True: ‘HOAs are basically neighborhood tyranny systems’ — why people are blasting homeowner’s associations on Twitter – MarketWatch

I have only had one home that fell within an HOA. The HOA had, however, ceased to exist about the time we moved in, due to the HOA self destructing after filing suit against two of the homeowners – and losing.

Prior to that, the HOA rules mandated all homes have wood/shake roofs. This prohibited the use of new materials such as composite shingles – which last far longer, are resistant to rot, may reduce temperatures due to being light in color, and are safer to walk on when wet.

Two neighbors replaced their rotting wood roofs with composite shingles and were sued by the HOA. The Judge ruled against the HOA saying it was absurd to demand use of old tech (wood shakes) based on a 40 year old HOA rule. Today, all homes there have composite shingles; we were just about the last wood roof in the neighborhood when we had to replace the roof.

Within about 2 years, the members of the HOA Board moved out of the neighborhood and the HOA ceased to exist. While the HOA no longer exists to enforce CC&Rs, the neighbors could file suit against each other an individual basis. But that is not happening so the HOA has de facto vanished. Yay!

Several years ago we were looking at homes. We asked to see the CC&Rs on one home. The CC&Rs said all communications services must come via underground utilities – this clauses was to ban outside TV antennas. But it was written long ago and was so generic it banned the use of cell phones, Wi-Fi, and using a portable AM/FM radio in the home! Needless to say, we did not consider buying into a neighborhood with such absurd CC&Rs!

By EdwardM