Army dad told to tear down new tree house

dmatting said:

When in the market for homes, we have found some really nice ones, but having been burned in the past with HOAs and such we always try to get the entire story on the property. If there is an HOA, we will typically take that property out of consideration immediately. We made a poor decision with our last house - and it only caused us to hate HOAs even more and we will NEVER buy into one again. Our current property is free of that junk. I also look at the plat maps and the current deeds of the property as well. They will impart a wealth of information. Rights of ways and oddly divided and shared property will always add that property to the round file. Don't forget to look into the zoning rules and building codes of the county that the property is located in. If you have plans for your property, the county can squash them like a bug. And once you own the property, do not let anyone from the county on it without a warrant.

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+1

The majority of people in HOA's are unhappy with them, the small percentage that want to be "important" on the board and make rules etc. are the only ones that like them and participate. (sounds just like other governmental funcitions).

In my area it is very difficult to find a property that doesn't have a little tyranny running it. Unless you got big bucks.

I like my house I built it I like my neighbors (they all hate the association too), I can't stand my HOA, I don't want to be chased out of my home because they have changed from what they originally were.

I'm not sure how it works in other parts of the country but zoning laws (see my above post) are the reason many HOA's exist around here in the first place. An example in this area is that someone might have a 20 Acre plot that's right next to the city, and probably will get annexed some day but the regulations say that he needs at least 40 acres to build a house. He can't get zoning approval to subdivide it so he keeps ownership of the land and sells houses on it. Then, up pops an HOA that acts like a glorified mobile home court.

Needless to say, I agree with dmatting; I would never buy a house in an HOA unless it was absolutely the only choice I had; including a nice but slightly damp cave.

our zoning law here is very restrictive; they limit us to no more than 500 guns on the property at one time.

Brass Magnet said:

I'm not sure how it works in other parts of the country but zoning laws (see my above post) are the reason many HOA's exist around here in the first place. An example in this area is that someone might have a 20 Acre plot that's right next to the city, and probably will get annexed some day but the regulations say that he needs at least 40 acres to build a house. He can't get zoning approval to subdivide it so he keeps ownership of the land and sells houses on it. Then, up pops an HOA that acts like a glorified mobile home court.

Needless to say, I agree with dmatting; I would never buy a house in an HOA unless it was absolutely the only choice I had; including a nice but slightly damp cave.

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In my area it is because real estate agents and developers think it "protects" the value. A false premise. Someone who pays a 1/3 to a 1/5 million dollars for a home isn't going to park a rusty bus in his front yard. So they do it and put it in the deed to the lots before they are even sold to the public. I work as a contractor/construction and have built many houses to many disappointed customers when they find out they can't paint their house anything but a bland neutral color, or some old lady or grouchy old man with nothing better to do will come knock on their door and file complaints.

Hell we had one developer who would set himself up as head of the association and would set the meetings at a time no one could make it. Like at midnight on thanksgiving or Christmas.

sudden valley gunner said:

Sounds like you like HOA's and controlling other people.

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Not at all, and quite the contrary. I support a free market economy in which those who don't want to sign such a contract/covenant to tell those trying to get them to do so by telling them to jump in the lake. I have more than one friend who managed to do so.

This is the basis of capitalism, a free market economy. Don't sign a contract in which you don't wish to be beholden. If you have, don't expect a govt' bailout.

- Steve.

"Me I love individual liberty and freedom."[/quote]

Kudos to that!

I will do what I can to destroy my association, because they don't.

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WRONG. You had full individual liberty and freedom when you signed your contract, yet you signed it anyway, thereby obligating yourself to follow it. You, Sir, are the antithesis of freedom. You lay claim to freedom while simultaneously denying any and all personal responsibility. You're the epitome of the "have your cake and eat it too" crowd is clamoring for "individual liberty and freedom but at the price of..."

Whatever. Just evidence of yet more self-interested attempts to gain access to what you didn't earn.

