Possibly Defunct HOA Options

[Zee09]

This isn't another HOA bash thread.
Probably as bad.
Seriously I belong to a supposed HOA.. (You tell me-please)

Small neighborhood of 12 houses from 2003 and two years ago that expanded to 25.
An HOA governing body was never setup, and I was never charged any HOA fees.
My guess is because I removed about 30 acres of mowing from the seller's equation.
All house completed and my lot is the only vacant one.

I own the front entrance and most other lots there run from 2-5 acres.

The issue at hand and yes, I will have to seek legal counsel I know. Just looking
for feedback basically.

There was an architectural committee listed to approve house plans. That never happened.
Once I bought the last lot of the original subdivision back in 2017, he (owner) got lost.
I tracked him down in 2020 at his business but he acted very suspicious and never called me back.

Some of the many rules were.
* You cannot build a house with 100% siding. You need to mix in brick-stone-stucco etc.
* 2600 sq. ft. minimum. In Maryland. Garages and basements excluded of course.
* Any work or business vehicles with names on them cannot be out in the open- garaged only.
* No boats or RVs on the premises
* No detached garages unless they are voted through the committee
* Plus, many more

My issue with my property. No livestock. I was told at settlement by the owner the reason for that
was that they did not want old bathtubs etc. as feeding and watering stations all over the property.

This year I was informed no HOA dues are being collected anymore and no HOA governing body was ever
assembled. All the rules with an asterisk have been broken to put it modestly. The second phase had 5000 sq. ft houses
and bigger blended in with 1700 sq ft ones which break the rules. Company trucks in about half the driveways.
Detached garages and small sheds all over the place. The broken rules go on.

One police officer across from me has 100% vinyl siding and a big Kubota tractor in his lane and a huge RV out back with
his boat. Plus, he lets most of his 6 acres grow without mowing.

My plans changed when my mom passed as I was going to build a house and have her move in with me
as she needed 24/7 care. Sadly, she didn't last long enough to see it

Long story short. I am considering selling it and, in this area, if I could sell it to horse people
the sale would happen in days and the price would be far more. Two nieces of mine sold
their houses in this area in 1 day this year. Both had multiple offers.

Not trying to pull a fast one and I need to sweat the details but in my mind no HOA exist.
My original realtor told me when that house was built with 100% siding the rules were out the door.

Should I pursue the horse farm option? Thanks!

 

[GON]

Interesting thread and will be following.

My question would be are the rules HOA rules, or covenants on the property that are registered with the county (or appropraite government agency for the state of Maryland)? I owned a property that had like rules, to include the garage doors could not be seen from the street, no fences, no trucks whatsoever, etc.

The covenants required renewal every 10 years. Someone failed to renew the covenants- and now since the property is not in an incorporated area- one can do whatever they want with their property.

 

[John Galt]

With only 25 houses in the HOA and with so many owners having already ignored the rules, maybe the approach to take is the see if a majority would vote to dissolve the HOA. Folks get set in their ways and homes with HOA violations is sure to get those owners looking for a way out of the mess they are in.

 

[SHOZ]

I would. I belong to one and all they do is collect dues for a bit of gravel and insurance. had one meeting when they first set it up and too many 'official statements on what they would do' got put on the books. Haven't had another meeting or election of officers in 24 years.

They told me I could not build a steel house. Was planning on one that used all steel construction but look like wood siding. Told me no metal siding yet aluminum was OK. I gave up on that and that was a wise choice in the long run.

Anymore I just do as I want. In fact I've put 60 tons or so of rip rap and ten telephone poles on their easement property to reinforce the failing pond bank due to their poor pond maintenance practices (keeping the level too high) in the last two years.

 

[Zee09]

Interesting thread and will be following.

My question would be are the rules HOA rules, or covenants on the property that are registered with the county (or appropraite government agency for the state of Maryland)? I owned a property that had like rules, to include the garage doors could not be seen from the street, no fences, no trucks whatsoever, etc.

The covenants required renewal every 10 years. Someone failed to renew the covenants- and now since the property is not in an incorporated area- one can do whatever they want with their property.

GON, no those rules were only HOA rules and not county or state. Great question though.

 

[Zee09]

I would. I belong to one and all they do is collect dues for a bit of gravel and insurance. had one meeting when they first set it up and too many 'official statements on what they would do' got put on the books. Haven't had another meeting or election of officers in 24 years.

They told me I could not build a steel house. Was planning on one that used all steel construction but look like wood siding. Told me no metal siding yet aluminum was OK. I gave up on that and that was a wise choice in the long run.

Anymore I just do as I want. In fact I've put 60 tons or so of rip rap and ten telephone poles on their easement property to reinforce the failing pond bank due to their poor pond maintenance practices (keeping the level too high) in the last two years.

I too have thought of the steel house deal for decades....
Here horse lovers like to have 2 or 3 only and it is a big advantage to have them at your home.. No massive farm complex just a few pet horses make property far more valuable.. Most of the horse people in this area keep their property in tip top shape.

