Florida's HOAs and condo associations are making the housing crisis worse
130 points - today at 6:40 PM
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I (thankfully) live in a neighborhood without an HOA. Just one block away, there is an HOA. No reason to prefer that street (and home values aren't higher there).
This isn't an upper class neighborhood. It's mixed. Half of the residents are blue collar workers.
Over the years, I would think of reasons/annoyances where I'd say "Yes, while I'm glad I don't have an HOA, if we did have one it would take care of this or that annoying problem with the neighbor."
Then I spoke to friends who live in HOA neighborhoods and are on the HOA board. They told me clearly that "No, in practice, the HOA is not going to get involved in those (serious) matters. All they care about is the veneer (house appearance) and really petty rules." They also told me the purpose of the HOA was to justify its own existence. The owners get almost nothing for the funds they collect, other than a 3rd party company driving by and noting minor violations.
Another friend just had to spend $4000 to paint the front of his house. He's temporarily living in another state for a work assignment, and he and several others got notices that the HOA has decided to change the "look" of the neighborhood. Otherwise his house looked fine (not worn out paint or anything). I bet someone in the neighborhood has friends with a painting outfit.
I can stomach the idea of an HOA if they solved real problems (sanitation, etc), and not just appearances, but they don't. Even if it's in their bylaws, they don't enforce the serious stuff. Just the petty stuff.
Someone losing a home because they decided to have a window AC facing the street is plain immoral.
>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.
Condo rules are much stricter than HOAs
State of Florida also puts caps on fines - the max is $100/day or $1000 for a single violation. But thatâs after a period to cure and then due process meetings (made up of homeowners not board members) who may waive or not fine at all or defer.
A homeowner can also fix the problem and later have the same problem again but not be fined if they fix in time.
The foreclosures are for extreme cases and a lot of HOA attorney shops donât charge a retainer but will tack on fees that are paid back to the HOA attorney and association.
To get to that point takes a long time
After expressing their utmost sympathies and saying they'd help any way they could, mere weeks later they put a legal "estoppel" on the sale of the house due to some overgrown vines(?), which of course, were never mentioned by anyone.
If you want to live in an apartment, but - get the tax and investment advantages of owning then you need to do it via buying into a corporation of some sort. So they must exist.
If you are not paying on upkeep of your house they have to do something and that is going to be expensive, they have a right to get that money from whoever didn't pay not spread it out to the other owners.
While it isn't called foreclosure if you don't pay your property taxes your house will be foreclosed on. That an HOA can is just another entity.
There are a lot of people who live in Florida so I'd expect them to have a lot of HOAs. The only surprise is California doesn't beat Florida in this list, but that could well be a case of California has stupid laws and so you can't get the good parts of an HOA.
These is a lot to hate about HOAs. However the idea is sound and they can do good things. We need to stop the bad things that they do, but nothing that in the article points to anything bad.
Oh, but if you want to do anything, you still need to pay those permit and inspection fees! No, we wonât help you find a paver at a reasonable rate even though putting those contracts out to bid is what we do all day long.
What is really bullshit is that HOAs arenât granted a property tax abatement for absorbing many municipal functions.
Maybe HOA's are bad, maybe they're good, but the intellectual laziness required to shit this kind of garbage out onto the internet in place of genuine thought and analysis will fuckin kill us all.
The near universal proliferation of owner's associations and management groups and whatnot for developments larger than ~1ac (the EPA threshold, some states/towns have lower) is something you can lay at the feet of the Clean Water Act and it's implementation and precedents over the following decades.
Developers don't do anything that costs money, like set up an HOA, without a reason. The developers create the HOA because you need your >1ac residential development to pass stormwater permitting. While you theoretically could make each individual .25ac parcel you're putting a house on compliant as a standalone it's infinitely cheaper to just ignore all that, grade everything toward the road, dig a ditch, send the contents of the ditch through your stormwater treatment features, build in a little margin to those items, show the permitting authority the numbers that prove it passes with flying colors and when some jerk says "but what if X Y Z changes" you point to the excess you built in and tell them to GFY.
Now, where it really gets evil is when you start really pinching pennies or where the rules change over the course of the process making your numbers not work. Say you've got a lot of grade, a lot of rainfall, a lot of stormwater you gotta "treat". Well, you start adding rules to the HOA. Require certain parts of the lots remains grass or planter or whatever. Disallow patios, but do allow wood decks because the municipality considers those pervious, etc, etc. Or maybe the results you've got are marginal but you throw the bureaucrats a bone by saying you'll disallow car-ports and sheds in the HOA rules to prevent people from adding impervious surface. Or maybe you're uphill of some wetlands but not close enough to be regulated by default you promise to disallow working on cars and require people pick up their pet waste and not use lawn fertilizer or some other laundry list of certain things in order to make the local town's wetlands people comfortable not raising objection and claiming jurisdiction.
And of course, however these rules and plans shake out, the HOA is responsible for enforcing whatever those rules and requirements are in perpetuity so it's not like a pissed off majority can show up to vote "ok, this has gone too far, pack it in boys"
But nobody wants to talk about any of that because it's uncomfortable.
> They foreclose on their own members, over debts that start small
There are members who refuse to pay special assessments or fees for the community. Given that's Flordia, theres an above average population that would believe "they aren't required to" even though they accepted it when starting. (yes there are abusive HOAs and there are non-sense fines.. and sometimes those nonsense fines come from people neglecting the property in a very bad situation)
It's your job to handle it when it's a small situation. Moving to the stage of liens takes more time to do that and then resolving that usually happens on sale or refinancing.