I've never purchased a home in an HOA without having to read and sign the HOA restrictions as part of the sale paperwork. Your attorney should be able to advise you from here.

Restricting what is done on each involved property is what HOA developments are all about. It's supposed to be an assurance that it will remain a "good" neighborhood but of course what often happens is the rules turn out to be stifling.

Just some more reasons i avoid HOA homes. On the other hand, i love the OLD HOAs with few restrictions as in my neighborhood ....where its single story ONLY. The flip side is no planting restrictions as some idiots planted trees which have grown 150 ft+ and now the current owners are too chicken poops to remove them. I do hate neighbors who plant trees that will eventually block my view, block my garden sun, and hang over into my property.

I echo above posts, there should have been cc&r documents presented to you prior to purchase.

Having said that, if the dwarf Norways are truly maxed out at 8ft, and you were not presented all proper documents before closing, then i think you have a decent arguement. I would push it legally HARD.. and push to disband the HOA. At the very least recover your legal fees, fines, and most definitely establish exclusion from the HOA.

Good luck. Please update as possible

“a non-English speaking H1B visa worker of the company installing the trees”

Why would a laborer for a landscape contractor have a H1B visa?

Many years ago, HOA were tolerable & were helpful in keeping neighborhoods nice. Unfortunately, a lot of them got over taken by controlling jerks. Lots of nightmare stories with HOAs online. My parents bought land & were going to build their retirement home in an HOA. They were horrible people managing the HOA. We were given a hard time with just having land. Thankfully we found out the HOA were unreasonable before we built. We sold the land because of it. We were so glad to be free of that area & the rude people. We will never buy with HOA restrictions again. Sorry you are dealing with an HOA.

Here's a link to funny HOA fight backs. Maybe a laugh might brighten the day. https://www.google.com/search?q=funny+hoa+fight&client=tablet-android-samsung-nf-rev1&prmd=vin&source=lnms&tbm=isch&sa=X&ved=2ahUKEwiR18Lhy7PlAhVsS98KHecBBhMQ_AUoAnoECA4QAg&biw=1138&bih=712&dpr=2.25

My sisters really pushed for me to buy a home in one of their neighborhoods, but I wanted nothing to do with an HOA. Sold real estate and worked for a real estate attorney. . . have heard too many horror stories to ever consider living in an HOA development.

Also have lived in an HOA in Florida, with restrictions that I'm thankful for. Sounds

like you signed on the dotted line and didn't look into these rules and regulations.

Sounds like it's a new community if Builder/Developer are the majority on the Board.

This will change once more homes are sold and will eventually be turned over to

the residents of the community.

Get a copy of these documents and learn to live by them.

Never trust realtors or home owners - read the documentation!

About 2 miles from my last home there was an older golf course community. The people who bought these homes bought with the understanding that the golf course was permanent. Although the golf course and clubhouse were in the community, it was not owned by the community - the property was separate from the housing.

After 40 years the golf course went bankrupt. A developer bought the property and planned to build homes on the land. The lawsuit between the developer and homeowners went on for years, but the bottom line was that the golf course sat on land that was zoned residential and given a permanent conditional use permit. He had every right to build on the property he bought.

Home owners felt they were cheated. In the 6 years they fought the developer fenced off the golf course, closed it down and let it turn to blight. Now instead of looking out over a lush golf course they look out over a bunch of new homes. They did not win a dime toward loss of value and there was nothing in the CC&Rs that guaranteed the golf course was guaranteed to stay open or be maintained. Many of the homes were on really shallow lots, as the golf course was the back yard.

Never lived in a HOA and never will. Buying a home on a postage stamp size lot and then paying strangers with nazi aditudes to tell you what you can't do with your own property whenever they feel like it , no way. The Internet is filled with horror stories about living in HOA communities.

Sell if you can and get the heck out of there. Yes, you might take a loss, but saving on lawyer fees and aggravation.

