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HOA rules limiting dog breeds


AimeeM
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We sign the contingency offer on home we want on Sunday. 

Right now the builder "owns" the subdivision, and runs the HOA - all fees, and rules, are set by them. Once the subdivision is completed (it's in the final phase now), the HOA will be turned over to the residents.

We will, of course, make sure before signing that there are no restrictions regarding German Shepherds (as we have on, and plan to always have one), but my question is this...

 

Even if there are no current restrictions, when the HOA is turned over to the residents, if they start making breed restrictions, would our Obi be "grandfathered in"? 

 

We won't sign if there's a chance we would have to get rid of Obi. No way, no how. 

 

ETA: There ARE (we hear through the grapevine) local subdivisions with GSD bans, which is why I ask.

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We sign the contingency offer on home we want on Sunday. 

Right now the builder "owns" the subdivision, and runs the HOA - all fees, and rules, are set by them. Once the subdivision is completed (it's in the final phase now), the HOA will be turned over to the residents.

We will, of course, make sure before signing that there are no restrictions regarding German Shepherds (as we have on, and plan to always have one), but my question is this...

 

Even if there are no current restrictions, when the HOA is turned over to the residents, if they start making breed restrictions, would our Obi be "grandfathered in"? 

 

We won't sign if there's a chance we would have to get rid of Obi. No way, no how. 

 

 

I can't answer your question about restrictions, but I live in a neighborhood right now, where the HOA is controlled by the developers and it was supposed to revert to the homeowners next year.   The way our contract was worded, and the way all the neighbors interpreted it, that a definite, not a maybe.  But all of a sudden, now the neighborhood is going to remain in the hands of the developers for another 10 years.  I'm not sure how that worked out, exactly, but the ones with the lawyers and the money can make anything happen, fair or not.  

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Can you have a contract drafted that spells out a grandfather clause for your current dog, just to make triple-sure?  As for future dogs, I don't think there is anything you can do.  Should the HOA adopt a rule against a particular breed, I believe you will have to adhere to it.

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Get the developer to address this before you close on the house.

 

We moved into a developer controlled neighborhood that allowed horses. After a few years, the 'people' were given control of the HOA. It was a messy unpleasant situation for a long while. There were people who vehemently opposed having horses in the neighborhood. Sheesh. Why did you buy here????

 

 I would not have given up my horse, I would have moved. Fortunately cooler heads prevailed and horses are still welcome here.

 

 

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I can't answer your question about restrictions, but I live in a neighborhood right now, where the HOA is controlled by the developers and it was supposed to revert to the homeowners next year.   The way our contract was worded, and the way all the neighbors interpreted it, that a definite, not a maybe.  But all of a sudden, now the neighborhood is going to remain in the hands of the developers for another 10 years.  I'm not sure how that worked out, exactly, but the ones with the lawyers and the money can make anything happen, fair or not.  

Hmm. Maybe we can do as another poster suggested and specifically have our dog written into the contract, IF there are even any breed restrictions - I'm not sure that there are.

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Can you have a contract drafted that spells out a grandfather clause for your current dog, just to make triple-sure?  As for future dogs, I don't think there is anything you can do.  Should the HOA adopt a rule against a particular breed, I believe you will have to adhere to it.

 

 

This is what I'd do.

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Well, the problem with a grandfathered clause is.........

 

1. That would limit you to this particular dog.  Once your dog is gone, you would most likely NOT be able to get another german Shepard.

 

2. There is potential for your neighbors to complain, even though you are grandfathered in, and if they want to fight it, they can get a petition going.  Once the petition reaches a large enough number, they can still change the rules on you (I have seen it happen.)

 

3. If the neighbors don't like that you have one, and put up a stink, you could be labeled in the neighborhood, and there is nothing worse than your home not be a place of peace.  (I have seen this too.  The neighbors who used to live next to us were very much hated by the neighborhood for their dogs.  They moved shortly after we moved in, so I wasn't part of that, but it was bad.)

