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 > CC&R dated 1973 says no RVs, trailers, boats can be stored

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belfert

Ham Lake, MN, USA

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Posted: 03/13/21 09:29pm Link  |  Print  |  Notify Moderator

Powertour wrote:



I'd rather live in a van down by the river than EVER live in an HOA again.The narrative "but mah property values" is a false narrative. Home values are determined by price per sq ft via zip code, not whether or not a home is in an HOA. Matter of fact, every single ad for any home in non-HOA areas in my metro area always have a place in the ad where "NO HOA" is listed in all-caps. That is telling in & of itself.


The reason an HOA would improve property values is it requires homeowners to keep their houses maintained. No one will be living next to an eyesore of a house. Now, if two neighborhoods are kept up to the same level with one HOA and one not HOA then values will likely be about the same.

I will never live in an HOA and I made darn sure not to buy in an HOA. I also made sure no covenants or deed restrictions. The problem is nearly every new housing development, at least in my area, has an HOA or other restrictions.

miltvill

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Posted: 03/14/21 10:00am Link  |  Print  |  Notify Moderator

With no active HOA who is enforcing the rules? Who is going to fine you? Does the HOA have an attorney? In most states it is a civil matter and not a criminal matter so, government will not get involved. Do you have to pay HOA fees? If you pay HOA fees then, who is collecting the fees?


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Walaby

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Posted: 03/14/21 11:48am Link  |  Print  |  Notify Moderator

I'd sure like to get an update from the OP.

Mike


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Grit dog

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Posted: 03/14/21 12:33pm Link  |  Print  |  Notify Moderator

miltvill wrote:

With no active HOA who is enforcing the rules? Who is going to fine you? Does the HOA have an attorney? In most states it is a civil matter and not a criminal matter so, government will not get involved. Do you have to pay HOA fees? If you pay HOA fees then, who is collecting the fees?


You’re late to the party bud... it was established almost immediately that there is no HOA.
There is however a concern over a future neighbor.
The only question here, is whether said neighbor would actually lawyer up and file suit.
The paranoids have this as a forgone conclusion.


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Mike134

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Posted: 03/14/21 02:20pm Link  |  Print  |  Notify Moderator

miltvill wrote:

With no active HOA who is enforcing the rules? Who is going to fine you? Does the HOA have an attorney? In most states it is a civil matter and not a criminal matter so, government will not get involved. Do you have to pay HOA fees? If you pay HOA fees then, who is collecting the fees?


Last post page 2 explains how it gets enforced. If you live close enough to that house and have money to use on an attorney you become the enforcer.


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ryoung

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Posted: 03/15/21 08:10am Link  |  Print  |  Notify Moderator

Mike134 wrote:

Last post page 2 explains how it gets enforced. If you live close enough to that house and have money to use on an attorney you become the enforcer.


Deed restrictions and HOA CC&Rs are two different things.

Any restrictions written in a defunct HOA organization, as the OP is stating, are not enforceable.

Deed restrictions are enforceable.

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Bumpyroad

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Posted: 03/15/21 08:53am Link  |  Print  |  Notify Moderator

ryoung wrote:

Mike134 wrote:

Last post page 2 explains how it gets enforced. If you live close enough to that house and have money to use on an attorney you become the enforcer.


Deed restrictions and HOA CC&Rs are two different things.

Any restrictions written in a defunct HOA organization, as the OP is stating, are not enforceable.

Deed restrictions are enforceable.

ryoung


the OP also states that the CC&Rs automatically renew.
bumpy





Mike134

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Posted: 03/15/21 09:57am Link  |  Print  |  Notify Moderator

Bumpyroad wrote:

ryoung wrote:

Mike134 wrote:

Last post page 2 explains how it gets enforced. If you live close enough to that house and have money to use on an attorney you become the enforcer.


Deed restrictions and HOA CC&Rs are two different things.

Any restrictions written in a defunct HOA organization, as the OP is stating, are not enforceable.

Deed restrictions are enforceable.

ryoung


the OP also states that the CC&Rs automatically renew.
bumpy


Seems he got his hands on the Covenants, Conditions & Restrictions from somebody. If an HOA is long gone than the copy came from the County Recorders office? local busy body? We need the OP to fill in some blanks.

ryoung

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Posted: 03/15/21 10:11am Link  |  Print  |  Notify Moderator

Bumpyroad wrote:

the OP also states that the CC&Rs automatically renew.


They renew only if the HOA is active. The OP states the HOA is inactive.

ryoung

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Posted: 03/15/21 10:54am Link  |  Print  |  Notify Moderator

"We need the OP to fill in some blanks." That would help but probably wouldn't get to a definitive answer.

Interestingly, a quick survey of the last 3 pages reveals at least 10 different jx, not counting the OP's jurisdiction. In many jx, CCR's actually run with the land (are appurtenant) and therefore do not need an active HOA for the CCR's to be an enforceable by anyone governed by the same CCR's. Although much of property law tends to be consistent across a good part of the U.S.A., most jx have extensive statutory and administrative law that governs property and interest communities...so applying experience from other jx won't necessarily provide insight into the OP's situation.


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