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Like I said, it was a total shocker on how it turned out. As for getting rid of the association, I think that is a little extreme. I do not mind an association if ran correctly. We have 2.2 miles of sidewalks that weave through out the neigborhood between houses and backyards and 10 acre playground area for the kids. If we turned the association over to the city, this would all become public use. Right now, it is all private. We also have 3 ponds that are used for water retention areas and fishing areas. The main cost of the association goes to keeping these ponds cleaned out. We are now talking about putting pipe through it and back filling them which will also reduce insurance prices.

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Loftus001 wrote:

We are now talking about putting pipe through it and back filling them which will also reduce insurance prices.

Yikes -- I like ponds. We have a pond of our own on our property (sort of a water retention type pond as well). We put a big fountain in it, and enjoy watching the wildlife. Every spring we get a family or two of geese, and numerous families of ducks. Occasionally a crane will fly in to visit, and we have all sorts of little critters, both furry and feathered. I don't think the city would even allow it to be filled in, but I'd never want it to be.

Here's an old picture -- we've upgraded the fountain since then with new nozzles and lights which makes it look better.

-Tim

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Somebody here (was it Bill Hoffman?) used LOR to control fountains... I'm intrigued by the idea and would love to try it someday. Alas, it's pretty low on my project list, as things like build a new deck (which we did last summer) and build William a play area (which we probably will do this summer) keep bumping out the less practical projects :laughing:.

Our current fountain doesn't lend itself to being controlled. For one thing it's just one big spray pattern -- about the best I could do is turn it on and off. Also, it's a floating fountain so the pump motor is directly below it (submerged underwater). With motors that size you typically would want to leave the motor running and use valves to control the water flow, and having the "all in one" doesn't lend itself to that.

Someday if I ever get the time I'd love to add an additional pump motor and some nozzles/valves/etc. which did some sort of "dancing waters" effect.

The biggest concern with our pond is the water level. When it's rainy, the deep part might get 4-5 feet deep. When it's dry, the deep part might get 2', and the rest is even shallower -- if it gets too dry I have to shut down our existing fountain as it bottoms out and sucks up mud and other bad things... Fortunately that hasn't happened much (last year there were several times I was getting close to shutting it down but we got rain just in time).

-Tim

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  • 8 months later...

tfischer wrote:

terrypowerz wrote:

That's my understanding as well-- the requirement to belong to a HOA is part of the deed to the property, just as any easement or other restriction would be. This should have come up in the inspection/permitting process and never been allowed. And if the property was built outside of the permitting process, it would be up to the propety owner to bring the property into compliance or raize it, just as if they had built on top of an easement or the like.

All states have variations in the laws but the essential spirit behind this is you dont really own the land in any state... the state actually owns the land. WHat you own are the rights to USE the land. In this theory, your property taxes are your RENT for the land to the state/county, but the rights to the land are forever sellable and transferable, which when you buy a house, you are buying the RIGHTS to the land and everything on it.

Lets say a developer buys 100 acres and divides it up into 500 houses. Either the HOA owns the streets or its dedicated or "given" to the county. In any case, deed restrictions enter the scene because the developer hasnt sold you ALL the rights to the land... only the rights bound by the limitations of the deed restrictions which can be updated or altered by the HOA. Most states allow HOA to act as mini-zoning boards or minature governments and will require annual elections of homeowners by homeowners to operate the HOA, or othertimes the HOA may elect to just hire a private company to manage fees, rights and maintenance of the common property (parts, roadways, sidewalks, street lights, subdivision entrance with its landscaping, etc.)

HOA in effect are called planned unit developments or PUD's which are a lesser powerful version of those that go with condominiums. Condos tend to be where no individual owns any land, all you own is the space within your condo and everyone owns equal undivided shares in the overall land together, this it requires elections and some form of corporate democratic system to determine what to do with the common areas/grounds.

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DarrenJeffries wrote:

I am so glad we don't have this problem in the UK, so long as you are not breaking any electrical safety codes you are free to do whatever you wish ( with the exception of one poor couple in Scotland who were court ordered to remove their lights!!!)

It has been known (actually very common) for people to leave their icicle lights up all year out of lazyness.

You may be getting the wrong impression. I think that the majority of neighborhoods in the US do not have any type of neighborhood association.

TED

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  • 2 months later...

I am sure it is too late for your situation, but I would NOT get votes from your neighbors. Instead, I would get proxies from your neighbors. Consider that most organizations allow for you to get proxy statements from anyone who is willing to sign. And the proxy allows you to vote on their behalf.

Consider the power: in my HOA less then 5% of the neighborhood shows up to the meeting. That would leave 95% of my neighbors to request allowing me to vote for them by proxy. If you take the time to go around and act like mr concerned neighbor, many will sign away their proxy statement. You should meanwhile keep quiet about your intent and say nothing to anyone about getting the proxies. Only reveal your hand at the meeting. If it is like my HOA you simply turn in the statements. Then you sit down and (potentially) proceed to cast more votes then the number of people in the room.

If you don't like the rule, then you have effectively defeated the rule.

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