If the HOA owned the golf course, it may not have gone under as residents would be

paying all associated costs.

Just for your future reference, anything done to the outside of "your" property, i.e. landscaping,

patio, bird cages and in some cases painting the home, has to be approved by the HOA.

So, good idea to get approval before doing anything (excluding interior). They will approve or not approve in writing.

Just because there are certain trees on common areas, doesn't mean they are ok for

individual property.

Eventually, when the community is turned over to residents, these rules and regulations can be adjusted/changed but they will have to have a certain number of residents agree to changes before they can be made.

FYI "common areas" are the roads, sidewalks, greenspaces in the community.

What did your lawyer have to say about this matter. Did you use one that was

familiar with HOA communities?

Did you do any investigating into HOA before purchasing? Lots of information

is out there with pluses and minuses of such developments.

I agree, you probably was signing HOA documents when buying house. But it doesn't make it easier to deal with them. Good part of HOA that your neighborhood looks good, dryway clean, houses and landscaping maintained. The bad part when you do any changes it has to go through them. We had some help from HOA when building bulkhead and had horrible contractor who was planning to use different wood than we agreed on, HOA engineer told them it is not standard here. But when we installed fance, by the standard 3' away from property line, they required it to be moved another 4' and bushes had to be installed in the area so neighbor don't see fance. 3' was more than enough for bushes as in other areas neighbor plant them right on property line... Would I move to area without HOA, maybe at some point, do I like to live in safe gated community with beautiful homes, for sure. My advice would be, approve any changes prior doing them, will save you time and money.

Assume in any HOA, that you need permission for ANYTHING outside the walls of the home, and visible to others from any direction. . I mean ANYTHING. Period. If you can't live with that, don't buy an HOA home. Your control is inside the walls and ends there.

https://www.landisfarmhoa.com/file/document/2987648074/DEyJGMtRILJJOqH6.pdf

Did you receive the above at closing? See article VI. They likely indicated which rule they deemed you violated. Which one did they state you were not in compliance with?

CDR Interesting that the document is out on the net for all to see, but apparently

purchaser didn't get a copy. Wouldn't it have been up to the lawyer to get all

this documentation lined up?

I do not know if homeowner received the HOA documents or not. It seems the obvious question. When we have lived in HOA's , we signed that we received a copy of the HOA. It is cut and dry. The HOA attorney either has the document that the OP signed for receipt of HOA documents or he/she does not have that document.

I would never buy a home with a HOA attached IMO its my house and I want to do whatever I like to my own property . But my assumtion is it would have to be spelled out before you purchase so not sure what the OP did or did not do in that regard.

Different strokes for different folks as most people don't find it difficult to live within the restrictions of an HOA and actually find it helpful because it protects them from "rogue" neighbors of one kind or another. Obviously if one's mantra is live free or die, it's not your jam.

It's difficult to understand what is going on with the OP. At closing one signs paperwork indicating one has received all Governing Documents and the CCR's and any Rules would be included. Also an easement is a huge issue and should have been picked up in the title search as it needs to be recorded on the Deed.

I don't understand why anyone could be blindsided although it's possible that purchasers don't understand the ramifications of what they are agreeing to - but it's really very simple as ANYTHING in the common area which includes back and front yards typically must be approved. In my personal experience, no one cares if you plant geraniums versus tulips typically but trees would be a completely different issue as trees have the potential of impacting other units - issues of loss of views; roots; leaves etc. might all enter into why an HOA might limit trees.

As for the golf course post, while one can be sympathetic to people have to loss a more idyllic view, I don't understand how they could have thought they had any "rights" to the golf course property. If the HOA owned the golf course, the HOA would have paid for its upkeep and typically homeowners would have the ability to use the golf course with VERY inexpensive greens fees - that's how it worked in my parents' retirement home. Their place even had a stable which offered horse rentals and boarding at reduced rates. To get rid of that amenity would have meant a vote by a high percentage of homeowners.

