Over the years I've had my run-in's with homeowner boards. I've done searches on the net attempting to solve those problems. What I found was a multitude of websites with the same theme and end solution. That HOA's are quasi government entities that should be dissolved and legal information for filing suit against the HOA to solve the problem. They believe if everyone with a problem with their HOA files a lawsuit. It will eventually become to costly for the government changes will be made. There are flaws with this line of thinking.
Dissolving HOA's and making them illegal would violate our constitutional rights. The right to enter into contracts without government involvement. This allows Americans the freedom to conduct business and earn a living. However, this right is both a blessing when it comes to certain business transactions. And a burden when the "standard contract" supersedes the constitution. Like when it is not known or disclosed that by entering into the contract we are giving up federally protected rights. Or when the contract can be amended only by one party at anytime and for any reason. It's even more of a problem when one has to enter into a contract just to have a place to live, earn a living, buy a car; basically, just to exist.
Over all these sites offer no explaination about what happens after the HOA is dissolved. Making them go away may fix one problem but, creates new ones. So, let's say that these quasi legal sites get what they want. HOA's are now illegal and must be dissolved. Now what? What happens to the private streets, pool, golf courses, common area, tennis courts, club houses, play grounds, etc? More importantly, what happens to your home? How do would this affect condos, high rise apartments, and other types of HOA communities? The city cannot afford to buy the streets or common areas or maintain them. The city would have to take everything by eminent domain including your home to void the contract from running with the land. From there they would have to sell the land to a builder who would demolish everything and rebuild. If the city were to take your home you would not be paid it's full market value. So, why would you want HOA's to be illegal or dissolved?
We do not need to file costly suits or dissolve HOA's to solve the problems. What we need is a government agency both federal and state to punish boards for violating the state laws and federal laws. This country doesn't need quick thoughtless fixes. We do not need "We'll cross, that bridge when we come to it," thinking. That is what has gotten such a big chunk of our asses bitten off. We need well thought out, well planned, well researched, and well structured solutions with checks and balances in place.
It makes me wonder what motives are behind these sites. For someone to build a site and use it to make a financial gain by writing legal papers for people who represent themselves against their HOA. Then push to dissolve HOA communities, doesn't make sense. Why would they encourage owners to file suit against the HOA then, argue HOA's should be made illegal and dissolved? Aren't you cutting your nose off to spite your face? Think about it for a minute. The only reason I can see for this is because it's an arguable topic and it will never happen. Nor will HOA boards ever be considered a government body. It's a great argument that these site owners would argue if they thought it had a chance in hell of winning.
Granted these sites are trying to help people but, not before they help themselves. I just want to see real solutions, real people who care more about the community then themselves, and who care about what the people in the community want. People who realize that part-time owners and those who own rental units in HOA's have totally different concerns than those who are full-time owners. People who can set aside personal feelings and are willing to listen and learn from anyone willing to help. People who realize that if someone with nothing to gain and no interest in the community is willing to help out and do the research. Just to make sure they are making the right decision for the right reasons are doing because they care. More importantly, people who aren't trying to make a name for themselves or leave their mark on this world.
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