As a non-American, I want to thank the US for giving us Hollywood, Coca-Cola, and the internet (to some degree). But one thing you can well and truly keep for yourself is the HOA. The most feared 3 letters in the real estate market. Even more than APR.
One man thought he was exempt from their reign of tyranny, especially considering he bought his plot long before they declared the T*********h in his neighborhood. They begged to differ. He came to the internet to ask: was he in the wrong for telling them where to stick their fines, or did he have to bend the knee?
Owning a home that is exempt from the HOA is the ultimate goal for the freethinking individual
But one man, who was legally exempt from them, was still getting pestered by their petty demands
His ownership contract explicitly states he is exempt from joining any HOA, but the powers that be feel he should comply or pay up
After yet another visit from the HOA, making outrageous demands, he showed them exactly where is property line was and where they should take their silly fines
He contacted legal representatives to try and get him off of his case for good, saying that their behaviour constituted harrasment
Over 40 million households and roughly 77 million people in the United States live under the governance of a homeowners association, accounting for more than half of all owner-occupied homes nationwide. That is a lot of people being told what color to paint their mailbox. Average HOA fees in the American South run between $100 and $300 per month for a standard suburban home, which seems extortionate.
The enthusiasm for this arrangement is, shall we say, limited. Between 57% and 70% of homeowners report disliking their HOA or wishing they did not have one. Furthermore, 37% of buyers feel outright regret after purchasing a home in an HOA-governed community. This approval rating is even lower than the current administration's, which says a lot.
And 10% of current members are actively considering moving because of association conflicts. These do not seem to be the numbers of a system that is working particularly well for the people living inside it.
If you are equally as confused by the legal jargon, let's break it down for you. Being grandfathered in is a legal concept that protects a person from being subject to new rules, regulations, or governing bodies that were established after they entered into their original agreement. Think of it as a legal force field. The neighborhood can form an HOA, and none of it touches you. Your contract predates all of it, and in the eyes of the law, that is the document that matters.
A grandfathered clause in a property contract is legally binding. If his purchase agreement explicitly states that he is not subject to any HOA formed after his purchase, the HOA has no enforceable authority over him. None. The fines they keep handing him are essentially pieces of paper with very confident energy and no legal teeth whatsoever.
Attempting to enforce new rules on a grandfathered property is very annoying, but it can also constitute harassment, and in some jurisdictions HOAs that repeatedly attempt to enforce rules on exempt properties can face legal consequences themselves. New rules are something we should leave for Dua Lipa.
His decision to contact a real estate attorney and explore a cease and desist is exactly the right move. An HOA that keeps showing up at the door of a legally exempt homeowner, handing out fake fines, and demanding compliance with rules that do not apply to him is preposterous. It is overstepping big time, and a strongly worded legal letter tends to resolve this with impressive efficiency.
What is the worst HOA scandal you have ever come across? Tell us in the comments!
The commenters were firmly behind him, urging him to even try and sabotage some of their rules and get as much legal protection as possible
