>Florida ranks 1st of the states on HOA Spy for foreclosure suits brought by associations, with 10,296 of 14,168. The count depends on which courts are indexed in each state as well as on the associations, so it is a count of records, not a rate.
Florida is known for having the strongest "sunshine" laws in the country, that make government records transparent. That makes this statistic pretty useless.
Same goes with the whole "Florida man" shtick--news channels and YouTube channels dredging for wild stories are more likely to get the info on Florida-specific misdemeanors due to sunshine laws.
Court records are public everywhere. How companies like RealtyTrac get their stats/data, they grab records from county recorder offices. So what does that have to do with sunshine laws?
Technically public and transparent are different things. I looked up a couple HOAs on HOA Spy that I know have filed liens in my state–they come up green.
It is GOOD that HOAs can bring foreclosure suits. Suits are the only way to get maintenance fees from some owners. Without maintenance fees HOAs decline and their owners' values decrease. Foreclosure also has the side-effect of removing a badly-acting owner from the association and replacing them with one who WILL pay their bills promptly.
I think that property taxes and similars (e.g. HOA dues) should accrue as a lien against a property but not be foreclosable during the original owner's life. Then you create a state-backed entity that provides guarantees on loans against those liens for the municipalities and HOA subject to certain rules. (They could still factor those liens privately sans limitation.)
Really? In fifty years of home owning, not once with the "benefit" of a HOA, I've yet to see an owned house value decline.
Some countries just bypassed this entire US obsession with redlining and keeping the others out. Maybe try working more on community and less on uniformity.
HoA is not meant for access to a park. HoA is supposed to be for maintaining public spaces inside a community - a pool, community center, landscaping around common areas, enforce basic rules so people can coexist in tight spaces.
HoA might be pointless if everyone lives on 5 acre lots where the stuff your neighbor does won’t really affect you but if you have homes squeezed into tiny 8k sq ft lots, we absolutely need some basic rules to live together in such close proximity. The rules can just be common sense rules that everyone can agree on but something needs to exist so one person can’t ruin it for everyone else. In a condo, you can’t just blast music during the quiet hours so others can sleep and go to work. In a neighborhood street, you don’t get to permanently park your giant RV and a boat and inconvenience others because you bought too large of an RV to fit in your own lot or are too cheap to pay for storage somewhere else and so now you have decided it to make it be everyone’s problem. This is just common sense which a typical considerate person would follow even without rules on the books but there are always a few that think they can just do whatever they want.
That's what national laws and the city government do in Germany, and I presume a lot of the rest of the world. I live in a neighborhood where the average lot size is something around 250 square meters (2800 sq ft) for the single-family houses, and we're fine.
Someone is making racket after 10pm or before 7am, or at all on Sunday? If they won't quiet down after being asked nicely, or you can't reach them, call the city - that's against national law. Someone decides to park something too wide for the street or over a certain size and weight? Call the non-emergency number, and a very eager tow-truck driver will show up with a quickness you wish ADAC (German AAA) would. Something has been parked on the street and not moved within a certain period (that I don't know off the top of my head) - tell the city that there's an abandoned vehicle and they'll put a sticker on it alerting the owner that they have 48 hours to move it. If parking is really tight in a neighborhood, the city will create a parking permit zone if you and your neighbors campaign for it. Someone doesn't mow their yard by July (before that, it's for the sake of wildlife) or won't get their tree that is growing over your fence trimmed? The city will make them if social pressure doesn't do it first.
Don’t confuse yourself. HOAs are in addition to state/county/city regulations. A lot of local governments allow HOAs to enforce additional quiet hours or other things.
I’ve never lived in a HOA that had to maintain roads, sewers, or street lights. All the infrastructure is covered by the county or city. Neighborhood pools, playgrounds, and common areas are HOA. That’s in addition to local parks, aquatic centers, and all the other local public service stuff the county and cities provide.
I am president of our HOA board here in so cal and our biggest line item to maintain is our asphalt roads. They are technically private streets so we can set whatever rules we want (within the bounds of the law and needing a board approval) but we are definitely owners of the streets and have to pay to maintain them (which is absurdly expensive if you weren't aware how much asphalt work costs).
If HOAs stopped there, these points could be reasonably argued. But those I’ve worked with are as much, or more preoccupied with enforcing petty aesthetic consistency standards and pursuing perceived deviations with a zeal that would make one believe that the issues actually mattered.
I am conflating HOA with condo maintenance, but to add an anecdote re: Florida - my dad's condo was reassessed twice over the last 3 years. The first time, the balcony was cordoned off for about 5 months. This time, his balcony has been inaccessible for 4 months and ongoing. His maintenance fees jumped 80% to almost $2K for over this period. This is on top of mortgage. He paid for the view which he gets no access to. Somebody on that management board is laughing hard on their way to the bank.
Beware anybody who claims property-law is naturally simple. Triply-so so if they believe other laws should be "simplified" so that every problem is though the lens of ownership rights.
That's how you get Mr. Burns blocking out Springfield's sun.
City services are not as good as the private services I pay for though. The area behind my gate is a lush oasis; the surrounding area is bare minimum. My parks are pristine and have no dog poop. The public parks are not that. My life will not be subject to a large number of neighbor inconveniences; police would not do something about a dog waking me at nights or littering or speeding past my road where my kids play at 50mph. I get no solicitors ever because of the gate. The guards at the gate require salaries that someone has to pay for.
I did state as a fact that they are not required for park management. They're also less common than in the US and, so far at least, far less draconian (seemingly) in comparison to nightmare USofA HOA stories.
HOAs shouldn’t exist. They have no justification for authority. The legal frameworks allowing their existence should be dismantled with extreme prejudice and at the expense of those who benefit from the current system.
> HOAs shouldn’t exist. They have no justification for authority
Freedom of assembly. If my neighbors and I buy stuff, put it in a box and then buy and create rules around how its benefits and costs are divided, and I sell my share in the box, that should be fine.
Yeah but if you sell that box/stuff to another person, they own it now and shouldn't be bound by your rules. If that's not true, I didn't actually buy anything. I just paid hundreds of thousands of dollars to have my name put on someone else's contract without being able to negotiate any terms.
It's like "buying" digital movies. The button says Purchase but you/Amazon still get to dictate terms long after the sale.
>Florida ranks 1st of the states on HOA Spy for foreclosure suits brought by associations, with 10,296 of 14,168. The count depends on which courts are indexed in each state as well as on the associations, so it is a count of records, not a rate.
Florida is known for having the strongest "sunshine" laws in the country, that make government records transparent. That makes this statistic pretty useless.