The HOA question rages here every couple months or so. Some people hate them. Some people love them. The nice thing is that this is America, so no one will ever force you buy property in an HOA.

I think Jan's advice above is spot-on.

It all seems to come down to how much one value's what the outside of your neighbors' houses will look like. What I mean by that is, so many people who are happy in HOAs are happy for reasons like what Joseph Corlett said above.

I deliberately bought in an HOA after living next to some unbelievably crappy neighbors who took no interest in maintaining their property. I went into the HOA with my eyes open and realize that means you're giving up some (maybe a lot?) of control over what you can do with the exterior of your home, in exchange for not ever again having to live next to a rat infestation underneath your neighbor's crappy, unmaintained garden sheds. (Yes, sheds - plural. Unpainted, texture 1-111 sides, sagging roofs, lawnmowers in various states of decay laying around - it was beautiful....)

HOAs are run by people. Some people are awesome. Some people are control freaks. Some of them you may love, others you may not. Buying into an HOA means you will almost certainly have to work with a board or committee on any exterior changes to your home. If that thought horrifies you, and/or you can't stand working with people, then an HOA is not for you.

There's a great line in the movie "When Harry Met Sally" ..........and yes, everyone THINKS they have good taste. Inside and OUT. The HOA just heads off all the arguments as to what is offensive or NOT.

https://www.youtube.com/watch?v=8kr47-56o_g

That is why there is this............

and THIS

If you favor the latter you CAN DEFINITELY forget HOA. : ) Where even a USA flag is often unappreciated

You can forget either, actually : )

You crack me up Jan.

Actually, even the latter would be allowed in my HOA over the holidays. The rules don't even cover holiday lights. And I think flags are explicitly allowed. No garden sheds with T-111 siding though. ;)

Our HOA holds a Christmas lights decorating competition every year...it gets pretty fancy...depending on taste levels. All efforts are appreciated. I do wish they would outlaw those blow up monsters that usually lay dead during the day ...won't happen

We own a home without an HOA and prefer it that way. However, we've owned rental properties for years that all have an HOA. As landlords, we prefer it that way since things are kept nicely in check.

HOA vs Relying solely on the City:

(Houston, TX - neighborhoods 1 mile apart)

[Posting pics in separate comments because HOUZZ is messing up still]

cd This has to do with zoning not HOAs. One area is zoned residential and the other is zoned commercial. I don't know what trailer parks are zoned. We only have one in our township. It is hidden from the road and grandfathered. One it dissolves they can't put another one in. There is a HOA going in down the road, the HOA property is zoned residential, but the property next door to it is industrial and has an commercial building on it.

The house with the open-barn junk collection is zoned residential not commercial. They're allowed to do whatever city code allows and if the city's attention isn't brought to any violations, nothing changes. (Even when the city gets involved it's a long drawn out process that gets nowhere.) It's surrounded by other residential houses.

The trailer lot is right in the middle of houses. The lot was zoned residential and changed to allow trailer homes.

The HOA house is on land bought by a developer who divided it into plats zoned as residential and stated in the declarants no dumpsters, trailers, barns, yard storage, etc.

@cd - Is there a correlation between property values and nicely kept HOA developments?

Aren't many HOA's responsible for maintenance of stuff that might otherwise be done by the municipality? I think sometimes they maintain roads and do stuff like snow removal. They would also be responsible for tree trimming and other stuff like that.

@Helen Yes there is, and in most areas of Houston HOA communities are a hot commodity. Master Planned HOA communities even higher (community pools, waterparks, fitness studio, clubhouse, monthly events, much higher dues).

Not necessarily. The HOA we are going to move into maintains the two entrance signs and gardens, the three stocked lakes and grass around, and the walking paths (all funded by our yearly dues). HOA's only have to maintain roads if it's a gated community. The gate turns the road into a private road in Texas. Tree trimming is only done if it's a tree around the lake or paths. Trees around powerlines are trimmed by the utility company.

