• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Homeowner’s Association

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

not2cleverRed

Obvious Observer
I live in maine. My questions: can the HOA enforce rules and regulations retroactively? And how are HOA rules enforced or rather, how ate violations managed?

Until they have rules, they cannot enforce rules.

The solution is to become one of the rule makers. Or at least rule maker influencer. Become active within your neighborhood. Go to any HOA meeting. Study up what are CCRs in similar HOAs to better present your arguments.
 


Foamback

Active Member
Until they have rules, they cannot enforce rules.

The solution is to become one of the rule makers. Or at least rule maker influencer. Become active within your neighborhood. Go to any HOA meeting. Study up what are CCRs in similar HOAs to better present your arguments.
And find out what is really already there. The CC&R’s should have been in place prior to the first house being sold.

Maybe what the OP is calling the bylaws really is the CC&R’s. On the face of it, this sounds like a potential mess
 

quincy

Senior Member
It apparently is a new development so some confusion probably can be expected. Gschimma could be in a good position to help create some of the rules and regulations that will govern the homeowners in the community.
 

Gschimma

Member
Thank you. Such an unnecessary pain in my ass. Took me 6 weeks to start getting my mail delivered when I moved in. I central mailbox but no one knew where the key to my box was. USPS said the builder had it. The builder said USPS was responsible for their mailbox.

I guess my issue is that weren’t any established rules and regulations when I purchased the home and I’d had a specific conversation about setting up a portable basketball hoop with the realtors and the builder when I was considering the house. Of course as a previous poster commented I have nothing in writing other than I’d pay $200/month for lawn care, snow removal and street maintenance. Retrospectively it was likely a mistake to move in this 55+ community. I don’t like the idea that my neighbors have say over what I do with my property. Yes, by ‘bylaws’ I am referring to what sounds like the CC&R you are describing. I’m referring to any ‘Rules and Regulations’ already in place when I purchased the home. Seems like even if there was such a document, and it didn’t specific mention no temporary or permanent sports equipment, the community could amend the document at any time. To what end? The board member who has issue with the basketball hoop emailed their working ‘Rules and Regulations.’ Fascinating reading. I don’t really have the time or energy to become involved in the HOA governance but will need to I guess. Fair amount of verbage that I’m not in agreement with, mostly involving the exterior of my house and keeping with the ‘aesthetic of the community.’ Just seems like I moved into an extra layer of bs. It was tough enough working with the city govt to get permits at my previous house. According to proposed HOA document I’d need to get approval of the HOA board before even dealing with the city…
 
Last edited:

quincy

Senior Member
Thank you. Such an unnecessary pain in my ass. I guess my issue is that weren’t any established rules and regulations when I purchased the home and I’d had a specific conversation about setting up a portable basketball hoop with the realtors and the builder when I was considering the house. Of course as a previous poster commented I have nothing in writing other than I’d pay $200/month for lawn care, snow removal and street maintenance. Retrospectively it was likely a mistake to move in this 55+ community. I don’t like the idea that my neighbors have say over what I do with my property.
Living in a community with an HOA has some advantages … but none that I personally find outweigh the disadvantages. I hope you find that the rules and regulations are not unbearably restrictive.

Good luck.
 

Gschimma

Member
Yes, advantages if I was frail or old perhaps. I’m 56 and I think the youngest in the 13 houses. Each house sits on a tiny piece of land, a fraction of the 2 acres of land at our marital home. I miss doing yard work. I can mow my own lawn and remove my own snow. The lawn company only mows. They seeded our yards just after I moved in. Interestingly, my next door neighbor who brought this to the attention of the board and her friend/ neighbor on the other side/ board member fertilized their new lawns. They were signicantly greener than mine. I hadn’t had the time while moving and starting from scratch after divorce. Now I’m seeing her comments she made to me about fertilizer in a whole new light. Also thinking about how quaint I thought it was that she knew everything about everybody and freely told me it all.
 

quincy

Senior Member
Yes, advantages if I was frail or old perhaps. I’m 56 and I think the youngest in the 13 houses. Each house sits on a tiny piece of land, a fraction of the 2 acres of land at our marital home. I miss doing yard work. I can mow my own lawn and remove my own snow. The lawn company only mows. They seeded our yards just after I moved in. Interestingly, my next door neighbor who brought this to the attention of the board and her friend/ neighbor on the other side/ board member fertilized their new lawns. They were signicantly greener than mine. I hadn’t had the time while moving and starting from scratch after divorce. Now I’m seeing her comments she made to me about fertilizer in a whole new light. Also thinking about how quaint I thought it was that she knew everything about everybody and freely told me it all.
“Quaint.” Haha. :)
 

adjusterjack

Senior Member
when I purchased the home and I’d had a specific conversation about setting up a portable basketball hoop with the realtors and the builder when I was considering the house.

Never believe anything anybody tells you when they are selling you something. Especially real estate people, builders, and car sales people.

Fair amount of verbage that I’m not in agreement with, mostly involving the exterior of my house and keeping with the ‘aesthetic of the community.’ Just seems like I moved into an extra layer of bs.

This is not unique. This is EVERY HOA that exists or will exist.

Also thinking about how quaint I thought it was that she knew everything about everybody and freely told me it all.

Sounds like she's the neighborhood busybody who will go around reporting violations to the board. There's one in every HOA.
 

quincy

Senior Member
The good news perhaps is that it is a very small community of only 13 houses so it might not be too difficult to come up with rules that are amenable to all.
 

Gschimma

Member
busybody is the appropriate term. her husband passed a few months before I moved in. I thought it might be her way of grieving or that she was introducing me to my new community. Interesting how I now have a completely different perspective.
 

not2cleverRed

Obvious Observer
Such an unnecessary pain in my ass.

Totally agree. But that's life in an HOA.

I don’t like the idea that my neighbors have say over what I do with my property. Yes, by ‘bylaws’ I am referring to what sounds like the CC&R you are describing. I’m referring to any ‘Rules and Regulations’ already in place when I purchased the home. Seems like even if there was such a document, and it didn’t specific mention no temporary or permanent sports equipment, the community could amend the document at any time. To what end? The board member who has issue with the basketball hoop emailed their working ‘Rules and Regulations.’ Fascinating reading. I don’t really have the time or energy to become involved in the HOA governance but will need to I guess. Fair amount of verbage that I’m not in agreement with, mostly involving the exterior of my house and keeping with the ‘aesthetic of the community.’ Just seems like I moved into an extra layer of bs. It was tough enough working with the city govt to get permits at my previous house. According to proposed HOA document I’d need to get approval of the HOA board before even dealing with the city…

But the rules will specify how changes can be made. You need to be aware of what the official process is in order to spend your time more efficiently.

Also, the neighbor might claim that the sports equipment, being outside, has some negative effect on the "aesthetic of the community". (It is tempting to find something petty to counter with, but probably not productive.)

To get yourself in the mood, read "A Flock of Flamingos" by Pat Murphy.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top