Latest / Chuck Douglas / HOA story from Arizona
Transcript
- 0:00Speaker 1: Greeting salutations. Welcome my friends to another edition of The
- 0:04Speaker 1: Power Hour on six ten double UTV, and I'm Chuck Douglas.
- 0:07Speaker 1: You know who you are, and we take it from there.
- 0:09Speaker 1: My number eight two one nine eight eight six A
- 0:11Speaker 1: two one WTV in or eight hundred and six y
- 0:14Speaker 1: ten WTV And Zachary, are you ready to work up
- 0:16Speaker 1: a sweat?
- 0:18Speaker 2: I'm ready because.
- 0:19Speaker 1: I have a feeling the phones. The phones may be busy.
- 0:23Speaker 3: Tonight because I'm on the air with you.
- 0:25Speaker 1: It happens not because you're on the air, but because
- 0:27Speaker 1: of what I want to talk about. Okay, home owners Association,
- 0:33Speaker 1: I got a story for you. You probably have one
- 0:35Speaker 1: or two of your own. So yeah, eight two one
- 0:40Speaker 1: nine eight eighty six is my number. The uh oh
- 0:44Speaker 1: my gosh. I am not anti homeowners association as a
- 0:49Speaker 1: general rule. I have been a homeowners association trustee, I
- 0:53Speaker 1: have been the president of a homeowners association. I'm not
- 0:58Speaker 1: anti homeowners association. That being said, this is one of
- 1:05Speaker 1: the dumbest things, and I'm just I'm so sick of
- 1:10Speaker 1: government at all levels. People attempting to flex their muscle,
- 1:17Speaker 1: you know, to be in control, to show you how
- 1:20Speaker 1: powerful they are This association is in Arizona. You're familiar
- 1:26Speaker 1: with Arizona. It's a dry heat. Homeowner in Goodyear, Arizona
- 1:33Speaker 1: locked in a dispute with his homeowners association over a
- 1:38Speaker 1: practice of distributing free cold water from his driveway. It's
- 1:44Speaker 1: a dry heat. David Martin has been handing out bottles
- 1:50Speaker 1: of cold water to his neighbors and passers by. It's
- 1:55Speaker 1: for the kids, it's for the delivery driver, it's for
- 1:57Speaker 1: the couple holding hands walking down the street. It's for
- 2:01Speaker 1: the little kid who has to walk his dog in
- 2:03Speaker 1: the heat. That's what he says. The Canyon Trails Homeowners'
- 2:07Speaker 1: Association and its management company F five Residential. There's always
- 2:13Speaker 1: a management company F five Residential began, Oh wait, mine,
- 2:17Speaker 1: hang I it's got to pop up blocking the story.
- 2:22Speaker 1: So it's going to keep me from doing it. I
- 2:25Speaker 1: don't want the app. I just want to read the story.
- 2:29Speaker 1: Began finding him. There we go to the tune of
- 2:36Speaker 1: one hundred dollars per infraction, so every time they cite
- 2:42Speaker 1: one hundred dollars. Neighbor Rich Costas expressed confusion over the
- 2:47Speaker 1: ahoa's actions, saying, I have no idea why they're coming
- 2:50Speaker 1: down on him. I don't know, doesn't make any sense
- 2:52Speaker 1: to me. Here we are in July, the hottest day
- 2:56Speaker 1: of the year, still talking about a water cooler with
- 3:00Speaker 1: free cold water. It's ridiculous they're already or they're adding
- 3:04Speaker 1: violations to a total that's not going to get paid
- 3:07Speaker 1: because it's giving out free cold water. One hundred signatures
- 3:15Speaker 1: have been gathered from his neighbors asking the HOA to
- 3:18Speaker 1: cool out and get off the board because they're making
- 3:22Speaker 1: everybody mad. Martin, the guy who's been sighted here, says,
- 3:25Speaker 1: I'm hoping with three new board members getting elected, they'll
- 3:28Speaker 1: see that they're wasting time and money on a water
- 3:31Speaker 1: cooler that's helping the community. And it's just a waste
- 3:36Speaker 1: one hundred dollars per infraction that they are hitting this
- 3:41Speaker 1: guy with for cold water, not because it's water, not
- 3:46Speaker 1: because it's free, not because it's in plastic bottles. Here's
- 3:50Speaker 1: the reason, the ultimate reason that they are using to
- 3:54Speaker 1: cite him, because there's a cooler in his driveway when
- 4:00Speaker 1: he hands out the water. But I don't know that
- 4:06Speaker 1: you could be much more stupid. Now, again, I'm not
- 4:11Speaker 1: anti HOA, but I know you guys have your stories
- 4:13Speaker 1: out there because these homeowners associations at times, depending upon
- 4:16Speaker 1: who you get run in the show. You know, some
- 4:19Speaker 1: of them want to get just dumb, and that's a
- 4:28Speaker 1: local homeowners association association.
