Covenant clause turned a nice house into a nogo.

fishgutzy

fishgutzy

Senior Member
Joined
Dec 19, 2016
Messages
8,596
Location
Behind Enemy Lines.
Rating - 100%
6   0   0
Saw a nice house in Durham. Was set top go see it.
The realtor sent us the covenant.
This clause has to be illegal.
Requires a 2/3 vote by current owners if prospective buyer is going to use VA loan.

Anyway. Not going to bother.
1c494faf7bbba7a47aa5e07b8c56cf36.jpg


Sent from my SM-G970U using Tapatalk
 
You don’t want me here because of how I identify!!!!!

Seems to work.

Sounds a lot like another Jim Crow holdover.

Edit: based on later responses I misinterpreted what this said.
 
Last edited:
Maybe my legalese isn't up to snuff, but aside from the general disdain for HOA's, what's the problem with this specific language?
 
HOA'S need to be made illegal they have gotten out of hand.

If someone had the money to fight it this smells like discrimination toward vets to me.
 
We sold our house and were looking for land. A friend found 8 acres for sale across the street from him. The seller had bought 14 acres and subdivided it into one 6 (for himself) and two 4’s. I agreed to buy both 4 acre lots.

My real estate attorney reviewed the deal and the relevant CC&Rs and found some impossibly unreasonable restrictions such as no more than one dog allowed per tract. He suggested we walk.

I wanted the land so I read and reread the restrictions ad nauseum. Eventually, I realized there was another clause that my attorney either hadn’t read or hadn’t bothered to understand. The restrictions could be modified or eliminated ONLY upon a vote of the owners of the majority of the tracts. When I pointed this out to my attorney, he responded, “Yeah, I guess that makes it ok”. I suppose the seller and his attorney never contemplated one person would buy both lots.

So much for attorneys. :confused:
 
Last edited:
Chihuahua Floyd said:
Bad as an HOA is, and I will never live under one, try Historic Districts. Brother looked at a historic home, rules are two inches thick, mostly what you can't do.
CF
Click to expand...
I am in a Historic District in Gastonia. Bastards sucked us in against our wishes
 
Tim said:
Maybe my legalese isn't up to snuff, but aside from the general disdain for HOA's, what's the problem with this specific language?
Click to expand...
I agree. What bothers you about this clause? It certainly doesn’t say the majority must approve of your mortgage.
 
  • Like
Reactions: Me.
When I buy a house, if someone or some entity wants to tell me what I can or cannot do to my house and/or property, they had better be chipping in a big chunk of the house payment.
 
phideux said:
When I buy a house, if someone or some entity wants to tell me what I can or cannot do to my house and/or property, they had better be chipping in a big chunk of the house payment.
Click to expand...
City, and county municipality zoning and permitting requirements, as well as local, state and national building codes. It’s pretty hard to escape them.

The HOA is but one more layer of regulation. It sucks, but there’s plenty of other regulations. Even all of Chatham county was recently zoned.
 
Last edited:
Me. said:
I’m no lawyer, but that is not at all what that clause says to me.

It says, if any of the homeowners at all in the development have a HUD or VA insured loan, the HOA can’t be dissolved, the HOA can’t expand, and the development can’t be annexed by a town or city without the vote.

It’s ADDITIONAL protections for VA borrowers.
Click to expand...
Upon rereading a few times, I think you’re correct. It places additional constraints on the HOA. One will need an atty to close the sale anyway (buyers choice of atty), this might be a good quick one to run by said atty.
 
noway2 said:
Upon rereading a few times, I think you’re correct. It places additional constraints on the HOA. One will need an atty to close the sale anyway (buyers choice of atty), this might be a good quick one to run by said atty.
Click to expand...
And since the buyer typically pays for said attorney, and the covenants are typically recorded at the county courthouse and are a part of the closing docs, that sounds like a good idea.
 
fieldgrade said:
City, and county municipality zoning and permitting requirements, as well as local, state and national building codes. It’s pretty hard to escape them.

The HOA is but one more layer of regulation. It sucks, but there’s plenty of other regulations. Even all of Chatham county was recently zoned.
Click to expand...
But a bureaucrat can't tell me I can't build a fence because they don't like the color. [emoji1787][emoji1787][emoji1787][emoji1787]


This HOA has a pool and club house that we would never use. The covenant is actually smart in this area. Only those who use those facilities are assessed for the repair of those facilities.
Still, we'll pass on that.