 

[RhondaHonda]

I’d see if anything was recorded with the county I regards to the HOA first.

 

[SHOZ]

Their excuse for the steel siding was rusting. I think that was originally set up for the normal steel siding type buildings. Though many around here will put them up for a house now on their own property. My house is on a lot that is outside the HOA. The steel house I was wanting to build on one of the HOA lots. Termites are terrible here.

So I figured I'd tear down my current house and rebuilt if on the existing or improved foundation with the same floor print. Nope, Zoning says it has to be 1500 sq ft of living space. Mine is 1000 with attached garage. So I would have had to convert the garage to living space.

That has since been reduced to 960 sq ft a few years later as the county was losing too many building permits. If I were to build on one of the HOA lots it has to be 1800 sq ft.

 

[Zee09]

Their excuse for the steel siding was rusting. I think that was originally set up for the normal steel siding type buildings. Though many around here will put them up for a house now on their own property. My house is on a lot that is outside the HOA. The steel house I was wanting to build on one of the HOA lots. Termites are terrible here.

So I figured I'd tear down my current house and rebuilt if on the existing or improved foundation with the same floor print. Nope, Zoning says it has to be 1500 sq ft of living space. Mine is 1000 with attached garage. So I would have had to convert the garage to living space.

That has since been reduced to 960 sq ft a few years later as the county was losing too many building permits. If I were to build on one of the HOA lots it has to be 1800 sq ft.

Temporarily off topic .
Remember the conventional USS steel siding? How did they seal the cut joints on installation. They had to seal the cuts or they would rust...

 

[walterjay]

It will be interesting to see where this goes for you. Sounds to me like there is no HOA.

 

[atikovi]

Plus, he lets most of his 6 acres grow without mowing.

I couldn't imagine mowing 6 acres. Even with a riding mower that would take over 12 hours each cut. Probably $1000 to hire it out.

 

[walterjay]

I couldn't imagine mowing 6 acres. Even with a riding mower that would take over 12 hours each cut. Probably $1000 to hire it out.

Two hours or so with the right equipment.

 

[Zee09]

I couldn't imagine mowing 6 acres. Even with a riding mower that would take over 12 hours each cut. Probably $1000 to hire it out.

I mow over 50 acres a week with a 61inch zero turn. On perfect terrain I could mow 9 acres an hour. But not on my old farm fields from the past .
Rough and many are in a wetland area I am not allowed to improve because of the state.

 

[John Galt]

Zee - I would not mention the gentleman horse farm plan in your “dissolve the HOA“ discussions with the other home owners. There will be someone who doesn’t like that idea (smell, noises, etc.) and will want to retain the HOA bylaws to prevent that from happening. The goal should be to dissolve the HOA because others have already ignored the rules then sell it HOA “free”. Let the horsey folk deal with the surrounding home owners.

 

[Zee09]

It will be interesting to see where this goes for you. Sounds to me like there is no HOA.

I'm not interested as you know in misrepresentation of a property so I would get a real estate hot shot to look it over
Full service type. I'm sure they have legal representation available to them within their company.
My thoughts are most in the neighborhood do not have "clean hands" so I don't think they wouldn't have a leg to stand on but not taking that for granted.

 

[atikovi]

Two hours or so with the right equipment.

Well ok, it takes me over 2 hours just to cut the 10,000sf at my storage place but that's with an 18 inch corded Black and Decker cutting 3 foot tall grass.

 

[Zee09]

Zee - I would not mention the gentleman horse farm plan in your “dissolve the HOA“ discussions with the other home owners. There will be someone who doesn’t like that idea (smell, noises, etc.) and will want to retain the HOA bylaws to prevent that from happening. The goal should be to dissolve the HOA because others have already ignored the rules then sell it HOA “free”. Let the horsey folk deal with the surrounding home owners.

My neighbor is one of those guys .. you're so right .He even hates dogs but where I live is no HOA...

 

[Zee09]

Well ok, it takes me over 2 hours just to cut the 10,000sf at my storage place but that's with an 18 inch corded Black and Decker cutting 3 foot tall grass.

Yeah in that case it would take me centuries...lol

 

[Leo99]

My neighbor is one of those guys .. you're so right .He even hates dogs but where I live is no HOA...

You are very correct that you need legal counsel on this. You don't want to lie by omission and possibly be sued should the new owners run into issues having horses on the property that you sold them that you implied to them shouldn't be a problem. I don't know if failure to enforce the vinyl siding rule negates all the rules.

 

[Zee09]

You are very correct that you need legal counsel on this. You don't want to lie by omission and possibly be sued should the new owners run into issues having horses on the property that you sold them that you implied to them shouldn't be a problem. I don't know if failure to enforce the vinyl siding rule negates all the rules.

Definitely.... Vinyl siding in that neighborhood is a nothing burger as that's the least offensive and I wouldn't bother complaining about that myself.

Agreed..you don't falsely advertise or puff up anything to get a sale. Not my style anyways..