About Home Owners Association?

I'm going to be writing a story about a man name Jim who inherits his grandfather's house. The house has been built by hand by Jim's create grandfather in 1910 meant for his family in an area where there wasn't any other structure up until 20 years later. 10 years prior to his grandfather's death, the HOA was established in the neighborhood consisting 97 out of 98 homes, his grandfather's house being the exception and as a result he has been in conflict with them over not selling the house or becoming a member. Jim moves in of course and inherits his grandfather's problems as well. As with any story, he makes friends and enemies along the way. 

I know its a bit long winded but, given the infamous history of any HOA, do they have the right to harass Jim and impose their rules over a property that existed 20 years before any other house, can they take legal action, does Jim have a good chance of fighting them? What's your take.

11 Answers

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  • Anonymous
    4 weeks ago

    Ignore the HOA. If they had any authority they would be taking you to court.

  • 4 weeks ago

    Jim is exempt from HOA fees.

  • 4 weeks ago

    Jim's grandfather lived in and owned a home that had no deed restrictions as it was his prior to that neighborhood deciding they wanted an HOA. That deed, now held by Jim, has not changed. The HOA has no authority over Jim or his property.

  • 4 weeks ago

    I used to live on a street of about 10 houses, in a neighborhood of maybe 300 houses. The 300 houses were built first and the whole neighborhood was one big hoa. After the neighborhood was finished the original builder found he could add the 10 houses on my street and make a bit more money, so he did but since my street wasn't included in the original HOA, they were not part of it. 

    The hoa tried halfhearedly to get the 10 houses to join it, but we didn't want to (and they apparently had to get all 10 houses to agree to join or it couldn't happen), we saw no advantage to joining and thus just stayed seperate. Nobody in the hoa really cared and we certainly didn't care - the only real effect was that we didn't have to pay the yearly hoa fee of about $60 per house. The hoa even delivered the quarterly hoa newsletter to our houses as if we were part of it.  There was a yearly halloween parade for kids and our kids were free to join it. They also came around every year with a huge truckload of mulch that they gave out free to the houses in the hoa. They didn't let us have any of the mulch - I guess that is the one other difference.There weren't really any hoa rules to follow and if there had been, nobody in the hoa leadership seemed interested in enforcing them, so possibly the unconcerned nature of this hoa made it unimportant for us to join.I guess that's my take. They can't make you join but its just not a big deal.

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  • 4 weeks ago

    no one has the right to harass anyone over anything.

    no they cannot impose their rules.  i actually just saw a video on youtube about a guy that owned a house that was in the  middle of the HOA, but not actually a part of the HOA

  • 4 weeks ago

    They cannot force him into the HOA.  There is no legal action for them to take that can compel him to do anything they say.  

  • 4 weeks ago

    No if that particular home is not a member of the HOA then they have no power over him what so ever.  They have no right to tell him shyt or to charge him shyt. 

  • Anonymous
    4 weeks ago

    Anybody can take legal action for anything. I don't think they have a good case.

    Why are you writing such a random story?

  • Anonymous
    4 weeks ago

    Most HOA's are formed around new construction where HOA membership is a requirement.  An existing neighborhood can form an HOA but cannot force home owners to be a member.  The HOA in your scenario has no legal standing with regard to Jim.

  • 4 weeks ago

    The story is not realistic.

    It's better to write what you know about not what you don't.

    An HOA  CANNOT take over an existing property.

    The HOA can exist completely around the grandfather's property but the HOA would have NOTHING TO DO with granddad's property.  The builders might have wanted granddad's property but that's not related to the hoa.

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