease. I thought maybe something like that could parallel with an HOA not allowing a property owner to sell their property to a buyer of their choice.
Like you said, the problem with HOAs is property owners don't want to spend the money to fight them. The HOA laws in Florida may be water tight, but most HOAs in Texas are run by power-tripping humans who are prone to make mistakes and try to exercise power beyond their legal rights. Florida may have enough retired lawyers and judges that one presides over every HOA.
Yes, please post your girlfriend's ass. |
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fish6942 Addict
Joined: 22 Feb 2006 Posts: 603
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Posted: Apr 16, 2014 5:59 am Post subject: |
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I'm guessing an HOA wouldn't take kindly to my shooting range and ATV trails?? No f'ing way I'd go back to living in the city. |
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goofyboy Wakeboarder.com Freak
Joined: 19 Jul 2004 Posts: 4463 City: Houston
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Posted: Apr 16, 2014 6:04 am Post subject: |
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fish6942 wrote: | I'm guessing an HOA wouldn't take kindly to my shooting range and ATV trails?? No f'ing way I'd go back to living in the city. |
Nope - they wouldn't. Of course, neither would I and that is why i like having my HOA. _________________ Work SUX! |
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Okie Boarder Ladies Man
Joined: 03 Mar 2008 Posts: 10056 City: Edmond
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Posted: Apr 16, 2014 7:33 am Post subject: |
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jt09 wrote: | because people don't want to live next to trailer trash that lowers their property value and overall quality of life. |
I get why people like the benefits, just not sure why they continue to put up with the hassle. Each to their own, I guess. _________________ If love is blind, why is lingerie so popular? |
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Okie Boarder Ladies Man
Joined: 03 Mar 2008 Posts: 10056 City: Edmond
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Posted: Apr 16, 2014 7:35 am Post subject: |
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fish6942 wrote: | I'm guessing an HOA wouldn't take kindly to my shooting range and ATV trails?? No f'ing way I'd go back to living in the city. |
LOL, not likely. I'm looking forward to being out of the city, myself, for some of the same reasons. _________________ If love is blind, why is lingerie so popular? |
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Partyb Wakeboarder.Commie
Joined: 12 Jan 2003 Posts: 1810 City: Lantana, FL
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Posted: Apr 16, 2014 8:38 am Post subject: |
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goofyboy wrote: | jt09 wrote: | because people don't want to live next to trailer trash that lowers their property value and overall quality of life. |
Yep. This is why i pay way to much to my HOA to live where I live. The additional cost keeps the neighborhood up to a certain level. It keeps everyone's lawns nice. It keeps cars from being abandoned on the street.
The little old lady you described above needed to move out of her house before all of that started to occur. She could no longer afford to live in her home if she could not afford the up keep. Part of home ownership is the upkeep of said house. The HOA maintains the appearance of the neighborhood for the greater good of the community.
If you don't like the HOA, don't live in a HOA community. |
Yes absolutely. Many people do like them and they are the right fit for many people. |
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ontrider Ladies Man
Joined: 30 Jul 2003 Posts: 16491 City: Russia
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Posted: Apr 16, 2014 7:24 pm Post subject: |
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Partyb, thanks for your insights into this. I did not read the contract or have access to it until after the fact. It's not my parents house either. From your assumptions in the first post I'm gonna have to go with option C and partially B. I figured out that basically the realtor misinformed them on the process and wasn't very good, but that being said I would have been reviewing the contract and the process before purchasing in a HOA community. I was just surprised from your answer as to how much power they actually have in being able to enforce such stupid clauses. I'm not really sure what a F2F is going to accomplish vs. a 30-min skype or something. And it's not that anyone is opposed to it, just that you'd think the HOA would be more accommodating when considering the circumstances. Like you said though, a bunch of old people with nothing else to do. |
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pyrocasto PityDaFool Who Posts This Much
Joined: 29 Aug 2003 Posts: 5291 City: hendersonville
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Posted: Apr 16, 2014 7:29 pm Post subject: |
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Yup, those people arent me either. My current place has rules to follow, but only in reguards to building. They expire after 25 years also. The idea was to make sure only nice homes got built here, which keeps out trashy people and helps upkeep. But where many of you have lawn after lawn, we have woods. If my neighbor didnt mow his grass I wouldnt know, but if he tried to put a trailer on his property no deal. _________________
eeven73 wrote: |
At least 50% of the population is retarded so I discount what they think or feel automatically. |
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Partyb Wakeboarder.Commie
Joined: 12 Jan 2003 Posts: 1810 City: Lantana, FL
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Posted: Apr 17, 2014 5:49 am Post subject: |