 

 

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The infinite number of problems CAUSED by a HOA is just not worth it IMO. I would withdraw my offer if the dog means that much to you. I lived under tyranny I did not know could exist in America for six years. There was a horrible woman who just drove around our whole subdivision all day long, finding people's pets that were not on their rental agreement, complaining about things people's kids did calling a tow company if you were parked in the wrong spot ect. My son had a big hole that he and his friends dug in the back corner of my back yard. It was the source of so much joy for six little boys. She did everything she could to stop their joy, (she didn't win, and I'll never tell what I ended up putting in that hole to fill it up when we finally moved). The unreasonable rules this woman generated (she was one of the builders and the HOA was never turned over to home owners) caused me to be unable to sell my home. 

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This is one of the many reasons I will never live where there is an hoa. I hate being told what I can and can not do on my own property.

I believe your current dog would be given an exception if the rules changed but future dogs would probably not be allowed.

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The infinite number of problems CAUSED by a HOA is just not worth it IMO. I would withdraw my offer if the dog means that much to you. I lived under tyranny I did not know could exist in America for six years. There was a horrible woman who just drove around our whole subdivision all day long, finding people's pets that were not on their rental agreement, complaining about things people's kids did calling a tow company if you were parked in the wrong spot ect. My son had a big hole that he and his friends dug in the back corner of my back yard. It was the source of so much joy for six little boys. She did everything she could to stop their joy, (she didn't win, and I'll never tell what I ended up putting in that hole to fill it up when we finally moved). The unreasonable rules this woman generated (she was one of the builders and the HOA was never turned over to home owners) caused me to be unable to sell my home.

I'm getting a sudden flashback to The Help...

 

It's is true, though, in every place we've had an HOA, there have been one or more retired folks with enough spare time on their hands to cruise the neighborhood in search of violations. I personally wouldn't avoid a nice neighborhood just because it has an HOA - they do tend to help one maintain higher property values. But if I had a large dog or anything else someone might find objectionable, I would be very careful in my consideration of an HOA neighborhood.

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Well, those are reasons why we're asking.

We love the house, and we love the subdivision. So far it seems that the majority of those buying in are like us - families with young children (and pets!). We don't have a problem with HOAs in general, though. 

 

This isn't really a subdivision where we've seen many (or any, actually) retired. The homes are larger (smaller models over 3K sq ft, larger models well over 5K sq ft), and it just isn't the type of house that most retired folks, with no children or family still living at home, would buy into. It seems very kid friendly, I will say that - they put a lazy river in the pool area for the kids, sidewalks big enough for kids, their bikes, and their grown-ups, etc.

 

This may not even BE a concern. I'd heard that some local subdivisions had such restrictions, but thus far the only yucky HOA rule we've heard of about this place (given, the realtor didn't have much information about it) is a pretty high yearly fee for maintenance... but since all of the home sites aren't occupied yet, I would imagine it could go down later. 

 

 

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Well, those are reasons why we're asking.

We love the house, and we love the subdivision. So far it seems that the majority of those buying in are like us - families with young children (and pets!). We don't have a problem with HOAs in general, though. 

 

This isn't really a subdivision where we've seen many (or any, actually) retired. The homes are larger (smaller models over 3K sq ft, larger models well over 5K sq ft), and it just isn't the type of house that most retired folks, with no children or family still living at home, would buy into. It seems very kid friendly, I will say that - they put a lazy river in the pool area for the kids, sidewalks big enough for kids, their bikes, and their grown-ups, etc.

 

This may not even BE a concern. I'd heard that some local subdivisions had such restrictions, but thus far the only yucky HOA rule we've heard of about this place (given, the realtor didn't have much information about it) is a pretty high yearly fee for maintenance... but since all of the home sites aren't occupied yet, I would imagine it could go down later. 

 

I just wanted to say not to count on your HOA fees going down. Ours actually went up as more homes became occupied because they added more amenities since there were now more people.

