"I never understood why someone would want to live somewhere where they are required to pay for people to tell them what they can and cannot do on their own property. All I hear from people who live in such communities are complaints. "

As I described, my experience is otherwise. The money collected is as per agreed upon criteria and how it's spent is fully transparent and subject to advance debate. Certain items and procedures in the budgeting and spending are required by state law. Our HOA is very well liked in my neighborhood ( > 300 single family homes) and seldom is heard a disparaging word.

Maybe the predominance of complaints you've heard is just a result of a randomly skewed sampling of people you've spoken to. But maybe not.

Elmer- is your HOA so strict as to tell a homeowner what color they can paint their house, how tall their grass must be, how many vehicles they can have on their property?

The HOAs around here enforce these kind of ridiculous standards.

Our neighborhood has 60 homes (all custom built, no spec homes or designed neighborhood here) and the bulk of them chose this neighborhood because they didn't like all the restrictions the surrounding gated HOA communities had.

We have building restrictions in place dictating how far set back, minimum square footage, how many horses per acre, what kind of roofing material is allowed, what type of siding (must be brick, stone or stucco) etc that must be followed which protects all the homeowners from someone building a shack or placing a mobile home next door and causing a significant drop in property values.

We have 2 (fairly new) couples in the neighborhood that keep trying to get an HOA started and they keep getting shut down because the rest of us just want to live quiet peaceful lives being allowed to do what we want on our own property.

Elmer- is your HOA so strict as to tell a homeowner what color they can paint their house

Yes. Proposed changes to an exterior in a construction sense, the paint color or roofing material and/or color or any major landscaping features - are all subject to an architectural review. It's done by an architect, though findings are reviewed and approved by the Board before communicated to the homeowner. It protects neighbors from the bad taste or oddball design ideas of their neighbors. I've been on both sides of this - as the Board member dealing with a home owner and as a home owner requesting permission for changes - and I have no complaint from any of the experiences. The neighborhood is all custom houses, each built by the owner of the individual lot (no spec development) many decades ago and so it isn't as if there's a single prevailing style to protect. Rather, just good taste to keep the general appearance of any one house in harmony with itself and and others.

How tall their grass must be

I'm in coastal California, what's grass? We do have green weeds in the winter but they're mostly gone now.

The landscaping requirement is that exteriors must be appropriate to the area (there are lots of drought tolerant plantings and most have enough water for some things on drip emitters) and regularly maintained. When watering grass was permitted (no rain from April to October so watering is a requirement), regular mowing was required. Most lawns have been replaced but for those that haven't, brown lawns are acceptable now. Some have put in the funky phony grass. Outdoor watering is allowed again but many people have moved on from lawns.

How many vehicles they can have on their property?

Yes and no. There's no parking on the street and no RV or trailer parking allowed if visible from the street. Meaning, having anything other than cars on the driveway is a no-no and parking something behind a low gate or fence in a side yard doesn't cut it either. Pickup trucks aren't popular or common and few tradesmen live here so there are really no work trucks overnight. If someone had a truck for work, they would be of course allowed to park it at their home. Because only single family occupancy is allowed, a house that consistently has a lot of parked cars starts to look like a rental sharing among unrelated adults or a regular place of business and neither is allowed.

There are more things that go on that may differ from a standard neighborhood. We've had several CC&R changes proposed and approved, all with the intent to streamline the rules and modernize requirements. I've been here several decades and like most others, I'm completely okay with what's required, how the Board conducts its business and how homeowners are treated.

So......people in your neighborhood pay other people to decide whether or not they have good taste? Yeah,I don't see that happening for me. But if it works for you and your neighbors, more power to you. (Or rather to your HOA I guess)

Elmer- I'm glad you have a neighborhood you are happy to be a part of and obviously, many are more than eager to live in these exclusive neighborhoods with HOAs or they wouldn't exist.

I'm happy my home is where it is. It may seem classist or judgemental but the overall price point of living in my neighborhood plus the extensive building restrictions have properly served to maintain not only a safe neighborhood with virtually no crime but also maintained and elevated home values.

I and the vast majority of my neighbors are in agreement that we do not want someone dictating every facet of OUR property.