- 4:31Speaker 2: D I got recorded.
- 4:33Speaker 1: The documents Loveland Documents is what we used back in
- 4:37Speaker 1: the nineties when I was were a generic set of
- 4:42Speaker 1: documents with deed restrictions for homes. When new builds came in,
- 4:47Speaker 1: new communities were built, they had these deed restrictions. Now,
- 4:50Speaker 1: generally the builder would run the homeowners association until a
- 4:54Speaker 1: certain percentage of the neighborhood was constructed sixty eighty percent, whatever,
- 4:59Speaker 1: and at that time they would turn the association over
- 5:02Speaker 1: to the residents. The documents, the deed restrictions were part
- 5:07Speaker 1: of the purchase and the buyers had access to them
- 5:12Speaker 1: prior to buying or contracting to build a home, so
- 5:15Speaker 1: you knew what you were getting into. However, they change
- 5:21Speaker 1: a bit, they're tweaked a bit, depending upon where you
- 5:25Speaker 1: are now. With ours, we had I think there were
- 5:28Speaker 1: four different stages of development in my neighborhood, a total
- 5:33Speaker 1: of two hundred and eighty eight homes. The deed restrictions
- 5:36Speaker 1: in stage one were a bit different than Stage two, three,
- 5:41Speaker 1: and four because as they continued to build they made
- 5:43Speaker 1: modifications as standards changed and so forth. In stage one,
- 5:47Speaker 1: when it was brand new, you could not have, for example,
- 5:50Speaker 1: a metal swing set. It had to be a constructed
- 5:54Speaker 1: wood swing set or playset or whatever in the backyard
- 5:58Speaker 1: for the kids. You could not have a satellite dish
- 6:02Speaker 1: visible from the street. Well, because direct TV and dish
- 6:08Speaker 1: tea Dish Network TV were just kind of coming into
- 6:11Speaker 1: play back then, what they were saying was you couldn't
- 6:13Speaker 1: have one of those big contact Mars satellite dishes in
- 6:17Speaker 1: your backyard in this neighborhood. Well, as things changed, as
- 6:22Speaker 1: the smaller dishes became available, they tweaked. Now, their first
- 6:26Speaker 1: tweak was kind of stupid, but it was a way
- 6:29Speaker 1: to sell skylights to people. They would allow you to
- 6:32Speaker 1: put the small dish in the attic using a skylight
- 6:39Speaker 1: in order for the dish to contact the satellite. By
- 6:45Speaker 1: stage three of the neighborhood, you could just have the
- 6:49Speaker 1: dish outside on your back deck or whatever, which was okay.
- 6:56Speaker 1: The colors of homes that were like haven different color
- 7:01Speaker 1: combinations that you could get when you built the home,
- 7:03Speaker 1: as far as the vinyl sighting the fake shutters and
- 7:05Speaker 1: all that kind of stuff. One guy moved and he
- 7:10Speaker 1: immediately painted his stuff. I think it was uh, I
- 7:14Speaker 1: want to say, like a neon green. Painted his garage
- 7:17Speaker 1: door with this neon green and painted his shutters neonger
- 7:20Speaker 1: and the house.
- 7:21Speaker 2: Just really really stood out, really popped, and he was
- 7:25Speaker 2: actually forced to then paint back one of the original
- 7:30Speaker 2: colors that was allowed in the neighborhood.
- 7:33Speaker 1: Does it seem silly, well, yeah, But again he was
- 7:37Speaker 1: in stage two. They were still trying to sell Stage
- 7:40Speaker 1: three and four, and it was detrimental of their business
- 7:43Speaker 1: to have people coming in on the main drag seeing
- 7:45Speaker 1: this fluorescent green house. And you signed the deed restrictions
- 7:51Speaker 1: when you bought the house. You agreed to these terms
- 7:55Speaker 1: when you bought the house. Now here in the state
- 7:56Speaker 1: of Ohio as a realtor. This is something I've been
- 7:59Speaker 1: griping about for you years. I talked to the members
- 8:01Speaker 1: of the legislature about it. Deed restrictions do not necessarily
- 8:10Speaker 1: convey from the builder, the first person who built a home,
- 8:14Speaker 1: to the second or subsequent buyers, which I find ridiculous.
- 8:20Speaker 1: If your home has deed restrictions, and generally they're twenty
- 8:24Speaker 1: years from the day to build. You should have those.
