Duke Brothers

Saturday, April 17, 2010

HOA Hullaballoo

I am by no means an HOA expert but I think it’s fair to say that you give up some rights being part of a private club when you join. If the supreme court hasn’t outlawed HOAs by now, I’m thinking that we need to accept the differences between a lifestyle of a community with an HOA versus the lifestyle of a community without an HOA and move on.

Recently, I was unwillingly initiated into a fracas about a subdivision for which I was sitting in a model. This is not a subdivision I normally work- I am an alternate for the folks who normally work the area when they take time off.

As an economy just coming out of a recession, builders have taken a hit. I know that the public has a love/hate relationship with builders and I have discussed my displeasure before. When builders are purposely scam-artists, it doesn’t matter what business they are in- what defines them is the scam artist part. So to paint all builders as folks who are just trying to “get one over” on someone rubs me the wrong way, but I digress.

Case in point- builders are trying to remain competitive in a market that continues to struggle. Many people who are out shopping this very moment are likely doing so for the tax credit. New construction has a hard time competing in a market like this because, in general, you can get more square footage for the money on older homes.

So in trying to remain competitive, there is a certain builder/developer nearby who is altering the architecture of some townhomes to cut costs. What the homeowners must not understand is that it is within the builder’s right to do so (there was never anything in the covenants that said the builder would never change the architecture nor does he need to ask permission) and if it helps the builder STAY IN BUISNESS it would be wise to allow him to do so.

Yes, the value of your home probably went down within the last year or two. Yes, if you bought in 2008 or earlier, you stand the likely chance you paid more for your home than folks would for a similar piece of property today. Is that the builder’s fault? No. Myriad communities across the nation felt the hit. The worst, most would agree, Michigan, southern California, Florida, to name a few.

Some that fared better than others? I have heard great stories about places in Texas. North Carolina has always been in the middle. Although we lost a lot of industry to China like furniture and fabrics, we are still one of the most popular states in which to move. As of January, NC ranked only 37 in foreclosures. That continues to tell me that people can move here and stay here. On the other hand, our unemployment is a shocking 11.8% compared to 10.6% for the country overall.

My point in quoting these statistics is that North Carolina is doing pretty well but still hurting. I am curious to know what will happen once May arrives. Will we hear enough folks getting out and wanting to initiate a buy? If not, subdivision-livers are going to feel the hurt if their builders continue to go out of business and here’s why: If the builder has to leave because he is insolvent, the neighborhood will almost certainly fall fallow OR be bought out by a cheaper tract builder who will cut the prices in half. Either way, not good news for current homeowners in that unfinished subdivision.

So when I say that a little mêlée over architecture is ridiculous, I do not exaggerate.

I was approached the other day by a resident in this subdivision. Call it a PUD, call it what you will, there are mixed uses here- single family homes of different price points, townhomes, patio homes, and a lovely golf course in the center of it all. The resident who approached me told me that the HOA is upset because of the architecture change on the townhome starts. My knee-jerk reaction is that she should be happy her builder is actually building in this awful economy. But far be it for me to judge, I am just the lowly wife of a builder who is dangerously close to losing everything for which he’s worked for over 22 years in another town. What do I know…

She then went on to explain how they are tired of being told what they can and cannot change architecturally (for example, this particular neighborhood disallows decks) and that the final straw was something the developer/builder allowed a new homeowner (under contract) to add to their condo.

Here’s the thing: READ YOUR COVENANTS. If you don’t like the idea of not being allowed to build a deck at your own discretion, perhaps a restrictive neighborhood such as this one is not the right place for you. You must weigh your priorities. Is it more important for you to lounge around the 19th hole as you wait for your hubby to finish his round or is it more important for you to have a deck?

The HOA in the subdivision my husband builds in (or used to build in) was started because the city we live in required him to. It was not at his choosing and I assure you, if he had a choice, he would have chosen not to put in the retention pond which then required someone to maintain it (and it sure wasn’t going to be his company). We live in a watershed area which uses the runoff from lakes and streams as our drinking water and the local municipality has found that retention ponds limit the amount of oil and other contaminants from getting in.

Our covenants are simple- please take care of your property. Please don’t get farm animals, please mow your lawn. Please don’t go for days with toys and bikes strewn around your yard. Please take pride in where you live.

If you are the type of person that likes to start trouble and have drama in your life because you have nothing better to do with your time, I feel sorry for you. I know people like this and they desperately either need a hobby or they need to do some volunteer work to fill up their schedule. These people often do not have friends because A. They are either the type of person who thinks certain things are important that are not really important or B. They rant about stupid things so often, they alienate what few friends they have.

Don’t get me wrong, the one case that had an impact on me was a situation where some older folks lived in a “55 and older” community and if my memory serves me, the couple took custody of a grandchild. What to do? Yes, it’s unfair to the folks who purposely moved there to be away from snotty, noisy, messy kids. On the other hand, couldn’t an exception be made in this unusual case? Especially if the kid wasn’t terrorizing the neighborhood.

Bottom line is this: folks need to start reading this stuff more closely. Gone should be the days where we “just sign” where the closing attorney wants us to in order to move the day along. If you want ducks as pets, maybe you should live out in the country. If you want a deck on your house, maybe you should either build new in a place that allows decks or buy resale. If you want your mailbox to look exactly like everyone else’s mailbox at all costs, then indeed, a subdivision with strict protective covenants may be the place for you.

But if you want a golf community and you know you are trading that lifestyle for other things, suck it up. Oh, and by the way, faulty memory is no excuse. You can’t say “I wasn’t shown the covenants” (because you WERE) and just because you don’t remember them, doesn’t mean you are exempt from them.

The whining must stop and I am shocked that during this time of economic suffering in the United States, people have time for such trivial things. I guess it just goes to show you that indeed the recession is over.