"So......people in your neighborhood pay other people to decide whether or not they have good taste? "

Amylou, have you ever built or remodeled a house in an existing neighborhood? Rules on building limitations and requirements (though perhaps not colors) are not rare. Appearance AND color selections are often enforced by villages or historic districts wanting to maintain a traditional appearance of their areas. There are zoning laws, building restrictions, yada yada yada everywhere. What we have here are that and a bit more. Not much. A lot of people have bad taste, the consulting architect protects the homeowner from them-self.

No one is dictating every facet of our property

The rules protect resale values and the pleasant appearance of the neighborhood. There are perhaps some people who have experience elsewhere with invasive, busy-body, and no value added Boards and that's the opposite of what I have here. As I said, most homeowners are of a like mind in appreciating what our Board does and anyone who thinks it's not for them can buy a house elsewhere. They're the ones missing out.

Uh-huh. So if I'm naive what are people who assume that their taste is better than someone else's? What defines good taste to the all knowing, holier than thou hall monitors of the hoa? To tell someone that their own personal tastes is bad just because you think so is just plain rude. To say that they are "better off being protected from their own bad taste" is the epitome of pretention,snobbery and is just plain tacky. Its almost laughable that you think that way. I don't think I could keep a straight face if someone came up to me,a grown woman,told me I had to repaint my house,that i pay for and pay taxes on, because they don't like the color,and then expect me to pay them for the service of protecting me from my own bad taste. (Thank you sir,may I have another?) Its insulting to infantilize people in such a way. Protect them from themselves? Really? But,as I said before,if it works for you,than I'm happy for you. Some people are happier when they think they are superior to others,whether it be in status,intelligence,or personal taste.

Eta: I don't think I can think of anything more invasive and busy body than someone trying to protect me from my own personal preferences because they differ from their own.

You read incompletely. It's done all over. Zoning restrictions, building restrictions, style restrictions. etc. Everywhere. Towns and villages, cities and counties. Sounds like it's news to you, so maybe you should speak less and read more. In my neighborhood, it's an experienced architect that does the assessment and approvals. Yes, he has more experience and better taste than most people.

What's your building and remodeling experience?

Zoning and building restrictions are very different from color choices and style preferences. Historical buildings and homes are also a different matter,as many restrictions pertaining to those are to retain the historical accuracy of the home or building,not to shame the owner.

I just did a full remodel on my home that I bought in 2015. (However i concede it is not in an existing neighborhood, it's in the sticks on beautiful,peaceful acreage with only one close,very agreeable neighbor) I also just planted an avocado tree and a cherry tree. I didn't have to beg anyone if I could pretty please plant something on my own land or wait for approval for the color of the metal roof. I have also worked for my brother in law, a general contractor,securing necessary permits for new homes that he built and existing homes that he's remodeled,as well as helping him physically build or remodel homes. Other than the normal red tape of aquiring such permits,the only time it was a real pita was when the house was in a neighborhood with an hoa,with members that were convinced that they knew better than the person who lives in the home. Construction would be delayed for weeks waiting for the HOA to decide on an acceptable shade of brown for the roof,or the color of the brick or the door. He was changing out the mailbox for an elderly couple, and the hoa rejected 4 mailboxes (too big,too colorful,the flag on the side was."ostentatiously large" etc),and one mailbox post. In the dozens of houses I have helped him with,there are many times when I have cut tiles and floorboards that I didn't particularly like,painted walls with colors that weren't to my personal liking,and installed light fixtures that I wouldn't have in my home. However,I don't presume that because their tastes are different than mine,that my taste is better than theirs. Thats my experience,to answer your question. So,I do know at least a little about it,contrary to what your question implies.

How about answering my question,since you seem to be an expert on all things you or any one else ever talks about. Whats good taste? What makes your or your architects taste "better" than anyone else's? Do the offenders ever thank the HOA for saving them from themselves and their terrible taste?

If I had bought in an area with a powerful HOA, I could never have done what I did: completely gotten rid of all the grass inside the gate of the front yard and replaced it with a cottage garden that is an explosion of bloom and texture. It is a small yard, but when working outside I often have passersby stop and compliment.

I am not completely against some sort of control- zoning, for instance, I would not want a Whataburger to open right next door.

But what sort of message are we sending to others, particularly children, when we demand that houses in our neighborhood be almost fungible?

