Posted by lovewins 4 hours ago
The near universal proliferation of owner's associations and management groups and whatnot for developments larger than ~1ac (the EPA threshold, some states/towns have lower) is something you can lay at the feet of the Clean Water Act and it's implementation and precedents over the following decades.
Developers don't do anything that costs money, like set up an HOA, without a reason. The developers create the HOA because you need your >1ac residential development to pass stormwater permitting. While you theoretically could make each individual .25ac parcel you're putting a house on compliant as a standalone it's infinitely cheaper to just ignore all that, grade everything toward the road, dig a ditch, send the contents of the ditch through your stormwater treatment features, build in a little margin to those items, show the permitting authority the numbers that prove it passes with flying colors and when some jerk says "but what if X Y Z changes" you point to the excess you built in and tell them to GFY.
Now, where it really gets evil is when you start really pinching pennies or where the rules change over the course of the process making your numbers not work. Say you've got a lot of grade, a lot of rainfall, a lot of stormwater you gotta "treat". Well, you start adding rules to the HOA. Require certain parts of the lots remains grass or planter or whatever. Disallow patios, but do allow wood decks because the municipality considers those pervious, etc, etc. Or maybe the results you've got are marginal but you throw the bureaucrats a bone by saying you'll disallow car-ports and sheds in the HOA rules to prevent people from adding impervious surface. Or maybe you're uphill of some wetlands but not close enough to be regulated by default you promise to disallow working on cars and require people pick up their pet waste and not use lawn fertilizer or some other laundry list of certain things in order to make the local town's wetlands people comfortable not raising objection and claiming jurisdiction.
And of course, however these rules and plans shake out, the HOA is responsible for enforcing whatever those rules and requirements are in perpetuity so it's not like a pissed off majority can show up to vote "ok, this has gone too far, pack it in boys"
But nobody wants to talk about any of that because it's uncomfortable.
If you live in close proximity to other people, you should not be allowed to do whatever you want on your private property.
Pretty much every municipality already has laws that limit you in that manner.
Funnily enough, there does seem to be a sort of wannabe HOA in my neighborhood that is always dropping things off in our mailbox asking for donations and telling us about events. I never give them any money, and never go to their events though, so either they don't provide any value or the value they provide apparently is not derived from them having any enforcement power.
If you have horrible neighbors you will wish you had one.
> They foreclose on their own members, over debts that start small
There are members who refuse to pay special assessments or fees for the community. Given that's Flordia, theres an above average population that would believe "they aren't required to" even though they accepted it when starting. (yes there are abusive HOAs and there are non-sense fines.. and sometimes those nonsense fines come from people neglecting the property in a very bad situation)
It's your job to handle it when it's a small situation. Moving to the stage of liens takes more time to do that and then resolving that usually happens on sale or refinancing.
This site seems to provide some data that's compelling. I see some gaps in California and a couple of liens that mention FL in Los Angeles. Maybe it's a starting point if moving though. This kind of transparency is a good thing. Some HOAs are abusive.
No surprise, it reeks of being written by an LLM.