Schlitz said:

I posted this on facebook and received a response from a liberal friend of the family:
It seems one of his neighbors complained.This is what happens when we honor the constitution, some kids lose their tree forts.

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Huh? Your friend seems to think that the Constitution guarantees their right to whine and have government fix it for them.

That's not the Constitution I read.

since9 said:

Not at all, and quite the contrary. I support a free market economy in which those who don't want to sign such a contract/covenant to tell those trying to get them to do so by telling them to jump in the lake. I have more than one friend who managed to do so.

This is the basis of capitalism, a free market economy. Don't sign a contract in which you don't wish to be beholden. If you have, don't expect a govt' bailout.

- Steve.

"Me I love individual liberty and freedom."

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Kudos to that!

since9 said:

WRONG. You had full individual liberty and freedom when you signed your contract, yet you signed it anyway, thereby obligating yourself to follow it. You, Sir, are the antithesis of freedom. You lay claim to freedom while simultaneously denying any and all personal responsibility. You're the epitome of the "have your cake and eat it too" crowd is clamoring for "individual liberty and freedom but at the price of..."

Whatever. Just evidence of yet more self-interested attempts to gain access to what you didn't earn.

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Oh because it is right for someone to attach some requirements in a deed that last forever and we should never change it. That is the only contract I signed is buying a piece of property period.(that like I already said was supposed to expire in 2000, you miss that part?) I will work to destroy my association, because they are anti liberty and anti gun and anti free market. What makes you think I don't have that right? This isn't a business contract this is about property rights. It is an "association" if the majority in that association don't like that "association" they have the right to dismantle it. So your use of "contract" is a little misapplied.

I guess the founders didn't have the right to commit treason and overthrow their government?

lol. he could just do nothing. all court casses are put on hold whil he is deployed. that way his kids could still have their tree house. everone would most likely forget whil it was in limbo

Some thoughts regarding HOA's, deed restrictions, covenants and other nasties, when looking to buy houses or property.

If there are any deed restrictions, they should show up at the county courthouse register where the deeds are recorded. If no deed restrictions found, take an additional step and talk with the people living there and ask them what is, or is not permitted. Observe what is in the backyards, (swimming pools, swings, boat stored, sheds...etc) and front yards (basketball hoops, gardens)..chances are it might not be a restricted area.

Also check the zoning regulations from the property evaluation board. If the area is unincorporated, there might be less regulations and less zoning rules than if it was incorporated. An unincorporated area usually means less property taxes overall .

There are sites on the internet like hoatalk.com that discuss HOA and there is a thread on there on how to get an HOA association dissolved.

Satellite TV dishes are exempted from local HOA & CC&R restrictions under Federal law by the FCC.
http://www.fcc.gov/guides/installing-consumer-owned-antennas-and-satellite-dishes

If I were the man who built the thing, I would have put it up in the back yard instead of the front. I like my front yard to look nice and he must have known that it would have gotten a complain from some of the neighbors. I wouldn't have called the law on him though. If I were his neighbor, I would have asked him before he got started to please build it out back somewhere and I'd even help him build it. Wouldn't pitch a fit about it though if he insisted on it being in front. Not the end of the world.

sudden valley gunner said:

Oh because it is right for someone to attach some requirements in a deed that last forever and we should never change it.

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Dude: If you don't like what's in a contract, don't sign the contract. Apparently this simple basis of capitalism is not in your toolbag.

I will work to destroy my association...

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Good luck with that. Go waste your time and energy railing against your neighbors who signed their covenants in good faith. I don't see how you squirreled "they're anti free market" out of the fact that both you and them were equally free to sign or walk away from the covenants. If you don't live covenants, ask your realtor to find you a house in a neighborhood without any covenants. Good luck with that one, too, as it'll probably be a dive, and for good reason: Lack of covenants. There's a reason neighborhoods, developers, and homeowners associations embrace covenants: It keeps wayward idiots from dragging down everyone else's property values by preventing them from doing anything they "dang well please!" such as parking junkers on the front lawn, allowing the lot to overgrow, and painting their houses garish colors.