If I were shopping for a house in town, an HOA would be a deal breaker. I am not against zoning. But IF, for instance, I wanted to put pink plastic flamingos on my lawn I deserve the right to do it. This is one of the reasons I live in the country.

HOA is an absolute AVOID when home shopping in my world. They are listed on the purchase agreement. We got to closing and mentioned our plan to build DH a shop on the property and the sellers up and tells us "be sure it fits with in the HOA rules. WHAT we said you clearly stated there isn't a HOA!! Ours is pretty broad...no pole barns any structure is to match the quality of the home, no business being run out of the property, nothing in the yard that is offensive to the neighbors. Enforcement is the key. Here there is NONE. We have several people running businesses out of their home:chain saw carver, Quigong practitioner, piano lessons, machine shops, eggs seller....one guy has a village of "yard barns", various sizes. We have no 'board', it is all 'gentlemen's agreement' type I guess? I know the agreements are not enforced LEGALLY, unless the group is active and enforces EVERYTHING so ours is pretty mute. A friend just bought where her HOA says no parking cars in the driveway,or on the street..garage doors must be shut at all times...that is getting a bit ridiculous IMHO but then we had a home go into foreclose..The bank resold for a FRACTION of its "worth" to people who other wise would NEVER afford a brick and mortar home. The people who moved in appear to be of the hoarder variety. The entire subdivision is now wishing we had yard up keeps rules!! It only takes one to bring down a neighborhood!!

Elizabeth, are you from Parma, OH? :)

We have a HOA and a gated community. A local realtor sponsors and pays for our county permits twice a year. We just had one that drew huge crowds all day. I've lived with and without a HOA in various houses over the years. There's good and bad with both. . HOA's do indeed protect home values lawns are nice, no wild colors on homes, no cars constantly parked up and down the streets due to no overnight parking if we have guests we can get a permit for overnight cars on the road.

No. I don't live in Ohio. But those plastic flamingos make me laugh every time. Don't know why. :-)

Two weeks ago I put two pink flamingos in my front yard and my daughter insisted I move them to the back. She is my own personal HOA, arbiter of taste. we did have one neighbor up the block who would run garage sales re-selling stuff she bougt at discount stores, like bags of socks and junky tool sets. Bleh!

HOA's are deal breakers for me as well when looking for a home. Too many friends with bad experiences with them, more bad than good. Glad it does work for some of you.

One friend's elderly mother with health problems wished to move her washer and dryer from the basement to the first floor. The only place that would work meant the dryer vent would have to go out the side of the house rather than the back. The HOA said no because it would be visible. Those kind of interferences would drive me nuts.

Frankly, back 20-30 years ago presence/absence of a HOA was not even on our radar as a consideration. I suppose it has moved up the ladder as a consideration.

TX_Gem, sounds like we live in similar type communities.

@pkponder, back to fleamarket neighbor, one year they were selling guns and ammo! I had to take pics and distribute in the neighborhood to put pressure on Board. I think neighbor got a slap on the wrist and I lost a few acquaintances that resented my objections to neighbor's freedom to do as they wished. Of course I don't regret it. And in addition, they're one of those that posts DAILY on Nextdoor, CL, LETgo, etc etc. trying to sell cr@p. Sigh.....

Some states may have laws as to how many per year a person may have and for how many days. I know ours did at least at one time. I am thinking it was 3 days at a time and no more than five a year. Towns may have an ordinance too and make you buy a permit.

Sue

You are allowed to look at the HOA requirements before you get a house so you know what you are getting in to. We have color restrictions, but there are choices within those restrictions. My last neighborhood required earthen tones so I couldn't have a blue door. Then again, no one could have a purple house so it was a compromise between what I wanted and what I didn't want.

Some HOAs are better than others. It's perfectly acceptable to ask around before you buy a house to find out if the HOA is reasonable or has bad management. I don't always agree with our HOA, but I also know they keep the prices up by enforcing the rules.

I'd love to have Lucille's yard, but I can't go that extreme in the front yard. As long as I keep it below the fence, I can do whatever I want in my backyard. I can get permission to add a pergola or some other structure, but I have to submit plans first. We have restrictions on minimum number and types of plants, but as far as I know, there is no maximum number of plants. My house was brand new when I bought it, but I had zero choice in the landscaping plants because the builder doesn't allow that. I bought knowing I would rip most of it out. I managed to live in the house for one week before I started redoing the landscaping. I pulled out the obnoxious plants that really don't belong in a respectable flower bed, replaced soil and replanted meeting the guidelines yet improving the look. My husband and I spent around $5000 the first year upgrading the front and back landscaping. It looks nice. I did it early enough to influence the other neighbors. Now several people are copying the look. I'm fine with that because ultimately, it's helping with resale value.

