DK Firearms

Can someone help me understand this HOA?

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  • txinvestigator

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    May 28, 2008
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    It says they can enter into any improvement on the lot. You're giving them permission to enter your house, forcefully if necessary, and any damage done during entry is on you.

    HARD PASS on this one. I don't care what the market is, do not bid on this house.
    The house is not an improvement.
     

    Analog Kid

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    Jan 26, 2021
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    Rockwall, Texas
    I am asking for interpretations/opinions. Ive always rented and not 100% familiar with single family home HOAs. Is my understanding correct to assume they can just walk in with 24 hours notice?
    Interview with other residents in the HOA to ascertain how likely it is this could happen.. go straight to the source. Many HOAare money grabs and are run by liberal control freaks.. probably want to be careful.
     

    mitchntx

    Sarcasm Sensei
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    Jan 15, 2012
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    Waco-ish
    I wish I had that option but with the market the way it is most non HOA homes are going for 30-50k over asking and I dont have that kind of money.

    Line 5 of the section you posted "the expense incurred by the association ... shall be a personal obligation of the owner".

    Do you think you might have the money later on?
     

    billtool

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    Nov 16, 2008
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    The Wooldlands
    First time home buyer who is out there submitting offers. One of the houses I really liked had some interesting verbiage in their CCRs. Im not the best at legal words but I see they are allowing themselves to enter the property.

    What I cant distinguish is if they are referring to the exterior of the house as "Lot" or the property in general as "Lot" . I dont want these California wanna be commie bastids in my house for "improvement/enforcement purposes. Them walking on the outside doesnt bother me as much. The house in question is located in Round Rock if that helps .

    Bear with me and my lack of photo resizing skills. Thank You.

    Screen-Shot-2021-03-03-at-3-37-03-PM.png


    https://www.settlersparkhoa.com/governing-documents < Website
    Declaration- Settlers Outlook > Section 4.03 : Right of Entry & Enforcement

    In the above link is where the CCRs are located.
    Brother...hire a lawyer. It'll be money well spent. Negotiate that sh@#.
     

    satx78247

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    Jun 23, 2014
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    I will be in prison if I ever have to live any place with a HOA.
    Nope, I couldn't do it!

    Txhillbilly,

    IF any of the HOA board-members talked to my lady the way that they talk to other women in the complex where "Sister Sarah" lives, I'd get arrested for punching them in the snoot.

    yours, satx
     

    Eli

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    3   0   0
    Dec 28, 2008
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    Ghettohood - SW Houston
    First time home buyer who is out there submitting offers. One of the houses I really liked had some interesting verbiage in their CCRs. Im not the best at legal words but I see they are allowing themselves to enter the property.

    What I cant distinguish is if they are referring to the exterior of the house as "Lot" or the property in general as "Lot" . I dont want these California wanna be commie bastids in my house for "improvement/enforcement purposes. Them walking on the outside doesnt bother me as much. The house in question is located in Round Rock if that helps .

    Bear with me and my lack of photo resizing skills. Thank You.

    Screen-Shot-2021-03-03-at-3-37-03-PM.png


    https://www.settlersparkhoa.com/governing-documents < Website
    Declaration- Settlers Outlook > Section 4.03 : Right of Entry & Enforcement

    In the above link is where the CCRs are located.

    Not sure that's legal, I'd consult a competent Real Estate Attorney.

    The house is not an improvement.

    Yes, it is.

    Eli
     

    oldag

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    I am asking for interpretations/opinions. Ive always rented and not 100% familiar with single family home HOAs. Is my understanding correct to assume they can just walk in with 24 hours notice?
    Spend $200 and talk to a good real estate attorney. Might as well get the right answer. And they may have some other wisdom to share as well.
     

    oldag

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    Another potential problem. If this is a new (or fairly new) subdivision, the developer typically underwrites the HOA expenses for a couple of years. After they are out, the HOA dues usually take a big leap. Sometimes more than tripling. Make sure to account for this in your budgeting.
     

    Ozzman

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    Aug 17, 2015
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    El Paso, Texas
    It's a contract, thus if you really have an issue with it YOU have the ability to line out the whole paragraph and initial/date it and see where it goes from there. At that point, they can say yes, or no to you living within that community. Looking at the wording and the "teeth" that the contract states I too would have a big problem with me signing off my 4th amendment to these goons.