 

We've lived in an HOA subdivision for over 8 years and had zero issues. We've received two letters in that time regarding weeds but nothing ever came of either of them. I haven't heard one single bad story about our HOA, so they definitely aren't all bad. There are no dog breed restrictions here through the HOA but a lot of homeowners insurance policies have them.

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German Shepherd owner here--

I could NEVER imagain living without a GS...

 

We have lived in 2 neighborhoods with HOAs-- one urban and one rural.  The urban neighborhood was new construction and the builder had control over the HOA until the nighborhood was 75% developed.  The original set of 'rules' carried over.  It was virtually impossible to change them after that-- you had to have a majoirty vote-- and most people did not show up to the meetings to vote!

We now live out in the boonies and our neighborhood has an HOA (dirt road maintance mainly).  I think in the last 12 years ONE change has happened-- again most homeowners just don't want to be bothered with voting so there is never enough votes to get anything done.  The ONE change that happened was when someone did a mass mailing/telephone campaign and kept bugging everyone at the mailbox (main entrance to neighborhood) until they had enough signatures.  It was an important issue that needed to be addressed... still took about a year to get through!

 

It is VERY hard to amend the rules once you sign a contract-- even if the builder is in charge of the HOA, they can't go around changing the rules (legal contract).

 

If you know for sure that nearby neighborhoods have a GS breed restriction then I'd get something in writing before you sign (or at time of signing)-- just for peace of mind and for something in your favor in the rare instance that someone tries to change the rules later.

 

I've only had one bad dog bite in my life--it was from a  20 lb dachshund... my 130 lb GSDs are so gentle-- that weiner dog was a bully!

 

 

 

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It seems very kid friendly, I will say that - they put a lazy river in the pool area for the kids, sidewalks big enough for kids, their bikes, and their grown-ups, etc.

 

pretty high yearly fee for maintenance

These two things are directly correlated. Our expensive HOA fee is worth the nice pool and well maintained greenbelts and parks they support.

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There's that, too - right now the only amenities are a clubhouse, a pool, lazy river, waterfall, and paths (walking, biking). If they were to add a playground like some of the subdivisions have, we would be in heaven, lol. 

 

I do think the HOA fees go to a good cause, definitely... but they are higher than any other subdivision in the area (for comparable amenities), so I'm not sure what is fair and what isn't. The subdivision we live in now has no amenities and no HOA dues (although we do have an HOA, technically).

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It sounds like a nice place.

 

I live in an HOA area and love my HOA. The thing is my neighborhood was twenty years old when I moved in and now it is 40 years old (we moved once to a large house in the neighborhood). The HOA was well established when we got here. We could see their track record on maintenance of common areas, playgrounds and road. I think we could even see financial stuff like budget and how they save for capital projects (a road needs to be replaced every so often). So, I've never had a problem with my HOA, but...

 

You are talking about a new neighborhood with no record of maintenance, no record of financial management, etc. So, it's a wild card and hard to predict what direction it could go once the builder is done and you elect board members from the homeowners. It's interesting to see nice, normal looking people decide they can use the HOA for some sort of power trip. Or that might not happen and everybody is of sound mind and just wants to work for the betterment of the neighborhood.

 

 

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It sounds like a nice place.

 

I live in an HOA area and love my HOA. The thing is my neighborhood was twenty years old when I moved in and now it is 40 years old (we moved once to a large house in the neighborhood). The HOA was well established when we got here. We could see their track record on maintenance of common areas, playgrounds and road. I think we could even see financial stuff like budget and how they save for capital projects (a road needs to be replaced every so often). So, I've never had a problem with my HOA, but...

 

You are talking about a new neighborhood with no record of maintenance, no record of financial management, etc. So, it's a wild card and hard to predict what direction it could go once the builder is done and you elect board members from the homeowners. It's interesting to see nice, normal looking people decide they can use the HOA for some sort of power trip. Or that might not happen and everybody is of sound mind and just wants to work for the betterment of the neighborhood.

