FFL denied right to sell from home by HOA

[seamusTX]

Unfortunately or not, according to your point of view, HOA covenants typically allow a small group of people to make decisions that affect all the residents with no prior notice. HOAs are not subdivisions of government and are not bound by the federal or state constitution. (They are subject to some civil-rights laws.) Take it or leave it. We still have a choice.

As an "editorial comment," I can't resist adding that many suburban homeowners seem to want their neighborhoods to be like the fictional Stepford.

- Jim

[LarryH]

Unfortunately or not, according to your point of view, HOA covenants typically allow a small group of people to make decisions that affect all the residents with no prior notice. HOAs are not subdivisions of government and are not bound by the federal or state constitution. (They are subject to some civil-rights laws.) Take it or leave it. We still have a choice.

- Jim

And part of the reason for that is most residents of the subdivision don't want to be bothered to attend HOA meetings (and provide input to such decisions) or be on the board.
After we moved into our current residence about ten years ago, we attended the first few meetings, but haven't in several years. The HOA used to meet about twice a year (if that), but have recently put up a sign at the entrance to the subdivision "advertising" monthly meetings. Maybe we'll have to check it out and see what has changed.

[sjfcontrol]

Have I read recently that there is some push on, to limit the power of HOAs? (Or "Neighborhood Nazis", as I refer to them.)

[seamusTX]

It comes up every session.

You have to be careful what you wish for when it comes to legislation.

- Jim

[Keith B]

While I agree some HOA's go too far t0 the extreme enforcement, there is the other side of the coin when they DON'T enforce the CC&R's. We have a house in the neighborhood that the paint is peeling from the trim, the fence is falling down, never mows, etc, etc. It is a real eyesore but unfortunately does not violate code so far.

We have also tried to get the HOA to enforce weeds in flowerbeds, etc. I am not that anal, but a 4ft tall horse-weed growing out of the next door neighbors flower bed that has been there with the other 2ft+ tall weed for over a year is ridiculous. Finally had to call the city on them to get it resolved. I mean c'mon, have a little pride in your homes people!!!!

Sorry, rant off.

[bdickens]

I could really care less how often my neighbor mows the grass.

[Keith B]

I could really care less how often my neighbor mows the grass.

Well, not sure how large your lot is, but if you live in the metro areas where the homes sit on top of each other, it makes a difference, as well as trying to keep the weeds and other undesirable plants from creeping into my lawn. If I had a 1/2 acre or more, then I would not be as inclined to fuss. But then, maybe I am just turning into a grouch old man after 50. Now, GET OFF MY LAWN!!!!

Back on topic, my view is the HOA should enforce what is written into the CC&R's; no more, no less, and not make up the rules as they go along. The the management companies that are there to do the leg work should follow through and do what they are supposed to instead of just collecting money and making a profit. Changes to the CC&R's should be a majority vote from the existing homeowners. There was an instance recently in Frisco where an HOA was after a homeowner because the kid had a Ford pickup (brand new, mind you) parked in the driveway and the HOA was stating it was not 'up to the standards' of the vehicles that could be left outside (Mercedes, Lexus, etc.) Ridiculous.

[pbwalker]

I could really care less how often my neighbor mows the grass.

Until you try to sell your home and no one buys it because of the fact...

[seamusTX]

Someone will buy it. Only the price is negotiable.

Then we get to the question of how much work your neighbor is supposed to do so that you can get the best price before moving away. The whole business is nasty.

- Jim

[bdickens]

I also don't see why my neighbor should care about how much I get for my house when I sell it.

[seamusTX]

I also don't see why my neighbor should care about how much I get for my house when I sell it.

Why am I cursed with being able to see both sides of issues?

I am not concerned with my former neighbor's financial condition.

I might be concerned if the house were so run down that the Beverly Hillbillies' nasty in-laws could buy it and move in with their livestock. But that's an issue that I would deal with if it happened.

That's a goat on the roof.

- Jim

[Dave01]

I also don't see why my neighbor should care about how much I get for my house when I sell it.

If your neighbors house is comparable in size and features, then your sale can effect both the sales price and possibly the tax burden of his home. This goes both ways though...up and down. Recent sales are basically how they determine property values. Not saying it's right, it just is. I'd prefer a different system also.

[Dave01]

At one time I was thinking about a home based business. I checked with my HOA and they said it was OK as long as:

1) There were no signs or other advertisements on the house or property.
2) The house was not open to the public.
3) The number of business visitors was limited to normal residential standards (not sure how they defined this).

Basically, I could make my widgets and take them else where for sales, but I couldn't sell directly out of my house unless it was an internet business.

All HOA's are different though. If I were to apply these general rules to the FFL situation, I could see a potential problem if people were going there to pick up their weapons.

Dave

[Tamie]

I can't find the FFL application online but I think BATF requires business hours. They don't have to be 9-5 but they do have to be hours the business is open for business. A family friend used to do sales at gun shows only and iirc gave up his license because of the change to require specific business hours. If I remember I'll ask him at the bbq this weekend.

[Tamie]

I believe the point is that the HOA passed the rule simply to stifle the resident's business, which was legal when established.

That's how new rules usually work. They forbid something that used to be allowed, or allow something that used to be forbidden.