February 10th, 2011 | 
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Question: Are “home improvements” discouraged/denied by HOA’s?
Scenario:
In an economy by which the mortgage owed on a property is more than the value of the home…
And the homeowners can not move up to a larger home because they can not squeeze enough equity out of their current home to put toward home #2….
And the homeowners elect to IMPROVE on their property – adding rooms, building on the house, extensions on to the front or back of the home….
Questions….
Can a HomeOwner’s Association actually FORCE the homeowner to NOT improve on the property?
Can this, essentially, stagnate the value of a home and work against the re-saleability of the home?
If HOA’s have this much POWER…can they legally ruin the homeowner’s chances of making their own home work for them? Doesn’t this make HOA’s an “enemy” in times of housing downturns?
Lotsa questions & points to consider. Answer as you can and thanks!
100807 5:30
I am not in the market to purchase a home at this time. I am a renter. When I do purchase, it will be in an area that does NOT have an HOA.
My point isn’t that I I I I I am in an HOA….
MY POINT IS THAT HOA’S CAN:
Make the homeowner a “prisoner” in their own home because of family changes (more kids, parents or kids move back home) and needing more space. HOA’s in Collin County Texas have been given so much power that they can force people to tear out newly constructed porches that visually improved the property’s value, but a member was “upset” and down it went! The HOA’s evoke too much power-able to confiscate a home and force it into foreclosure for late payment of dues. HOA’s (like unions) have their needs, then they overstep their powers.
All I am saying is HOA’s can work AGAINST the individual homeowner, and if the homeowner can’t adjust their own homes for their growing needs, then the HOA needs to back down out of the individual lives of the homeowner.
HOA’s may claim to “standardize” a communities visual aspects, instead seem to turn a community into a “commune” with a one-mind mindset similar to communism governments.
“Honey, make no waves! Down with individuality, creativity, thought!”
Answer:
Answer by Wonder
Yes, an HOA does have that power. Read the Agreement and CC&Rs.
-MM
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HOA generally want to work to improve the value of the homes in the association. Some HOA’s may be power hungry and terrible but most are very good.
They may not want you to put a fence up that they feel will hurt the views. They may not want you to put a pool in if they think it encroaches on the character of the neighborhood. They probably don’t care what you do to the inside of the home.
If they keep you from over building your home they may be doing you a huge favor at resale time. Adding on rooms adds very little value to a home when compared with the building cost for resale.
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You know city zoning does the same thing on a larger scale. Houston may have changed, I don’t know, but when I lived there several years ago they were one of the only cities in the US that had no zoning. You could build a shopping mall in a neighborhood if you wanted to and could buy enough land. They ended up with some very weird looking properties…but definitely encouraged a lot of unusual and creative people. Look up the “Houston orange show” or the “Houston beer can house” sometime on the web.
When you buy into an HOA they do have the power to tell you what you can and cannot do with your property.
The “Rules and Regulations” is the most important document to study carefully if you’re thinking about buying in an HOA.
Hope this helps.
Terry S.
http://www.Welcome2Arizona.com
You really need to read and understand the HOA covenants and restrictions. What you do inside your home, and can’t be seen from out side is generally okay. But when you buy into a communitity like this, there is the problem of changing your home, and becoming “different” from what the community is trying to achieve.
For example, the HOA can legally take you to court, they can legally froce you to tear down your unapproved improvements, they can place a lein (a fine) on your property, and you can not sell until that is paid or removed. HOA can tell you what colors you can paint your home, and restrict how many dogs of what size you can have. In short, the HOA is a huge pain in the butt, and most of the residents don’t even go to the meetings to vote for change.
Sorry, it is not the HOAs fault the economy has gone south. But may I suggest, the market will get better in perhaps 18 months, then you will see the prices resume going up……we hope. The time is the uncertainty, but real estate always goes up. So perhaps A) take a loss and get your bigger home, as the prices outside the HOA community go down. B) wait the 18 months or so, then sell. But it seems you still have to come up with some money to make the illegal additions. To me that means more out of your pocket than taking a loss……may be?
It is not, although it may feel like it, the HOAs adgenda to ruin the homeowner’s chances of making their own home work for them. But rather to ensure the homes a equally beautiful, and keeping the values of all some what “up”.
I hate them. I don’t want anyone telling me what I can and cannot do with my property!
You should have the CC & R’s for your HOA (Conditions,Convenants and Restrictions) as the HOA is required to give you. They have what color your house and trim may be, what typr of fence, if landscaping, what are you wanting to do, etc. They can fine you, or make you take down anything that you have worked on. Usually additions to the backside of your house they tend to not say anything but in the front they will definitely let you know if you did something wrong. Even if your lawn hasn’t been mowed and is longer than the other yards you will receive warnings and the a fine. Just check with you HOA if you are doing major landscaping or adding on to your home. Usually, they take in consideration that you notified them of what you want and that satifies most issues.