    In short, the paragraph is stating that "they" the HOA or its affiliates can lawfully enter or step foot on your property and dwelling at any time they feel it is necessary to enforce THEIR rules. Any damage "they" cause is on you, and any injuries sustained by anyone on your property will be on you and they cannot be held for trespass or litigation (lawsuit). This also applies to utility easements and any areas fenced off on your property.

    That being said, I will be the devil's advocate here because, in reality, there is a 99.99% chance that NOTHING will ever happen to you on the property, and this document is protecting "them" if they ever have to enforce something on your property. As long as you agree to the rules of the HOA, such as paint schemes, landscaping, noise rules, things that can be seen from the sidewalk, etc., you will be fine. HOA's are made to protect the property values of your neighbors, so if you plan on opening up a mechanic garage and have a bunch of old/wrecked cars they can go after you. OR if you want to paint your house pink or bright yellow, they can stop you. Pretty much anything that can hurt the property value or bring negative attention to the community can be stopped. You are paying for enforcement of said rules, and understanding that your neighbors will comply as well. The keyword here is COMPLY... you comply or get out and that doesn't sit well with most people.

    I agree with everyone here, if you have an option to not buy within an HOA then take that route. But if it is your only choice, then weigh the risks and make a decision from there. Either way, you should be ok.
     

    oldag

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    It's a contract, thus if you really have an issue with it YOU have the ability to line out the whole paragraph and initial/date it and see where it goes from there. At that point, they can say yes, or no to you living within that community. Looking at the wording and the "teeth" that the contract states I too would have a big problem with me signing off my 4th amendment to these goons.

    In short, the paragraph is stating that "they" the HOA or its affiliates can lawfully enter or step foot on your property and dwelling at any time they feel it is necessary to enforce THEIR rules. Any damage "they" cause is on you, and any injuries sustained by anyone on your property will be on you and they cannot be held for trespass or litigation (lawsuit). This also applies to utility easements and any areas fenced off on your property.

    That being said, I will be the devil's advocate here because, in reality, there is a 99.99% chance that NOTHING will ever happen to you on the property, and this document is protecting "them" if they ever have to enforce something on your property. As long as you agree to the rules of the HOA, such as paint schemes, landscaping, noise rules, things that can be seen from the sidewalk, etc., you will be fine. HOA's are made to protect the property values of your neighbors, so if you plan on opening up a mechanic garage and have a bunch of old/wrecked cars they can go after you. OR if you want to paint your house pink or bright yellow, they can stop you. Pretty much anything that can hurt the property value or bring negative attention to the community can be stopped. You are paying for enforcement of said rules, and understanding that your neighbors will comply as well. The keyword here is COMPLY... you comply or get out and that doesn't sit well with most people.

    I agree with everyone here, if you have an option to not buy within an HOA then take that route. But if it is your only choice, then weigh the risks and make a decision from there. Either way, you should be ok.
    One, if you line something out, initial the change and make sure an authorized representative of the seller and the HOA also initials. Worthless otherwise. The HOA contract is with the HOA, so having just the seller initial will probably not be sufficient.

    Two, extremely doubtful that they will accept any changes to the HOA.

    Three, don't bet on the HOA not nosing into your business. Have heard of far too many instances.
     

    TexasRedneck

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    Jan 23, 2009
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    New Braunfels, TX
    SOME HOA's are beneficial to the HO the way SOME rattlesnake's don't bite....

    I lived in ONE HOA controlled subdivision in my life. It got bad enough that I put together a coalition, ran for President with some others running for the other offices, then at the next HOA meeting, successfully campaigned to dissolve the HOA. Previous board would fine for the smallest "offense", and the bylaws were written loosely enough that they could get away with it. From that time on, I've refused to live in a HOA-mandated community. You would NOT believe the control freaks that will weasel their way onto the board and make your life a living hell...and if you sue THEM, you're also suing yourself.

    RUN. And as mentioned, they can decide to raise annual/monthly dues at will. I've seen HOA's with dues of $7-10k annually (and more).
     
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