Total posts : 45366
I am aware of several horror stories regarding HOAs but here’s one where the HOA is a positive. It is the HOA where I live. I knew of the CC&Rs when I bought the property and after living in neighborhoods where “anything goes” regarding property use I concluded that the CC&Rs is a positive for me.
I have been here for 23 years and have served as President, Vice President, and Secretary of our HOA so I know well how it functions. Our HOA includes 69 residences and this may be a factor for my experience since I once read that organizations above 100 members become difficult to manage.
Our HOA’s primary responsibility is to maintain common property which here is about 15 acres of dedicated green space. Essentially this is just to make sure it is landscaped and mowed. The Officers also interpret and enforce the CC&Rs and as Vice President I was ex officio Chair of the Design and Review Committee. The biggest part of this was to review house colors and landscaping changes and there was never a problem with these issues.
No, this is not Utopia but it is an example of the utility of HOAs if they are managed properly. Our leadership has always been reasonable and easy going and I know of only one contentious issue with a resident which had to do with a tree limb on common property damaging his roof and this was settled amicably without lawyers.
During the last year our property values have increased 5% as demonstrated by tax assessments and sale prices.
Agreed that HOAs are not for everyone but at least mine has been of benefit and I haven’t been deprived of any use of my property that I want. Perhaps this is because I studied the rules and found no problem with them before I bought the property.
Regarding the original post topic, all of the HOA Bylaws I have reviewed provide for changing the CC&Rs by majority vote of the residents. This is probably the only way to properly address an over restrictive covenant since the CC&Rs were accepted by the property owners when they bought the property.