Resale is why we bought here in the first place.

What power does your HOA actually have? Apparently not much unless the violators are buddy-buddy with them. I find a flea market to be much different than a garage/rummage sale. I think of a flea market to be something where there's multiple people having their own sale/demo or otherwise on a singular hosting property. If that's the case it would be quite different from a garage sale and I don't see why one should affect the other. The HOA is paid to enforce rules. I'd demand to know why they don't enforce the rules.

I have issues with the City having rules and not enforcing them, or worse yet, selective enforcement of the rules. One neighbor gets away with a lot of violations. Very frustrating when the rest of us have to follow the rules but someone else gets away with it.

@cynic, not much power. Fleamarket is the derisive term I'm using to describe the so called garage sale. I doubt this neighbor calls it a FM.

i have posted this b4 but will repeat. one important Issue is that no board wants to be associated with exhausting the funds, an enforcement = $. It seems we want our cake and eat it too. I want rules enforced but dont want $ wasted away on a p@ss@ng contest. A smart defense lawyer would know to draw something out until plaintiff (the Board in this case) ran out of money. I want to repeat that most residents are compliant but the 1-2 cookie ones sure seem to upset the cart.

years ago one Board got into an enforcement wresting match with a resident (has moved). The purse was practically depleted and a couple of residents filed a mismanagement lawsuit. I guess they settled but they also got insurance against resident's suing. It scared our Board into almost total paralysis. Yes, wimps, but raise your hand if you want a lawsuit in your hands, along with everything else going on in your life?

Amy, maybe taste isn't exactly the right word. Refer to what I said before. The standard is that any proposed change be in keeping with its setting and past appearance. It's subjective, so what? Describing what is good taste isn't clear but another way to it is that identifying bad taste, just like identifying someone with a bad attitude about something, is rarely a difficult task and usually quite obvious.

bossyvossy, I don't know where you are, but in California, HOAs are required to plan, maintain and communicate an approach for reserves for contingencies and to build the equivalent of sinking funds over time for the once every decade or more expenditures that are required. For place like condos, an example would be to declare and execute a plan each year to put away money to have a balance available to replace roofs every X years. For my neighborhood, the big capital expense is repaving roads and that has to be defined and budgeted for along the way.

Our board has a history of avoiding pissing contests. When fines are levied (which is rare but happens, usually for late or non-payment of dues), there's no "enforcement". It's filed as a lien against the property, just like unpaid property tax, and is paid when the house is sold.

Texas!!! Dont I sound like it?

No, I missed the accent.

There was a time in my life when not counting my birth state and home of California, the place I'd spent the second greatest amount of time was Texas. I was there because of military service and then later had long and recurring business trips to the DFW area.

I have only once lived in a place with a HOA. I don't recall whether they had any rules about garage sales, but they did have a lot of rules about a lot of minor things so garage sales wouldn't surprise me. To me some of their rules seemed pointless or even invasive, and their enforcement of the rules seemed uneven at best.

They prohibited cutting down any tree more than 3" in diameter, without approval from the HOA board, even if the tree was entirely dead. They prohibited running a business out of your house even when the entirety of the business was conducted over the phone and/or over the internet. They approved the plan by my house's previous owner for building a detached shed in the yard (because it matched the approved style for the development) but didn't notice that the shed's location in the plan placed it within the required setback from the neighboring property, and actually protruded into the mostly-unused common area behind the property.

The also paid a crew to show up to re-paint my entire house because X number of years had passed since it had last been painted, despite the fact the it didn't seem to need re-painting, and after the crew finished you couldn't notice any difference.

