Solving the HOA Crisis (and abuse)

The HOAs only duties are to own and maintain the common areas. That's the only reason they exist. This nonsense of paint colors, 12" American flags etc is fluff. Your HOA board is not required to sue if your neighbor paints his home purple w/big white polka dots. You are required to sue the neighbor. The HOA boards decide if they want to sue and generally they won't. That's why particularly board members get away with painting their home any color they want.

Why do boards continue to add sections to CC&Rs and Rules & Regulations that are written subjectively and in most cases unenforceable? Why not start stripping back to the orginal intent as stated in my opening line?The paranoids, who generally make up the board are terrified that the 12" American flag in the 5" pot will reduce property values. To that I say show me the proof. Most HO's today have yard maintenance. To send out ridiculous letters creating anxiety for HO's by threatening a lawsuit over 6 weeds is not prudent. Less so when personal landscapers come on set schedules.

Bully boards should recognize that they are stripping Members of property rights and start turning those rights back to the Members. I am betting neighborhoods will look no different than they do today (with some small exceptions). People know to protect an important RE investment. Keep the CC&Rs basic and boards and members will have fewer problems and better relationships.

The very thing that HOAs were set up to maintain, common areas, are often ignored. Generally the entry areas and the community centers are well maintained, but boards ignore expansive common areas that fill with buffelgrass etc. An HOA is liable for the common area they ignore. If you have a common area behind your home, call out the Fire Dept or Rural Metro and make sure your property is defensible in the event of a fire. Boards ignore these areas because you let them.

The City of Gilbert, Az has solutions. Its answer is Parkway Improvement Districts. From its website is this:

Eleven Gilbert neighborhoods are organized into separate Parkway Improvement Districts (PKIDs) to maintain their own open spaces such as parks, retention areas entryways and street rights-of way. While Gilbert owns the open space properties, State law requires the Town to levy taxes on all homes in the PKIDs to fund annual expenses to maintain and improve these areas.
Partnerships between Parkway Improvement District (PKID) neighborhoods and Gilbert have resulted in changes to landscaping, playground enhancements and improvements requested by residents.
For more information on the PKID Process go to our PKID Process webpage.

Perhaps the county and builders in Tucson could consider this as a viable solution for new housing.

It's unfortunate that board members egos get in the way and they won't listen to solutions. We all lose respect for boards when they take these positions.

If you have suffered HOA abuse, contact HOATruth.com. Dennis Legere is the principal advocate. Or you can reach me at EarsUp@iCloud.com. Full disclosure, neither are attorneys. We do this bc we don't like bullies. FREE.