I have a question. If I move into a neighborhood that doesn't have an HOA, then all my neighbors get together and vote to impose one, do we all have to agree before we all become party to it? Or can my neighbors impose an HOA on me without my consent? Just curious. I've only lived in a neighborhood with an HOA once, and that was only for a month and half (my parents built a new house right before I graduated high school and moved out). I don't know what their proliferation is here in Plano (though I suspect it might be high since the vast majority of Plano seems to have been built in the last 15 minutes or so). Personally, I plan to move into a neighborhood that has an HOA. Then I will slowly gain the trust of my neighbors and become head of the HOA. Then I will start imposing all sorts of really silly rules (like "No member of the household can have a name that starts with the letter 'K'" or "No kids between the ages of three and four are allowed in the neighborhood") for as long as I can before my neighbors come after me with torches and pitchforks and make me move out. Probably won't happen, but a man can dream, can't he?
Shouldn't it also be your choice to paint your house purple or put up a picket fence if you want? I mean, this is YOUR property, not theirs. I COMPLETELY understand and agree with things like abandoned vehicles, overgrown yards, giant signs, etc. But, I do not get things like brick color or roof style or no porch swing or gazebos must be shorter than 10 feet or approved home colors or the number of INDOOR pets you can own or the type and size of pet you can own or not allowing gardens or no basketball goals without nets and on and on. This is MY freakin' house! If I take care of it but my choice of STYLE is different from someone else's, big deal. If I own a company, I can wear whatever I like. If I own a house, I should be able to make it look like I want. There is a big difference between community standards and nitpicky rules that have more to do with people having way too much time on their hands than with legitimate concerns. My in-laws lived in one of the nicest subdivisions in Clear Lake in one of the biggest houses. They built a BEAUTIFUL gazebo in their back yard that was not visible unless you climbed up on the fence and peered into the backyard. Someone actually did it and sent them some written warning. In most parts of the country, that is called trespassing. It is not only rude, it is illegal. That is the kind of stuff that annyos the crap out of me. It depends on the city. In Phoenix, over 70 percent of homes are in deed restricted communities. Some cities have more and others less. The point is that it does limit choice. Originally, many HOA's were started as a way to keep out "undesirables" - i.e. colored folk. While the spirit of that has changed most places, the reality is that it does limit choices particularly to those who cannot afford the options. My wife and I could afford to live in a neigborhood where we can do much of what we want with our home. People shouldn't be forced into a deed restricted community just because they can't afford to live somewhere else. No question. I have no problem with expansion and, frankly, not a lot of problems with the areas that are in existence. The problem I have is that HOA's often serve to increase regulation in areas where more regulations aren't really required. If you own a home and the property, you should be able to make modest changes to that home without the permission of someone else, particularly if the changes are cosmetic in nature. If you don't like the color of my house, turn your head in the other direction.
The existence of an HOA is provided for in the original deed of the house, and the rules, criteria, and penalties that they have authority over are also in the deed. I'm not a lawyer, but an HOA can't be created after the fact because it would have no legal authority.