A few years after moving out of that location, I read a story in a local newspaper about a different nearby HOA that made a practice of levying fines and assessments against homeowners, filing liens and lawsuits against them, and forcing several properties to be auctioned off to pay the assessed fees, at which time the HOA board member would buy the property at the auction.

http://www.readthehook.com/75213/valley-feud-neighbors-sue-neighbors-under-rico

Oh yeah, those scams have taken place in TX. The "fine endlessly, then repossess" thing

In my area, tree cutting restrictions and specs for outbuildings (if allowed at all, often not) are common and contained in local zoning and building code laws and are actively enforced by cities and counties (for people in urban/suburban areas).

Without a gate key or remote, one cannot get into my HOA without calling from the front to a home so they can buzz the person in - there are two windows M-F where the main gates are open which coincides with the hours people leave and return from work. We've managed to convince everyone who might have previously to not buzz anyone they are not expecting nor know into the property, mostly thanks to some vehicle breakins and a couple outright vehicle thefts and the CCTV monitors showed the perpetrators entering after stopping at the call box to get buzzed in the gate (there was no way to know/prove which unit buzzed them in and nobody came out and said they thought that someone who lives here was aware of the intended thefts or involved so that aspect was never pursued in any meaningful way). We have very strict rules on parking, which are finally being fully enforced without bias or 'special consideration' to friends of or actual members of the board. There's a rule about no commercial businesses being permitted to be operated on the property by a resident or with the permission of one - that probably includes garage sales, it definitely does include operating a car detailing business though. :P

We can't have "permanent fences", for a minute there were a few people who tried pushing the envelope on what the definitions of "permanent" vs "temporary" are but in the end if you can pull it out of the ground easily and with just your hands in a couple of minutes it's not permanent and they won't make you remove it no matter who complains that it's there. If you go to the trouble of pouring cement to sink the posts into and it completely sets you're going to be asked to remove it and fined until you comply.

I know we can have tag / garage sales in my neighborhood/town. I don't know if there is a limit on the number we can have, as no one in the area seems bent on overdoing them. I've done one, about 15 years ago, and probably could do another now that I am moving.

I would hate an annual garage sale, that if you wish to participate, you are locked into ONE SPECIFIC weekend a year. Thankfully we don't have that. (However we do have the town Hazardous Waste Day, which is always Columbus Day Saturday, which is always the weekend of the annual retreat I attend. At least with Hazardous Waste, you could drop things off at a friend's, who can help. The one and only annual garage sale thing... nope.)

But when it comes to garage sales, it is nice that they occur here, on various dates, and that no one seems to be abusing the ability. I think there would end up being a crackdown if someone were to do so. The only rule I am aware of is No Signage on Telephone Poles (no one pays attention to that one, apparently...).

I'm not in an HOA and would never ever move to one. My brother was once in one in Florida. No cars allowed in the driveway for more than 6 hours at a time. Which would really have biten had I driven there to visit him (rather than be picked up at the airport) for a week. Their two car garage held their two cars! Hmm, come on, what could I have done, drive around and parked in different neighbor driveways every six hours, come on, really???

Asking for permission to make yard / paint changes... frankly, I've yet to see a HOA community that looked any more attractive than the equivalent price-point non-HOA community. Usually, they look pretty bland in comparison! But if that's your thing, fine. Some people obviously want to live in them, or they would not be. I'm glad I have the choice not to.

(Note: When I bought my current home back in '91, the next door neighbors had one car on blocks, and were running an answering service business (remember those???) out of their home, so there were a lot of cars over there in the daytime. Mother asked me if I was concerned about that car on blocks. I said, nope - it's not making any noise, or beating up its girlfriend, and anything my neighbors do (or don't do) to their yard will help my yard look excellent in comparison! At any rate, if one or two houses in my community here end up being painted, say, purple, there's always the amusement factor. No biggie. I was terribly disappointed when the shocking pink house near my place of employment was repainted something neutral. Mind you, I don't care for shocking pink personally, but it was a landmark, and I enjoyed seeing it.)

Home businesses are permitted here by the town proper, but no permanent signs.

Oh. I just had to have some trees removed for insurance reasons. I added in a couple others while they were here, which cut down the price. I am SO glad I didn't have to go through HOA approvals for this. I dislike time-wasting events for something that would have to have been done anyways. (I still have plenty of trees...)

There was a house in my parents former single family residences-only neighborhood that the owners painted pink, yellow, blue and light green, each color getting one section. I believe that was in response to some of the neighbors and people who lived in the city but not in that particular tract that drove by and felt it was necessary to complain about the length of time a recreational vehicle was parked in the driveway or on the street. To the city. When I last drove by, the aforementioned house is all a lovely light shade of lavender and the rv was back in the driveway.