Well, I will note that while *I'm* not ambitious enough to make sure I'm sitting on the HOA... my husband IS ambitious (and outspoken enough) to do just that (for himself, I mean; to make sure that HE is sitting on the HOA). 

 

We DO like some restrictions, truly. I know it may not be popular, but I've seen otherwise lovely subdivisions go to pot because a few people have vehicles parked in yards, mold on the exterior of the home, unsafe stairs, etc... and it really does have an impact on the home values for the rest of the neighborhood.

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We live in a subdivision with a HOA, and like it.  I like that there are rules that say your house can't look like crap and ruin the re-sell value for your whole street.  We do not have a dog ban of any sort, but a few years ago, they banned chickens.  The way that worked, your current dog would be grandfathered, but you would not be allowed to get another one. 

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I have a love/hate relationship with our HOAs.  About every 3-4 years, the management company changes, and enforcement changes.

 

They can be extremely picky sometimes...and extremely lax.  Going away, so you put your garbage can out (neat, nice lidded garbage can) at 12:00 on Sunday for the 5 a.m. Monday a.m. pick-up? Violation and potential fine because it was out before 5 p.m.  Yet the neighbor down the road has the lawn from hell.
 

Where we live now, HOA fees include lawn maintenance which I love because you are not responsible for watering, mowing, replacing sod, etc.  Problem is you are restricted in what you can plant.

 

Regarding dogs, we never had a breed ban until a few years ago when they put one for pit bulls.  As far as I know, German Shepherds are still welcome.  When the pit bull ban went into effect, current dogs were grandfathered in.  

 

If I had my choice, I'd go for no HOA.  Problem is, in Florida, HOAs are pretty much the norm.

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We live in a neighborhood with an HOA (I don't like it, but all neighborhoods here have it). We have a vicious dog restriction, but German Shepherds are not included in it. I know families with German Shepherds. I think there are different levels of classification for vicious dogs.

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There's that, too - right now the only amenities are a clubhouse, a pool, lazy river, waterfall, and paths (walking, biking). If they were to add a playground like some of the subdivisions have, we would be in heaven, lol. 

 

I do think the HOA fees go to a good cause, definitely... but they are higher than any other subdivision in the area (for comparable amenities), so I'm not sure what is fair and what isn't. The subdivision we live in now has no amenities and no HOA dues (although we do have an HOA, technically).

 

I don't know if the developer would allow this, but if you're concerned about whether or not the fees are in line, I'd ask to see the HOA budget before signing on the dotted line. Find out where the money is going. I'd even try to contact neighboring HOAs and see if anyone on the board would talk to you about what they pay for similar expenses. It may give you a basis for comparison.

 

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These two things are directly correlated. Our expensive HOA fee is worth the nice pool and well maintained greenbelts and parks they support.

The pool is very nice, but it is the prime reason that your HOA fees will never go down. Liability insurance, plus set asides for future maintenance, mean there are set asides in addition to collecting for future costs. Pools never get less expensive.

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The pool is very nice, but it is the prime reason that your HOA fees will never go down. Liability insurance, plus set asides for future maintenance, mean there are set asides in addition to collecting for future costs. Pools never get less expensive.

Absolutely, but if you use pools then you would otherwise have to find a club to join. A club that would not be walking distance from your house. In summer I'm at my outdoor pool 4 days out of 7. A few years back my ds with special needs who had previously been on swim team developed a fear of the water it was a long painful summer because I really don't know what to do with myself and children in the summer except swim. Thankfully he is swimming again. Summer rec team at a pool your kids can walk to is a great activity too. If you aren't a pool person, then joining an HOA with a pool is not a good fit .you will just resent where your HOA dues go.

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I love my German Shepherd, love my chickens, love my garden, and would not move into an HOA-controlled subdivision for all the gold in Fort Knox.

 

P.s. When I worked at a law firm, my boss was also on the board at his neighborhood HOA. Thus, it cost him nothing to send threatening letter to anyone whose grass was a quarter inch too high.