Sent from my SM-G970U using Tapatalk
 
The only way to buy a house without neighborhood covenants anywhere close to a decent sized municipality (which I realize is not what everyone wants) is to not buy in a neighborhood, or buy something old.

My last houses, in order, were built in 1928, 1965, 1971 respectively. No HOAs, or they had expired covenants.

That said, my new house has an HOA, but out of all them it is the best house, with the best neighbors I’ve lived in or around in 30 years. I’ve submitted five requests to make changes since we got here 9 months ago, all approved within 24-48 hours, so I take the bad with the good. And it’s all mostly good. I spent more time talking to the town about codes for my projects than the HOA.
 
Last edited:
Nope for me... if a "governing body" of "neighbors" are going to tell me what to do with my land. I'm out, "knocks dust off hands in clapping motion"...

I'm in the hunt right now for my first house at 35. There is enough bs from the town and the county, that a HOA is a nonstarter.....

Yes, I get why HOA's exist. Nice idea...

But I've experienced how people in the neighborhood come in after the fact of that neighborhoods beginning, then want to set/change up said HOA on their "obvious" ideas/ideals....

They try to change everything that is and was that neighborhood..... for um, the better? (To suit their ideals, most likely) while disregarding those who have lived there for decades...

My family has a bunch of rentals. One lady coerced them into the "rental version" of an hoa..... they eventually had to pay lawyers to make her follow her legally bound renters contract..... she turned into a politician... She was doing what she "thought was best" for "her" neighborhood, while claiming she didnt have to abide by her contract.

Hell I dont even talk to my family but I know that was garbage:rolleyes:

My ex father in law initially touted the virtues of his "golf course hoa" in Charlotte.

He was well off. Put mucho, money, time, effort and "pull" into the committee/neighborhood.

Even gave me a touch of a hard time about my old ass little pickup truck when we lived in his house for a couple months. Because it "cheapened" the place.... (The hoa there was on his ass as it turns out)

I'm not a panderer (I stuck at lying) so he was annoyed with me as I called bs to his neighbors who I met, that I needed to get a ride from the shop home so my shatty looking relia-mobile Ford Ranger wasn't parked in the driveway of his $750k house:D

Yet right around that time. He switched to using a work truck to drive home in..
It obviously had a business placard, (for his business) on his truck. The magnetic placard with name, location and phone number... Driver and passenger door. When it was in front of the garage, there was NO chance of seeing it from the street unless you were on propertyo_O also it was a brand new, not abused Chevy 2500.

Yet when the HOA met monthly, guess who got an ill will letter. Of the cease and desist nature of driving his company truck home with company info on the doors:D

Again, unless you saw it pull in or came on property. It wasn't visible, even outside the garage...


They gave him such hell, he came around to how I felt about it. Then started parking it out front as a big middle finger lol:cool:
 
Trevillian said:
But I've experienced how people in the neighborhood come in after the fact of that neighborhoods beginning, then want to set/change up said HOA on their "obvious" ideas/ideals....
Click to expand...

The neighborhood has to vote for it. I lived in an old neighborhood that tried to get everyone on board with an HOA. Three times over three years. Never happened.
 
First time I read it, I thought it required HOA approval to get a VA mortgage. But after re-reading, I saw that it only requires HOA approval for fundamental changes to the HOA itself, e.g., dissolution of the HOA, buying or selling new property. It is not saying that you have to get HOA approval for a government loan.

Since the Feds are ensuring the loan, and the homeowner's property comes with an interest in the common property, then the Feds are protecting their interest by making the HOA require a vote to fundamentally change the common property. This seems reasonable and is likely boiler plate on many covenants.
 
My first house, I said I didn't want a HOA, nobody is going to tell me I can't hang a clothes line or put up a fence. Then I got the neighbor from hell who kept abandoned cars and appliances in the front yard and only mowed a few times a year. From then on, I said I'd either have so much land I won't be able to see any other house, or I will have an HOA.
 
MostWanted said:
First time I read it, I thought it required HOA approval to get a VA mortgage. But after re-reading, I saw that it only requires HOA approval for fundamental changes to the HOA itself, e.g., dissolution of the HOA, buying or selling new property. It is not saying that you have to get HOA approval for a government loan.

Since the Feds are ensuring the loan, and the homeowner's property comes with an interest in the common property, then the Feds are protecting their interest by making the HOA require a vote to fundamentally change the common property. This seems reasonable and is likely boiler plate on many covenants.
Click to expand...

Yeah, this is a non-event. If the OP was interested the real question is if the clause is currently in effect, it probably is and it probably always will be. Moreover, this is probably part of the law anyway and having it in the HOA doc is just for clarity.