In my experience when you purchase in an HOA neighborhood you are given and sign off on the bylaws. If the planting restrictions aren’t in the bylaws then they don’t seem to have legal standing. Did you read all that boring stuff?

Effective Strategies for dealing with "out of control" HOAs

https://www.hoamemberservices.com/control-hoa-board/

Could we please hear from the poster as to our questions?

Although I have never lived in one (and wouldn't want to), I have dealt with any number of HOA's in my capacity as a landscape designer. I have never encountered any issues with them signing off on my designs. Once they have the plan and plant list in hand, they can easily verify that nothing will exceed any height regulations or expand rampantly. I even had one with a 'must have lawn in the front garden' reg (ridiculous when the entry garden area is not much more than 150 square feet!) that agreed to its removal and replanting. I'd try it. Often when presented with a professional design plan, they cave :-)

It is true that many HOA's have boards that consist of petty despots who like to throw their weight around to feel important and that some of the regs are arbitrary at best. My ex moved into one like that after we divorced and after butting heads a few times, got himself elected to the board and made the landscaping regulation changes he wanted and thought others would appreciate as well.

As much as I hate mine, it keeps my neighbors from parking boats, and RVs filled with relatives on their lawns. Unless it's a bad group, they almost always want to say yes to landscaping. Also, the developer's goals are different than the owner's goals for a community.

I think the OP just wanted to rant. I have a love-hate with my HOA. On one hand, they have thrown my landscaping plan into havoc (did you know that water flows up hill in my neighborhood?). On the other hand, they stopped my husband from parking his beat up camaro in the middle of our front yard.

I preferred living in a historic neighborhood. There were lots of restrictions intended to keep houses looking nice, but enforcement was in the hands of the city, which, while effective at enforcing regulations, had better things to do than inflame neighborhood drama. My retiree-dominated HOA board, on the other hand, thrives on drama but has a high failure rate for enforcing the CC&Rs (see, e.g., the 1980s RV in my next door neighbor's backyard with all the windows broken out).

@jslazart Plus side... at least the RV is in the back? This is a non-HOA neighborhood in my tiny town we used to live in. They have had the inoperable expired tag motorhome parked in their driveway for over 15 years. It belonged to their parents, sentimental.

IT IS GROWING BARNACLES and MOLD and is infested with rodents! This is a street view from 6 years ago. It is exponentially worse now.

The city has been involved numerous times from neighbors complaining, but it's still there.

It would be very interesting to know how a land parked vehicle might be able to generate barnacles :-) That might be something local news agencies would be interested in, as that would certainly be a first!!

I'm surprised that hasn't resulted in hefty fines. Or maybe it has, but the city isn't willing to take the next step and tow it because, well, ewww!

I don't really care whether my neighbor's is in the front or the back. I more care about my suspicion that it is the source of all these mosquitoes.

They won't let me park my darling and almost pristine 1973 bright blue mini in my driveway, but the moldy mosquito magnet gets to stay? Oh well.

LOL @gardengal48 (PNW Z8/9)! The mold has created some interesting formations to say the least. They resemble barnacles. In some areas it's like stalagmite mold, too. And it smells VERY bad.

Mosquitoes breed in standing water, the one vehicle will have to have lingering puddles on it for it to be generating new mosquitoes.

Never makes sense to me Joseph Corlett, LLC doesn't like looking at an old Chevy, but what if that guy needs the old Chevy and doesn't find it unattractive. Is his right to not look at an old Chevy down the road, more important than the guy's right to drive an old Chevy? What if he can't afford a better vehicle? What if he thinks it is attractive, not everyone will agree. HOAs were started mainly to keep certain people out a neighborhood, we all know that's wrong... so why do we do this. Who wants the threat of fines and liens breathing down their neck all the time, because HOAs are arbitrary in rule enforcement.