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The pool is very nice, but it is the prime reason that your HOA fees will never go down. Liability insurance, plus set asides for future maintenance, mean there are set asides in addition to collecting for future costs. Pools never get less expensive.

Yeah... but the HOA fees, for just the pool and sidewalks, are about 1K yearly; the neighboring, comparably sized subdivisions, with the same (or more) amenities have yearly HOAs of between 300 and 500.

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I love my German Shepherd, love my chickens, love my garden, and would not move into an HOA-controlled subdivision for all the gold in Fort Knox.

 

P.s. When I worked at a law firm, my boss was also on the board at his neighborhood HOA. Thus, it cost him nothing to send threatening letter to anyone whose grass was a quarter inch too high.

I definitely understand that... but in general, we like HOAs. We aren't super fond of very restrictive ones, but we also know some very moderate ones that aren't very restrictive at all. We're hoping this is one of those, lol. We love our GSD and wouldn't move anywhere that didn't welcome him... but we aren't wed to our garden (in fact, I hate gardening) and we do not have other animals, so I guess we're coming at it from a place of having lived downtown for a long time. 

We do not live in an HOA controlled subdivision now... but as we are in the city/downtown limits, there are strict rules regarding livestock (chickens, etc), zoning, commercial equipment in residential areas, etc... so we have restrictions through the city, just not the HOA. I guess we're just used to certain restrictions. 

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Yeah... but the HOA fees, for just the pool and sidewalks, are about 1K yearly; the neighboring, comparably sized subdivisions, with the same (or more) amenities have yearly HOAs of between 300 and 500.

 

I know that in our neighborhood, HOA fees cover quite a bit of "hidden" expenses that people don't think of. For example, the front entrance mowing and landscaping, as well as a care for a few smaller common areas costs about $8,000/year. Paying a bookkeeper to handle dues collections and related services isn't cheap. Electricity for the street lights, bulb replacement, and other small expenses add up. So I doubt it is just for a pool and sidewalks. Since it's higher than comparable neighborhoods, you might want to find out "why" but some of it may be that they choose to have higher quality landscaping and such as they are trying to attract people who will pay more for their homes, etc. Or that they are building a reserve, and fees may go down a bit later on. We do have a volunteer run HOA Board to so at least we don't have to pay a management company as that really adds to the cost.

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Yeah... but the HOA fees, for just the pool and sidewalks, are about 1K yearly; the neighboring, comparably sized subdivisions, with the same (or more) amenities have yearly HOAs of between 300 and 500.

 

Wow. That is high (to me). I would definitely ask for an accounting. I would expect to receive considerably more services/amenities than neighboring subdivisions if I were being asked to pay twice the norm. I wonder...how are the costs being broken out? Are the buyers of homes that have been sold footing the entire bill? Or is the developer paying the HOA costs for the unsold properties? It just seems really odd that you'd pay at least twice what others are for the same/similar amenities.

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I wouldn't sign if there was a possibility I couldn't keep the dog.  Then again, I wouldn't live in a house with an HOA for just this type of potential unreasonableness.  At the very least, I'd have it written into your own contract.

We like HOAs in general. No super restrictive ones, but we're fine with most. Of course we wouldn't sign if they said we couldn't keep our dog... but if the by-laws are lawn and home care related, we're fine with that - we already have similar restrictions just because we live in the city/downtown.

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I have a GSD and he's so danged sweet. I don't get putting them on the "bully" breed list. . . maybe because their bite is so strong, I guess. But I have my hand in his mouth several times a day and he never bites down. He's not stupid.

 

I'm more afraid of popping a treat into my friend's toddler's mouth: I'm scared of a baby's bite!! :lol:

 

Alley

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Wow. That is high (to me). I would definitely ask for an accounting. I would expect to receive considerably more services/amenities than neighboring subdivisions if I were being asked to pay twice the norm. I wonder...how are the costs being broken out? Are the buyers of homes that have been sold footing the entire bill? Or is the developer paying the HOA costs for the unsold properties? It just seems really odd that you'd pay at least twice what others are for the same/similar amenities.

