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Part of why the exist, for example, are condominiums.
Somebody has to maintain the shared/community spaces, for example.
For houses, hoas ostensibly provide services like community parks and standards like how you should maintain your yard/house/sidewalk; as well as preventing things like the neighbor I had who would dump trash in his yard (and then dump it in mine whenever he needed to tidy it up because we complained about that. Fun times.)
The problem comes in that those kinds of organizations attract power tripping egomaniacs.
The worst of it, in the US, is that once a property is part of an HOA, it’s almost impossible to remove it. (Basically… the HOA has to get dissolved by the courts)
The Association can dissolve itself, but that doesn’t have anything to do with the Declaration. That’s the document that lays out all the rules and regulations which have to be followed, and in order to even amend that, you’re probably going to need an overwhelming number of lots/units to vote in favor of that. And there may be an additional clause that says something like “in order to entirely cancel this Declaration, you need 100% of lots/units to vote in favor of that”.
Then, without an Association, but with the Declaration still in place, any homeowner can sue any other homeowner for a perceived violation of that Declaration. By dissolving the Association, you’re potentially opening the floodgates.
Wouldn’t, speaking from a non US perspective, bylaws handle that though. Noise, trash, unwanted cold calling, I’m looking at you Jehovahs, to enforce that action. Or does this work as a front line against that ?
Most cities have ordinances to that effect. But they’re pretty generic and frequently easy to just ignore.
The more rural you get here, the less ordinances you have to deal with. For better or worse, HOAs can get much more restrictive. (Usually, it’s worse, don’t get me wrong here. Like that one HOA that was fining a person because they used a different brand that was color matched to an otherwise approved seafoam green.)
But cities for example, aren’t really going to get involved with that one neighbor who keeps throwing keggars on the weekend, taking all the on-street parking, etc. unless it becomes a safety thing or something.
Part of why the exist, for example, are condominiums.
Somebody has to maintain the shared/community spaces, for example.
For houses, hoas ostensibly provide services like community parks and standards like how you should maintain your yard/house/sidewalk; as well as preventing things like the neighbor I had who would dump trash in his yard (and then dump it in mine whenever he needed to tidy it up because we complained about that. Fun times.)
The problem comes in that those kinds of organizations attract power tripping egomaniacs.
The worst of it, in the US, is that once a property is part of an HOA, it’s almost impossible to remove it. (Basically… the HOA has to get dissolved by the courts)
They can also dissolve themselves, if enough members are willing to vote for it.
Sometimes. It depends on the bylaws. That still will have to go to the courts, though, since the HOA is marked on the deeds, and such.
The Association can dissolve itself, but that doesn’t have anything to do with the Declaration. That’s the document that lays out all the rules and regulations which have to be followed, and in order to even amend that, you’re probably going to need an overwhelming number of lots/units to vote in favor of that. And there may be an additional clause that says something like “in order to entirely cancel this Declaration, you need 100% of lots/units to vote in favor of that”.
Then, without an Association, but with the Declaration still in place, any homeowner can sue any other homeowner for a perceived violation of that Declaration. By dissolving the Association, you’re potentially opening the floodgates.
Wouldn’t, speaking from a non US perspective, bylaws handle that though. Noise, trash, unwanted cold calling, I’m looking at you Jehovahs, to enforce that action. Or does this work as a front line against that ?
It depends on where you are.
Most cities have ordinances to that effect. But they’re pretty generic and frequently easy to just ignore.
The more rural you get here, the less ordinances you have to deal with. For better or worse, HOAs can get much more restrictive. (Usually, it’s worse, don’t get me wrong here. Like that one HOA that was fining a person because they used a different brand that was color matched to an otherwise approved seafoam green.)
But cities for example, aren’t really going to get involved with that one neighbor who keeps throwing keggars on the weekend, taking all the on-street parking, etc. unless it becomes a safety thing or something.