...because they are anti liberty and anti gun and anti free market.

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Now you're just grasping at straws and ******* in the wind. You were free to refuse to sign the covenants, so why did you sign them instead? You should be angry at yourself for not reading them.

This isn't a business contract this is about property rights.

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You're right, it's not a business contract. It's a "covenant." Apparently your understanding of the term is dismal.

It is an "association" if the majority in that association don't like that "association" they have the right to dismantle it.

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Not under most state laws, no.

I guess the founders didn't have the right to commit treason and overthrow their government?

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Good luck with overthrowing your homeowner's association, as well. Hope they have Internet in jail so you won't have to hit the prison library and learn the legal definition of the term "covenant."

Fisherman, midwest - great advice, both of you.

Not bothering to respond to every point Since since you obviously didn't read mine or Tony's posts carefully. Please cite where the owners don't have a right to dismantle an association?

The majority of people in my association don't like it.

I never signed a contract. I bought a piece of property, that they have since ignored the expiration date of the association, and have changed the rules. It is written right there in the documents the association can be dismantled. And I will work toward that. I have that right. I don't care whether you like it or not. It's called liberty, I will always work toward destroying tyranny from HOA's to Federal government.

You are funny and obviously defensive about HOA's. When is the last time someone has gone to jail for over throwing an HOA. Like I said I have seen some already dismantled over the years so yes it does happen.

And plus you have yet to cite any thing to back up your statements.

To dissolve our HOA it takes 50%+1.

Raise your hands if you think America is a Free country. Raise your hands if you think your free. AMERIKA the liberal socialist police state

So, while we're on the topic of HOA's, would it be possible for a hoa to form in a pre existing neighborhood and force a resident into complying with the rules even if they refuse to sign anything?

sudden valley gunner said:

Please cite where the owners don't have a right to dismantle an association?

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Since you didn't bother to look up covenant, I'll spell it out for you: It's an agreement between you, the other homeowners, and the community as a whole. That's why it's not a mere contract.

The majority of people in my association don't like it.

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That's often the case. Doesn't make it any less binding.

I never signed a contract.

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Covenants aren't a contract. They covenants.

I bought a piece of property, that they have since ignored the expiration date of the association, and have changed the rules

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If they did so before it expired, and commensurate with the rules which allowed an extension, then it's still binding.

It is written right there in the documents the association can be dismantled. And I will work toward that. I have that right.

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If that's what it says, then yes you do, and I wish you the best of luck. If most of the homeowners agree with you, you should be able to get a judge to approve your petition and make it so.

I don't care whether you like it or not.

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Whatever. Look, dude, you said just now you never signed it. If so, it may or may not be binding anyway. That's a TINY detail you inconveniently left out of your previous rants, yet one that makes a lot of difference.

Since it makes so much difference, why did you leave it out? If it was intentional, that's trolling behavior.

It's called liberty...

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No, it's called the law, and it springs forth from and rests on our Constitution. You grossly confuse liberty with anarchy.

I will always work toward destroying tyranny from HOA's to Federal government.

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Plotting an overthrow, are you? That's as much against forum rules as trolling.

You are funny and obviously defensive about HOA's.

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Your are obviously without a clue. Dude, the second half of my degree says "Business Law." Part of that includes real estate law. If I'm trying to impart some knowledge so you don't waste the next year tilting at windmills, it's because, believe it or not, I'd rather not see anyone waste their time like that.

However, since you didn't care enough to provide pertinent details, and care so little you resort to jibes, digs, and outright crap to someone who was trying to save you a little time, I no longer care about you. Go knock yourself out! Win, lose, or draw, I don't give a hoot.

Congrats on making my exceedingly short (2) ignore list.