Now if someone would do something about the parents who get huffy when someone needs them to move their vehicle so they can pull into their own driveway and/or garage because said parents are there parked and waiting with the kids for up to 45 minutes before school and then a span of 2 hours waiting to pick the kids up after school lets out. God forbid the kids might have to get to school on foot and before the first bell, or soil their precious tootsies walking home through that totally-dangerous-in-no-way suburban tract of homes in a good school district and a city that is exactly 2.5 square miles in size. Seriously. There's not even any days with serious smog alerts here now, there's a law that prohibits sex offenders from being anywhere remotely close, what are the parents so terrified will happen!?

Now if someone would do something about the parents who get huffy when someone needs them to move their vehicle so they can pull into their own driveway and/or garage because said parents are there parked and waiting with the kids for up to 45 minutes before school and then a span of 2 hours waiting to pick the kids up after school lets out. God forbid the kids might have to get to school on foot and before the first bell, or soil their precious tootsies walking home through that totally-dangerous-in-no-way suburban tract of homes in a good school district and a city that is exactly 2.5 square miles in size. Seriously. There's not even any days with serious smog alerts here now, there's a law that prohibits sex offenders from being anywhere remotely close, what are the parents so terrified will happen!?

Lol! I have a similar complaint about the parents who spend hours waiting in the pick up/drop off lane. Don't these parents have anything better to do? They are blocking me so I can't go check out my child that needs to go to a doctor/dental appointment.

Township requirement is to get a permit. Doesn't cost anything and not like the police are cruising around on sunny Saturdays lookiing for them. It think it's mostly to keep anyone from running a "junk business" on their driveway every single weekend. Yard sale season is about to start in full-force and I have sort of a route I follow in search of a bargain. In another municipality, there's one person who seems to have at LEAST 2-3 a month. I rarely stop to look cuz it's the same old shtuff!

Clearly those parents don't have anything better to do than sit there and block you from getting your car parked so you can check your child out for an appointment - otherwise they wouldn't be sitting there? :P It's almost feeling like we should pity them for that being the thing that is the focus to exclusion of anything else and being "that parent" is their life. But if it's what they have chosen and what they want then more power to them. I support their right to make that choice even if they think of the choices I've made while my uterus goes unoccupied and grows older by each passing minute, as abandoning my 'duty' as a woman.

oh..I am so glad I live outside the city limit. I hate having people tell me what I can or can't do.

Where I live, it's difficult to find housing without an HOA. Our neighborhood has one but it's not too bad. We have to paint our homes neutral colors and we are supposed to get approval to change outdoor features. We added a gate to our front path and had to get the neighbors on each side and across the street to agree before submitting to the HOA for approval. Indoor changes do not require HOA approval.

There are pros and cons. Homes in my neighborhood are pretty expensive (avg about a million) and really close together. It's about 15 feet between my house and our neighbors. The combination of those factors means that our neighbors do impact our property values. Our house would likely sell for less if the neighbors had poorly maintained yards that we could see from our house.

When we were house hunting, we were shocked by the different hoa rates. Ours is less than $100 a month but some homes we looked at wanted closer to $600 a month in dues. I would never pay that much.

Our HOA sponsors two garage sales a year, one in May and one in September. Ads are run in multiple media to encourage loads of traffic. It works out beautifully.

Our city will issue a homeowner a free permit for one sale per year, for two consecutive days or less. You need to post up "No Parking" signs on the opposite side of the street quite a distance from your house. There are limits on the hours.

Chi, homes for about a million on average, fifteen feet from a neighbor? Silicon Valley? I'm even more glad I can go rural now that I retired. (Even here, in my neck of southwestern CT, houses are about 300K more or less, and mine is on an acre.)

Jewel, this works out fine if the two designated weekends are free (time-wise) and available to all who want to participate. I do have a problem with the one designated Hazardous Waste Day I have here.... At least a friend can help me bring stuff in and only waste an hour in line, but I don't know anyone who will be a resident PLUS able to sit around all day to sell my stuff. Evidently, the HOA picked dates that work for you?