 

We are at about $700/yr. and one of the cheapest HOAs in the area (middle class). The neighborhood with the amenity center and lazy river is over $1000/yr. (also middle class) and many neighborhoods here (rich ones) are in the thousands.

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I love my German Shepherd, love my chickens, love my garden, and would not move into an HOA-controlled subdivision for all the gold in Fort Knox.

 

P.s. When I worked at a law firm, my boss was also on the board at his neighborhood HOA. Thus, it cost him nothing to send threatening letter to anyone whose grass was a quarter inch too high.

 

Yep. In fact I don't get HOAs at all: it's ALL about image, right? Because anything truly dangerous is illegal. So who cares? I just cannot deal with that kind of stuff. It's not that I have chickens. I just think that if someone buys a house, they should be able to have chickens or a pit bull if they want.

 

Not to mention if I want to go to the pool I'll go to parks and rec.

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Yep. In fact I don't get HOAs at all: it's ALL about image, right? Because anything truly dangerous is illegal. So who cares? I just cannot deal with that kind of stuff. It's not that I have chickens. I just think that if someone buys a house, they should be able to have chickens or a pit bull if they want.

 

Not to mention if I want to go to the pool I'll go to parks and rec.

 

 

different things to different people. 

 

In communities were houses are not acres apart, neighbors have to see eachother's property. Putting aside pets, I don't want to look at abandoned appliances in the front yard, seats from an old truck, a six foot tall cinderblock fence,  and a car perpetually up on blocks. Being in an HOA improves the visual enjoyment of my property. It doesn't do me any good to maintain my house if the view I have is of a dump. I've given the guy who owns the dump a good view (perhaps that person would wish I left an appliance or two in the yard). 

 

And if I use the pool a lot (and I do) I do not want to make arrangements block out my day and drive. I like walking up the street and I like that my kids can decide on their own to go to the pool without me (when they are old enough). 

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Well, I will note that while *I'm* not ambitious enough to make sure I'm sitting on the HOA... my husband IS ambitious (and outspoken enough) to do just that (for himself, I mean; to make sure that HE is sitting on the HOA). 

 

We DO like some restrictions, truly. I know it may not be popular, but I've seen otherwise lovely subdivisions go to pot because a few people have vehicles parked in yards, mold on the exterior of the home, unsafe stairs, etc... and it really does have an impact on the home values for the rest of the neighborhood.

 

Agreed. We moved from a non-HOA neighborhood that eventually went south. Our current neighborhood has an HOA with just a few basic rules.  The minimal fee includes pool, park, and greenbelt upkeep plus several special events throughout the year. 

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different things to different people. 

 

In communities were houses are not acres apart, neighbors have to see eachother's property. Putting aside pets, I don't want to look at abandoned appliances in the front yard, seats from an old truck, a six foot tall cinderblock fence,  and a car perpetually up on blocks. Being in an HOA improves the visual enjoyment of my property. It doesn't do me any good to maintain my house if the view I have is of a dump. I've given the guy who owns the dump a good view (perhaps that person would wish I left an appliance or two in the yard). 

 

And if I use the pool a lot (and I do) I do not want to make arrangements block out my day and drive. I like walking up the street and I like that my kids can decide on their own to go to the pool without me (when they are old enough). 

 

Well yes certainly. Our neighbors have a ton of old "junk" in their garage. They have an antique shop and the dad repairs cars sometimes.

 

Their grandkids are wonderful and I really like them. They have a huge garden and they give us vegetables!

 

I'd rather look at their junk than have someone else tell me how to live.

 

Different folks for different folks... 

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Well yes certainly. Our neighbors have a ton of old "junk" in their garage. They have an antique shop and the dad repairs cars sometimes.

 

Their grandkids are wonderful and I really like them. They have a huge garden and they give us vegetables!

 

I'd rather look at their junk than have someone else tell me how to live.

 

Different folks for different folks... 

And that's why nobody is ever forced to live in an HOA subdivision ;)

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