HOAs....Can they do this?

[Chris0nllyn]

Lets say there are 2 parts to a neighborhood that surround a recreational area.

Can the HOA of the one side stop accepting applications from the other side because of the past actions of folks on the other side?

 

[acommondisaster]

I'd assume if they controlled the recreational area, they could do what they want. If they didn't, why would the other side have to apply?

 

[Chasey_Lane]

No.

 

[b23hqb]

Where is this happening, and are both sides in the same or different HOA? A bit more info would be helpful.

 

[vraiblonde]

HOAs always seem like a good idea, and I used to think so as well. Then I realized the type of people who want to be HOA board members: former hall monitors and wedgie recipients who aren't charismatic enough to run for a real position of power.

Anyway, Chris, I believe the answer to your question is they can do whatever the residents will tolerate. And since most of the residents - statistically 7 out of 10, according to the Rule of Pete - will be mouth breathing morons, you're pretty much out of luck with regard to recalling your Board. If you want to spend some money you can sue and probably win, but the little martinets are banking on it not being that important to you.

 

[MADPEBS1]

Where is this happening, and are both sides in the same or different HOA? A bit more info would be helpful.

need more info as B23 stated Chris, If the rec area is supposed to be equally maintained by both side within the HOA docs, don't see how they can do that...

 

[nobody really]

I'd have to agree with chasey lane, I don't think they can. to me it would be discrimination in some form.

 

[Chris0nllyn]

More info:

The neighborhood is split in 2. The "old part" and the "new part". Only the new part has a HOA, but they stopped accepting applications over 6 years ago from the "old part".

You'd think they would want as much money as they can get, but I wonder if completely forbidding the other side of the 'hood is legal (though very dickish)

 

[nobody really]

More info:

The neighborhood is split in 2. The "old part" and the "new part". Only the new part has a HOA, but they stopped accepting applications over 6 years ago from the "old part".

You'd think they would want as much money as they can get, but I wonder if completely forbidding the other side of the 'hood is legal (though very dickish)

application for what? i'd fight it, if the old part pays the same as the old part, say for maintenance of whatever they can't get approval for access to (say, a pool, tennis courts, rec center), then f*ck yeah, i'd be pissed. write to the attorney general for the state of maryland. and al sharpton. what does the new part have that the old part would want access to?

 

[Chasey_Lane]

More info:

The neighborhood is split in 2. The "old part" and the "new part". Only the new part has a HOA, but they stopped accepting applications over 6 years ago from the "old part".

You'd think they would want as much money as they can get, but I wonder if completely forbidding the other side of the 'hood is legal (though very dickish)

Typically the entire neighborhood has to abide by the HOA covenants. If a new builder takes possession of some of the lots, they have to abide by the HOA covenants as well. If they are not accepting applications, you do not have an HOA, and therefore you don't have to abide by anything. Case closed.

 

[huntr1]

My neighborhood has an HOA. 55 houses in the neighborhood. 50 houses covered. 5 additional lots from original development were specifically excluded from the HOA when the neighborhood was created (2 developers building the neighborhood, 1 built 50 house, the other just sold the empty lots). The 5 excluded houses would have access to any neighborhood amenities, if there were any, under the terms of the HOA bylaws written up by the 2 developers. So yes, the HOA can block anyone they want that is not in the HOA from accessing HOA owned amenities because the HOA is the owner of the amenities and can thus say who can/cannot use them. HOA property is private property.

 

[Chris0nllyn]

application for what? i'd fight it, if the old part pays the same as the old part, say for maintenance of whatever they can't get approval for access to (say, a pool, tennis courts, rec center), then f*ck yeah, i'd be pissed. write to the attorney general for the state of maryland. and al sharpton. what does the new part have that the old part would want access to?

This all started when I left my boat in view of the HOA head guy. He saw it and prompted his visit.

I meant "application" to join the HOA. It was conveyed as "voluntary" on my house paperwork.

There's a 16 acre lake in my backyard that's technically property of the HOA, and I can't use it. According to the paperwork left by my old neighbor, the HOA "stopped accepting applications from XXX neighborhood in 2006 due to troubles with XXX neighborhood people and their friends".

Typically the entire neighborhood has to abide by the HOA covenants. If a new builder takes possession of some of the lots, they have to abide by the HOA covenants as well. If they are not accepting applications, you do not have an HOA, and therefore you don't have to abide by anything. Case closed.

Which is what I thought, until the HOA Nazi told me I can look at the lake, and that's it. No fishing, swimming, boating, etc.

I don't mind paying. The dues are reasonable, the area is always kept nice, roads are always plowed and treated in the winter, and the CCRs aren't anything ridiculous (nobody's coming to put signs in your yard if the grass is too high), the guy is just anal about the recreational area, and it seem like the people that used to live in the area were #######s and ruined it for everyone.

I just want to use what's in my back yard.

 

[Chasey_Lane]

There's a 16 acre lake in my backyard that's technically property of the HOA, and I can't use it. According to the paperwork left by my old neighbor, the HOA "stopped accepting applications from XXX neighborhood in 2006 due to troubles with XXX neighborhood people and their friends".



Which is what I thought, until the HOA Nazi told me I can look at the lake, and that's it. No fishing, swimming, boating, etc.

I don't mind paying. The dues are reasonable, the area is always kept nice, roads are always plowed and treated in the winter, and the CCRs aren't anything ridiculous (nobody's coming to put signs in your yard if the grass is too high), the guy is just anal about the recreational area, and it seem like the people that used to live in the area were #######s and ruined it for everyone.

I just want to use what's in my back yard.

You are required by law to receive any HOA bylaws prior to closing. If you did not receive anything, you are not under an HOA (or the previous owner was neglectful). I'd call county zoning and ask who the lake belongs to -- you don't want to be trespassing on private property.

 

[Chris0nllyn]

You are required by law to receive any HOA bylaws prior to closing. If you did not receive anything, you are not under an HOA (or the previous owner was neglectful). I'd call county zoning and ask who the lake belongs to -- you don't want to be trespassing on private property.

The lake is zoned as a recreational area, and it's owned by the "new part's" HOA.

I just want to join that HOA and use the area, but they are refusing.

My neighbor is going through the same issue.

 

[czygvtwkr]

Sounds like you guys are the undesirables.

 

[Chris0nllyn]

Sounds like you guys are the undesirables.

Our side doesn't smell that bad....

 

[Chasey_Lane]

The lake is zoned as a recreational area, and it's owned by the "new part's" HOA.

I just want to join that HOA and use the area, but they are refusing.

My neighbor is going through the same issue.

I can tell you from experience w/my own HOA, they are not allowed to tell outsiders (kids that don't live in the area) NOT to use the playground equipment. I still say you call the county and ask what the rules are regarding this.