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ontrider wrote: | Partyb, thanks for your insights into this. I did not read the contract or have access to it until after the fact. It's not my parents house either. From your assumptions in the first post I'm gonna have to go with option C and partially B. I figured out that basically the realtor misinformed them on the process and wasn't very good, but that being said I would have been reviewing the contract and the process before purchasing in a HOA community. I was just surprised from your answer as to how much power they actually have in being able to enforce such stupid clauses. I'm not really sure what a F2F is going to accomplish vs. a 30-min skype or something. And it's not that anyone is opposed to it, just that you'd think the HOA would be more accommodating when considering the circumstances. Like you said though, a bunch of old people with nothing else to do. |
Personally, I would think that a F2F would only increase their liability for discrimination; if they don't know someone's race, etc. it really takes any sort of discrimination off the table. The one thing that they can not do is selectively enforce the rules, that is really the only thing they get "caught" at. So, unfortunately, the really can not be more accommodating under the circumstances b/c that would mean they accomodated you and not someone else. Also, an out-of-state buyer here in FL is certainly not unusual, it's a huge percentage of the transactions. Anyway, best of luck! |
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chavez Ladies Man
Joined: 22 Sep 2003 Posts: 27375 City: Roseville
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Posted: Apr 21, 2014 6:45 am Post subject: |
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jt09 wrote: | because people don't want to live next to trailer trash that lowers their property value and overall quality of life. |
A lot late to the Partyb here but this.
However, proper city planning and zoning should prevent this before it happens. My guess is that's just not the way Floriduh rolls.
I do not live in a HOA community. Much happier about it. They do more harm than good these days, IMHO. _________________
Quote: | That's Mr. Gingermex to you a$$hole. |
RIP MHL 04/25/1958 - 01/11/2006 |
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Partyb Wakeboarder.Commie
Joined: 12 Jan 2003 Posts: 1810 City: Lantana, FL
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Posted: Apr 21, 2014 7:10 am Post subject: |
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I'm still trying to get a figure on "how FL rolls."
My hypothesis, based on some fact, is that FL growth first concentrated on rich folks with winter homes on the ocean/water; think Palm Beach. The servants and poorer service people all lived across the ICWW on the mainland, but still near the shore. This is where most of the smaller homes and crappier areas are now concentrated in SoFlo, approximately between I-95 and Federal Hwy/US1. That is in general, a stuff area, with no HOA's b/c they didn't exist then. My theory is that after the invention of a/c at affordable prices, FL really started taking off but mainly west of the already then populated eastern shore. The western lands were bought up by big developers in huge tracts that developed lands not one house at a time, but 100's at a time in a planned community and hence associations became the norm. Additionally, all the older communities and condos for the stereotypical FL retiree is all associations, but those people want that due to association assuming many of the responsibilities for maintenance, lawn, etc. |
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chavez Ladies Man
Joined: 22 Sep 2003 Posts: 27375 City: Roseville
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Posted: Apr 21, 2014 7:18 am Post subject: |
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Partyb, in my experience, based on nothing but my own observation, is that the level of annoyance of an HOA is directly proportional to the ages of the HOA board members. I call it the "get off my (perfectly manicured) lawn" effect. _________________
Quote: | That's Mr. Gingermex to you a$$hole. |
RIP MHL 04/25/1958 - 01/11/2006 |
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vette74 Wakeboarder.Commie
Joined: 30 Jul 2003 Posts: 2144 City: Houston
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Posted: Apr 21, 2014 7:28 am Post subject: |
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My second house I bought had an HOA. The number 2 item on the list had "no negros" the house was a little old. Actually my new house has a HOA and they selectively enforce the HOA rules. For example we remodeled my house and I had my trailer in my driveway to haul off debris we got a letter from the HOA to remove the trailer, however the president of the HOA has a trailer he keeps for his golf cart. _________________ There'll be two dates on your tombstone/ And all your friends will read 'em/ But all that's gonna matter is that little dash between 'em... |
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RampageWake Wakeboarder.Commie
Joined: 23 Jul 2003 Posts: 2002 City: Houston
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Posted: Apr 21, 2014 8:19 am Post subject: |
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vette74 wrote: | My second house I bought had an HOA. The number 2 item on the list had "no negros" the house was a little old. Actually my new house has a HOA and they selectively enforce the HOA rules. For example we remodeled my house and I had my trailer in my driveway to haul off debris we got a letter from the HOA to remove the trailer, however the president of the HOA has a trailer he keeps for his golf cart. |
It should have said "no messicans"* - you were the only one speaking english for miles. Of course, since they bulldozed the houses and built expensive townhomes, excluding minorities is now redundant ($$$).