Sure there are lots of issues with HOAs, but this ain’t one.
 
  • Like
Reactions: Tim
HOA's are an absolutely horrendous idea in my little area of the world. Not just me, everyone.
There's one guy about a mile away, he's got one car been sitting there so long that a tree grew up in the front and pushed in the bumper.
That car was there when I moved in here over 15 years ago. I knew where I was moving to.
Most everyone's place is presentable enough sure. But it's the country and it looks like it. I find it charming as hell.
 
I'm the HOA on my acreage. Mine requires judicious marksmanship and courteous range edicate [emoji23]

I recommend not living that close to other people that you can watch what they're watching on their TV without a pair of 10x binos
 
Last edited:
MostWanted said:
From then on, I said I'd either have so much land I won't be able to see any other house, or I will have an HOA.
Click to expand...
I chose the first option. ;)

Ikarus1 said:
I recommend not living that close to other people that you can watch what they're watching on their TV without a pair of 10x binos
Click to expand...
You spy on your neighbors through 10x binos?? I use a spotting scope with a ranging reticle. ;)
 
fishgutzy said:
When we find our LZ, I'll post up.
FV looks nice. Rural enough but <20 miles to Costco.
Click to expand...
I keep telling you, look at western Chatham or even eastern Randolph. Convenient to both the Triad and Triangle, quiet and rural, far enough away from the Libruls (for now) and affordable. Earlier this year we got a well built (1971) home on an acre of property away from the main road for $185k. Costco is a little bit of a drive down 64, but it’s not a bad drive. Oh, and no freaking HOA. I made that clear to our realtor up front.

I won’t buy in an HOA because I’ve done that calculus. The last time this subject came up here, an HOA tyrant started trying to say he’d take my house because laaawww if I didn’t obey his edicts. He finally got the message when I repeatedly said, “no, you wouldn’t.”. Not going there. No HOA.
 
Last edited:
noway2 said:
I keep telling you, look at western Chatham or even eastern Randolph. Convenient to both the Triad and Triangle, quiet and rural, far enough away from the Libruls (for now) and affordable. Earlier this year we got a well built (1971) home on an acre of property away from the main road for $185k. Costco is a little bit of a drive down 64, but it’s not a bad drive. Oh, and no freaking HOA. I made that clear to our realtor up front.

I won’t buy in an HOA because I’ve done that calculus. The last time this subject came up here, an HOA tyrant started trying to say he’d take my house because laaawww if I didn’t obey his edicts. He finally got the message when I repeatedly said, “no, you wouldn’t.”. Not going there. No HOA.
Click to expand...
Is that rat of the Graham area?
Not familiar with the counties yet.

Sent from my SM-G970U using Tapatalk
 
fishgutzy said:
Saw a nice house in Durham. Was set top go see it.
The realtor sent us the covenant.
This clause has to be illegal.
Requires a 2/3 vote by current owners if prospective buyer is going to use VA loan.

Anyway. Not going to bother.
1c494faf7bbba7a47aa5e07b8c56cf36.jpg


Sent from my SM-G970U using Tapatalk
Click to expand...
That's because you might have - gasp - guns! :eek:

Best thing I ever did was move out to Bahama. It might be Durham county but it's the normal people not the screaming liberals that want the government to fix everything but not do anything not PC, e.g get a new police chief who first thing disbands the gang unit and now they are all crying about the gangbangers shooting each other
 
HOA can be fine, until a bunch of crazies take over, then it goes to shit.

I have been in my house 11 years, HOA is doing something wrong. I asked to see the books as required by the by laws, they refused. So, I have not paid dues in 10 years, had my attorney send them a letter, no open books no dues from me. They have left me alone. I have found out there are bunch of owners like me, that stopped paying until they can look at the books.
 
My wife and I have also decided that there is no way we'd entertain a home in an HOA that has a pool.
While some say only those that use it will be assessed for repairs, we'r know that people lie and cheat to get around those rules.
Human nature iis what it is. People with power will eventually abuse that power.

Sent from my SM-G970U using Tapatalk
 
Geezer said:
It is now official, @CZfool68 has adapted to the ways of the South. He's poking fun at the Yankees. :D
Click to expand...

It’s less of a Yankee thing and more of a Costco influencing a home purchase decision. Especially with a huge household of exactly 2 people I believe. A 10 lb bottle of catsup may not really be needed there.
 
You must log in or register to reply here.
Back
Top Bottom