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Randomstickynote



Registered: 07/25/09
Posts: 824
Loc: TX
Last seen: 3 years, 6 months
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Legality of building regulations
#12424735 - 04/20/10 02:43 AM (14 years, 1 month ago) |
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Sorry if this isn't really in the right section, I figured at least someone here would be able to point me in the right direction. I'm basically wondering what authority homeowners associations really have over what you can build on your land, that you own, in a given neighborhood.
My wife and I are looking to buy a small amount of land to build a small rammed earth home on. However we're not looking to spend too much right now, and have found some very cheap, very small properties, but they're almost always with some sort of neigborhood and some sort of homeowners associations, which usually requires the home to be at least 1000 sq ft, or made of certain materials, painted certain colors, etc.
It just doesn't make sense to me that if you own the land, how they can tell you that the home must be built with said materials or painted a certain color. If you can get the building permit, to build a safe and functional home, how can some homeowners association of random people decide that you can't build it?
In searching around I found this PDF, which has some confusing wording. http://recenter.tamu.edu/pdf/1434.pdf Specifically around page three it sounds like to me that it basically says that a homeowners association can foreclose on your home for violating restrictios. How is this at all legal?
I read in the "bylaws" of some neighborhood we found land in:
Quote:
The Board and the Board’s committees which have been delegated some of the Board’s managing authority can levy fines on Members who fail to comply with the Declarations of Covenants, Conditions, and Restrictions, as amended if applicable, in the Subject Area. The amount of any such fine will be set by Board action and can be changed from time to time by Board action without the vote of the Membership.
Basically stating that they can fine you, and they can decide what the fine is...
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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If you own the land free and clear you can build whatever you can get a permit for. You have to join the association to be part of it and you have to be part of it before their rules apply to you.
Your problem would probably be that the nosy association will know when you file a permit and they will lobby the county to deny it if you're not part of the association. They may even tell you right off the bat after you buy the property that in order to get a building permit you have to join.
-FF
-------------------- It drinks the alcohol and abstains from the weed or else it gets the hose again. -Chemy The difference between the substances doesn't matter. This is a war on consciousness, on our right to the very essence of what we are. With no control over that, we have no need to speak of freedom or a free society. -fireseed "If we are going to have a war on marijuana, the least we can do is pull the sick and the dying off the battlefield." -Neal Levine (MPP) I find the whole "my drug should be legal but yours should be illegal" mindset disgusting and hypocritical. It's what George Bush and company do when they drink a cocktail and debate the best way to imprison marijuana users. -Diploid
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luvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 34,247
Loc: Lost In Space
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Buy property that isn't part of a homeowners association.
You'll be glad you did.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
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Stonehenge
Alt Center

Registered: 06/20/04
Posts: 14,850
Loc: S.E.
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Re: Legality of building regulations [Re: luvdemshrooms]
#12431578 - 04/21/10 11:52 AM (14 years, 1 month ago) |
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Luv is correct. If there is a covenant or other restriction on the property then you must abide by the restrictions. You know about it when you buy the property so it is legal. Those deed restrictions run with the property so the next owner will have to abide also. You can be sued if you break the rules. The only way to get out of it is if a majority of the owners make a petition to remove the rule or rules.
-------------------- “A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835) Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755
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Alan Rockefeller
Mycologist


Registered: 03/10/07
Posts: 48,392
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Re: Legality of building regulations [Re: Stonehenge]
#12432810 - 04/21/10 03:30 PM (14 years, 1 month ago) |
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I think its crazy that these things are legal, but I have heard that they have been upheld and are nearly impossible to fight.
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Your title is either free and clear or it's bound up with liens or stipulations. If it's not free and clear it's worth a lot less and you should get that clear in the first minute of negotiations. One of the reasons that a property might be so cheap is if it's bound up. If the property is bound up with easements, etc. you probably don't want to deal with it.
-FF
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Randomstickynote



Registered: 07/25/09
Posts: 824
Loc: TX
Last seen: 3 years, 6 months
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Re: Legality of building regulations [Re: fastfred]
#12434605 - 04/21/10 09:26 PM (14 years, 1 month ago) |
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Quote:
fastfred said: Your title is either free and clear or it's bound up with liens or stipulations. If it's not free and clear it's worth a lot less and you should get that clear in the first minute of negotiations. One of the reasons that a property might be so cheap is if it's bound up. If the property is bound up with easements, etc. you probably don't want to deal with it.
-FF
That clears some things up. Will also definitely steer clear of HOA related land, too bad though. Thanks guys!
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