*ginger messicans allowed w/ permit _________________
Rhawn wrote: | You should have a less retarded friend read over your posts before you hit "Submit"
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RIP M.H.Legge |
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chavez Ladies Man
Joined: 22 Sep 2003 Posts: 27375 City: Roseville
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Posted: Apr 21, 2014 8:43 am Post subject: |
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*YAY for me!
Back in 2000, we had an HOA. I just got a new puppy, who was small enough to fit through the wrought iron fence in my backyard. So, to keep her in, I put a baby gate behind the wrought iron gate.
Got a letter from the HOA demanding I remove the "non-approved" gate.
I wish I had a copy of the letter I sent back. It was some of my best work. _________________
Quote: | That's Mr. Gingermex to you a$$hole. |
RIP MHL 04/25/1958 - 01/11/2006 |
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eeven73 PityDaFool Who Posts This Much
Joined: 16 Jan 2003 Posts: 5377 City: Halfway
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Posted: Apr 21, 2014 9:15 am Post subject: |
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When I first got married I moved into my wives condo with a HOA.
Place had no AC so each summer we would put a window unit AC up. 10 days later I would get a letter demanding removal of unit. I would take it down for two days, then right back up. Rinse, lather, repeat. The only time in my life I have been thankful for Oregon's brief summers. _________________ Is President Obama a Keynesian? |
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brew Wakeboarder.com Freak
Joined: 09 Aug 2005 Posts: 2778 City: Jackson
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Posted: Apr 27, 2014 1:30 pm Post subject: |
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Okie Boarder wrote: | jt09 wrote: | because people don't want to live next to trailer trash that lowers their property value and overall quality of life. |
I get why people like the benefits, just not sure why they continue to put up with the hassle. Each to their own, I guess. |
Because a lot of people in this world feel like they can do what they want, when the want, and how they want no matter the effect it has on those around them or the value of their properties. For people like that, there are plenty of places to live. I prefer to pay my annual fee and know that the houses that surround me will be kept up to a certain level and there will be some form of uniformity to things so that my neighbor can't do some bu!!$hit that he really likes to his house that make my house unsellable.
Case in point, one of the decent neighborhoods in town has an HOA with very few rules. It was primarily just to collect fees to keep up the neighborhood entrances. One of the guys in the neighborhood put in a 25 ft bricked in round water feature in his front yard with a big fountain in the center. His kids played in it every day while the parents sat around it in lawn chairs watching. If you're the guy in the $250k house on either side, what do you think just happened to their property values and ability to sell? |
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eeven73 PityDaFool Who Posts This Much
Joined: 16 Jan 2003 Posts: 5377 City: Halfway
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Posted: Apr 28, 2014 6:43 am Post subject: |
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They went up because everyone wants to live next to the Bellagio.
Does it have a light show as well? _________________ Is President Obama a Keynesian? |
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Okie Boarder Ladies Man
Joined: 03 Mar 2008 Posts: 10056 City: Edmond
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Posted: Apr 28, 2014 2:17 pm Post subject: |
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eeven73 wrote: | They went up because everyone wants to live next to the Bellagio.
Does it have a light show as well? |
_________________ If love is blind, why is lingerie so popular? |
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brew Wakeboarder.com Freak
Joined: 09 Aug 2005 Posts: 2778 City: Jackson
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Posted: Apr 28, 2014 6:11 pm Post subject: |
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eeven73 wrote: | They went up because everyone wants to live next to the Bellagio.
Does it have a light show as well? |
No they planted some nice rose bushes around it to landscape, but they didn't add lights. If I get by there this week, I'll take a picture. |
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eeven73 PityDaFool Who Posts This Much
Joined: 16 Jan 2003 Posts: 5377 City: Halfway
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Posted: Apr 29, 2014 6:15 am Post subject: |
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it is probably better in my mind anyway.
I am picturing Analyze This when DeNiro gives Billy Crystal the huge fountain. _________________ Is President Obama a Keynesian? |
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brew Wakeboarder.com Freak
Joined: 09 Aug 2005 Posts: 2778 City: Jackson
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Posted: Apr 29, 2014 10:31 am Post subject: |
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Way better in your head. It's like a 3 ft tall blue swimming pool with a 3 tier concrete thing in the middle that water runs down. They used red brick edgers to hide the sides and then surrounded it with rose bushes. These are small lots so it takes up 1/4 of the front yard. |
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Aubs Motorboat Queen
Joined: 12 Jan 2003 Posts: 9167
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Posted: Apr 30, 2014 3:38 pm Post subject: |
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jt09 wrote: | Partyb - have an e-manhug brah. . |
BWAAAHAHAHAH
Picturing this makes me laugh. |
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