Chisue, your city system for sales makes sense! It's been fifteen years since I hosted a garage sale, but now that I am moving, another is again on the horizon. I actually do hope they have a permitting system now, via my town. I do have to wait until my soggy road frontage gets past May, so people can park on lawn without ruining it.

Questions to posters who have served on their HOA boards. I am giving serious thought to going to my neighbors w/a petition to modify or ban garage sales. Would boards act on such an action? A group of us have being complaining for at least 10 years about the constant sales and board has done little. Don't see how, faced with a petition, they could ignore the matter. Your suggestions will be appreciated.

Artemis, it's south Orange County. I think it's much worse in Silicone Valley! Most of the land here is developed so they try to squeeze us in.

True. Prices in south OC are lower than in Silicon Valley and the greater Bay Area. Except near the beach, which north to south always commands a premium.

Bossyvossy, I have not served on such a board but have a question Is it just one or two with constant sales or many? Either way the board may not want to deal with it. If it is just one or two they may figure it is not worth their time, if it is many, the garage sale group may have an equally loud voice to your request. So maybe a harder sell would help.

I do have a suggestion: If you can get together with your neighbors and get a list of particular complaints (loud, disturbs privacy and the enjoyment of one's abode 'usufruct') rather than just saying you don't want them, perhaps that might send a more powerful message?

one transgressor only. Neighbor has received complaints from individuals and from the Board, civilized and hostile, and person ignores it. Person was on the board at one time and b/c of flea market thing the board requested a letter of resignation. Unfortunately, we are way past civil discussions. The neighbor keeps the property in pristine condition and is otherwise quiet. I truly think it is a very lonely family that craves the human contact but takes any request not in line with their values as a personal affront. just another stubborn Texan. It is vicious circle as the more flea markets, the more it irritates neighbors and the more irritated the neighbors the more isolated this person is. The more isolated the person feels, the more flea markets we have, ha. Person is not on speaking terms with any of the 5 immediate neighbors, myself included. it is sad and infuriating at the same time. I am going to speak to past board members for suggestions about a petition. I will take civil action and hopefully wont get shot in the process. When we were on speaking terms I was told that once a customer presented a large $ bill. Neighbor went inside to get change and upon returning, customer had left with the whatever item and w/o paying. You would have thought this was sufficient reason to stop the selling but no. I don't really understand the motivation, so guessing loneliness. Financial need is highly improbable.

I truly think it is a very lonely family that craves the human contact

You are a popular person here, and persuasive. Is there any chance that you and a few neighbors can offer friendship? Perhaps if the need for contact is filled by you, the neighbor will be more amenable to your point of view and stop the sales.

"just another stubborn Texan"

I suspect your word choice is generic but I'm sure you know that people who are self-righteous, indifferent to others and/or also obstinate litter our country from border to border.

Other than managing money, common areas and anything else for the common good, the only other authority/responsibility a Board has is to enforce the CC&Rs. In California, an amendment (absent an express provision to the contrary) requires a super majority - 2/3rds vote for approval. With an express provision, a simple majority is permitted too. I'm sure it varies from place to place.

Signing a petition may not accomplish anything if there's nothing for the Board to use as a weapon other than friendly persuasion. If there is a rule in the CC&Rs being broken, you need to get them to enforce it. If no rule and no local law that's helpful, you may need to try the amendment route.

Elmer do you mean change the cc&r? Wouldn't a petition put pressure on board to revise rule, per petition? That's what I was thinking.'

lucille, not happening.

How many homes as in the association? Is there a rule this person is violating or is nothing mentioned in the CC+Rs and/or local law?

The Board should be enforcing all rules. If they're not, I think that's what your beef with them should be. I don't think a petition per se does anything that's different than making your own list of homeowners you've spoken to who agree with you and communicating the results of that to them. Also, a personal communication seems (to me) less threatening and less confrontational.

If there is no rule and an amendment is required, then you need to look at your paperwork to see what the process is. The Board would likely not act without seeing an expression of interest from a large number of homeowners. Remember that usually CC+Rs can have rules that are less permissive, more restrictive than local law, so long as they are reasonable and allowable under the circumstances.

I understand every HOA is different just are all neighbors different but I think good Boards, ones that aren't overloaded with nosy busybodies, try to do the right thing and listen to communications (oral and written) from homeowners for direction.