What, wait, huh?

since9 said:

Since you didn't bother to look up covenant, I'll spell it out for you: It's an agreement between you, the other homeowners, and the community as a whole. That's why it's not a mere contract.



That's often the case. Doesn't make it any less binding.



Covenants aren't a contract. They covenants.



If they did so before it expired, and commensurate with the rules which allowed an extension, then it's still binding.



If that's what it says, then yes you do, and I wish you the best of luck. If most of the homeowners agree with you, you should be able to get a judge to approve your petition and make it so.



Whatever. Look, dude, you said just now you never signed it. If so, it may or may not be binding anyway. That's a TINY detail you inconveniently left out of your previous rants, yet one that makes a lot of difference.

Since it makes so much difference, why did you leave it out? If it was intentional, that's trolling behavior.



No, it's called the law, and it springs forth from and rests on our Constitution. You grossly confuse liberty with anarchy.



Plotting an overthrow, are you? That's as much against forum rules as trolling.



Your are obviously without a clue. Dude, the second half of my degree says "Business Law." Part of that includes real estate law. If I'm trying to impart some knowledge so you don't waste the next year tilting at windmills, it's because, believe it or not, I'd rather not see anyone waste their time like that.

However, since you didn't care enough to provide pertinent details, and care so little you resort to jibes, digs, and outright crap to someone who was trying to save you a little time, I no longer care about you. Go knock yourself out! Win, lose, or draw, I don't give a hoot.

Congrats on making my exceedingly short (2) ignore list.

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what a disorganized, statist, user, controlling rant of an argument!
why would ANYONE spend so much time and energy to support nanny state HOAs?
If you really know real estate law?
why do you sound like the greeter at walmart?
why do you go out of your way to try to stifle a home owners private property rights?
you have made sooooo many odd, useless and wasteful posts in the past,
are now going to put SVG on ignore?
Wow!!! I guess you showed him!!! Ha!

Nope and nope, I mentioned a few times I never signed it. You missed it.

Interesting you have been insulting, but I make it to your ignore list for disagreeing with you.

And I wish you would have cited anything if you practiced Real Estate law in between being a scientist and flying planes and spending a summer in the library of congress you should be able to post some cites.

All I am saying is I will work to destroy, dismantle and get rid of tyranny in the name of my unwanted unliked HOA. And it is perfectly legal for me to do so contrary to anything you say.

You see the colonist were under "contract" to England, those were private land grants given out to make money for England. When they didn't like it any more they changed it. Yep they had people who thought it was "illegal" and treasonous Benjamin Franklin's own son thought so and it ruined their relationship. Yet they still did it.

Nice try on all your demagoguery though. Trying to equate my statement of fighting tyranny to "plotting an overthrow". Come on you keep telling us how smart you are.

Anarchy....lol....and liberty are very closely related but again you are equating something I didn't say.

I have noticed your posts have been having a nasty edge to them lately? I hope everything in your personal life is OK. I used to respect your posts even if I didn't agree, but you didn't resort to so much demagoguery, ad hominem, or rationalization.

1245A Defender said:

what a disorganized, statist, user, controlling rant of an argument!
why would ANYONE spend so much time and energy to support nanny state HOAs?
If you really know real estate law?
why do you sound like the greeter at walmart?
why do you go out of your way to try to stifle a home owners private property rights?
you have made sooooo many odd, useless and wasteful posts in the past,
are now going to put SVG on ignore?
Wow!!! I guess you showed him!!! Ha!

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Hey my friend! I don't mean any personal insults to Since but when I read people who post this way it reminds me the loyalists in the 1700's. I don't really think it's their fault, they just are taught this is the way it is supposed to be and has to be and maybe on some level are afraid of true "liberty".

I'll stop posting back to him I think I got under his skin because I won't vote for the "lesser of two evils".

But being on his ignore lists just make my posts not have any contrary opinion and his disagreements and arguments won't be heard.