- 8:29Speaker 1: So somebody builds a house and then five years later
- 8:31Speaker 1: they decide, hey, we need a bigger place or whatever,
- 8:33Speaker 1: they sell the house. There's no requirement in Ohio that
- 8:38Speaker 1: those deed restrictions be provided to you by that seller. Now,
- 8:44Speaker 1: a realtor, I you know, that's something I do. That's
- 8:48Speaker 1: one of the things. If I've got a buyer for
- 8:50Speaker 1: a house that's you know, say built in the nineteen
- 8:54Speaker 1: nineties or up, chances are it's going to have a
- 8:57Speaker 1: homeowner's association, and so as part of the inspect period
- 9:00Speaker 1: on the house, when you write the offer, not only
- 9:03Speaker 1: do I want to see the residential property disclosure, I
- 9:05Speaker 1: also want access to the deed restrictions not later than
- 9:08Speaker 1: seventy two hours after acceptance of the offer, with five
- 9:12Speaker 1: days for the buyer to review those deed restrictions to
- 9:15Speaker 1: make sure there's nothing crazy in there. Because as they
- 9:19Speaker 1: can be tweaked by the builder, they can also be
- 9:22Speaker 1: tweaked by the trustees, the people running the association if
- 9:26Speaker 1: they manage to get a vote past the homeowners, and
- 9:30Speaker 1: if they do that in the first you know, when
- 9:33Speaker 1: the development is not completely done yet, then they need
- 9:38Speaker 1: fewer votes to get it done so things can be tweaked.
- 9:42Speaker 1: You want to make sure that a buyer is aware
- 9:44Speaker 1: of but you don't. Legally, there's no requirement. That's just
- 9:46Speaker 1: a service you do because it makes sense. But for
- 9:50Speaker 1: this guy to be facing one hundred dollars every time
- 9:55Speaker 1: they say, hey, your sell You're a giveaway water out
- 9:57Speaker 1: of here.
- 9:58Speaker 2: Absolutely crazy.
- 10:00Speaker 1: I just I wanted to bring that to your attention,
- 10:01Speaker 1: just to show you how ridiculous our world is becoming,
- 10:04Speaker 1: and to give you a chance to because I know
- 10:05Speaker 1: many of you have your your homeowners association or your
- 10:08Speaker 1: condo association stories where you just you can't believe they
- 10:11Speaker 1: even knocked on your door since you something a two
- 10:13Speaker 1: one nine eight eight six number eight two one WTV.
- 10:15Speaker 1: And do you have one out there where you live,
- 10:17Speaker 1: because there's a lot of associations out there in.
- 10:18Speaker 3: That Yeah, yeah, I have one, but mine's not bad.
- 10:22Speaker 1: Do they do they exist? That? That's my question? Do
- 10:24Speaker 1: they exist? They even have meetings? Do you even know
- 10:27Speaker 1: who they are?
- 10:27Speaker 3: I know they have meetings because I get the I
- 10:29Speaker 3: get the mail form, but I don't ever like I've
- 10:32Speaker 3: never went to one. But again, I don't hear anything
- 10:35Speaker 3: from them ever ever, except every once in a while
- 10:38Speaker 3: to be like, hey, it's it's winner, be careful drive
- 10:41Speaker 3: like just stuff like that. Other than that, nothing.
- 10:44Speaker 1: The rules are not bad. I mean, it's not always
- 10:46Speaker 1: a bad thing to have uniform standards. You know, you
- 10:49Speaker 1: don't want somebody just like Columbus has code, the Columbus
- 10:54Speaker 1: City Code, you cannot build a six foot uh privacy
- 10:58Speaker 1: fence across it's the front of your house in the
- 11:01Speaker 1: city of Columbus's that's against city code. They will come out,
- 11:05Speaker 1: they will cite you, they will make you knock that
- 11:07Speaker 1: fence down to not more than four feet in the rear.
- 11:10Speaker 1: You can go six feet, but you can't go that
- 11:13Speaker 1: high in the front. And I pass some infractions every
- 11:17Speaker 1: single day over there on my beloved West Side, on
- 11:21Speaker 1: some main thoroughfares where people have built the big, you know,
- 11:23Speaker 1: fortress fences around in front of their homes, and yeah,
- 11:27Speaker 1: I think it's detrimental. I think it looks bad. And
- 11:32Speaker 1: if that ordinance was being enforced by the code enforcement people,
- 11:35Speaker 1: that would have come down by now. But in a
- 11:37Speaker 1: neighborhood where you want You want things to stay nice,
- 11:40Speaker 1: to look good, to be to be attractive to future
- 11:46Speaker 1: buyers even after the community is done, Because wouldn't you
- 11:49Speaker 1: like the home value to go up when you buy
- 11:51Speaker 1: a home when you like to sell in five years
- 11:53Speaker 1: and actually, you know, make a little more money so
- 11:55Speaker 1: you can put that into the next place. You don't
- 11:58Speaker 1: want it to go down and become, you know, some
- 12:00Speaker 1: getified project looking Oh my goodness, nobody cares about this place.
- 12:05Speaker 1: Thing so properly run by reasonable people. I think those
- 12:09Speaker 1: associations do have their place, but in this case, those
- 12:13Speaker 1: folks are way off target as far as I'm concerned.