“I Hate The HOA” – This one got your attention didn’t it!?
“I don’t want anything with an HOA.” As a realtor I’ve heard this sentiment countless times from prospective home buyers. Personally, I appreciate homeowners associations (HOAs) for their intended role. When managed effectively, they help maintain property values and uphold the overall quality of the community.
However, it’s undeniable that some individuals use their positions within HOAs for personal power trips and vendettas, tarnishing the reputation of these organizations as well as their own communities in many cases. Such experiences make it understandable why some buyers prefer to avoid communities governed by HOA’s.
When home shopping it’s worth noting that many older neighborhoods may lack active HOA’s but there’s more to know. In some cases, the HOA may have faded away decades ago or may not have ever existed at all. Yet, even in the absence of an active association, CC&Rs recorded long ago often remain in effect and MANY (if not most) older communities DO have CCR’s recorded with the county.
A common misconception is that without an HOA, CC&Rs are unenforceable. This isn’t true. Individual homeowners do have the legal right to enforce these covenants. If a property owner believes a neighbor is violating the CC&Rs, they can file a civil lawsuit to seek enforcement. While such actions might be rare, disputes can arise, especially if a homeowner is being affected negatively by the actions of his neighbor. I’ve seen it happen with CCR’s that were originally recorded all the way back in 1953!
To summarize, while the absence of an HOA might appeal to many, it’s crucial to understand that CC&Rs can still influence property use so do your homework!
Note: North Carolina’s Marketable Title Act: This act can impact the enforceability of restrictive covenants. It aims to extinguish title restrictions and defects that are more than 30 years old. However, exceptions exist, especially for covenants that restrict properties to residential use only. A recent North Carolina Supreme Court decision highlighted that while some old restrictive covenants may be voided, those limiting property to residential use can remain enforceable.
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“I Hate The HOA” – This one got your attention didn’t it!?
“I don’t want anything with an HOA.” As a realtor I’ve heard this sentiment countless times from prospective home buyers. Personally, I appreciate homeowners associations (HOAs) for their intended role. When managed effectively, they help maintain property values and uphold the overall quality of the community.
However, it’s undeniable that some individuals use their positions within HOAs for personal power trips and vendettas, tarnishing the reputation of these organizations as well as their own communities in many cases. Such experiences make it understandable why some buyers prefer to avoid communities governed by HOA’s.
When home shopping it’s worth noting that many older neighborhoods may lack active HOA’s but there’s more to know. In some cases, the HOA may have faded away decades ago or may not have ever existed at all. Yet, even in the absence of an active association, CC&Rs recorded long ago often remain in effect and MANY (if not most) older communities DO have CCR’s recorded with the county.
A common misconception is that without an HOA, CC&Rs are unenforceable. This isn’t true. Individual homeowners do have the legal right to enforce these covenants. If a property owner believes a neighbor is violating the CC&Rs, they can file a civil lawsuit to seek enforcement. While such actions might be rare, disputes can arise, especially if a homeowner is being affected negatively by the actions of his neighbor. I’ve seen it happen with CCR’s that were originally recorded all the way back in 1953!
To summarize, while the absence of an HOA might appeal to many, it’s crucial to understand that CC&Rs can still influence property use so do your homework!
Note: North Carolina’s Marketable Title Act: This act can impact the enforceability of restrictive covenants. It aims to extinguish title restrictions and defects that are more than 30 years old. However, exceptions exist, especially for covenants that restrict properties to residential use only. A recent North Carolina Supreme Court decision highlighted that while some old restrictive covenants may be voided, those limiting property to residential use can remain enforceable.
