As someone without a hope in the world for owning a house any time soon, what kind of teeth do these associations actually have to enforce their whims?
As part of the purchase, you are given the deed restrictions and you contractually agree in the closing process to follow them. We once backed out of a purchase when we read the overly strict restrictions.
You also contractually agree that the association has the ability to fine you for violations and put a lien on your property if you don't pay. There are plusses and minuses. The minuses are obvious - PITA, picky busybodies, limited paint colors, landscaping restrictions, etc. The plusses are that in general, the whole neighborhood is typically better maintained - paint, lawn, general upkeep, etc. which affects your property value.
Can't you buy from the owner and not sign the contract with the HOA? Presumably the HOA has a contractual grievance with the prior-owner; or are such HOA contracts enshrined in criminal law?
My guess is that the restriction is already on the existing deed, originating with the first sale from the builder of the community. So it transfers with the property.
It depends. Unless membership is optional, I would consider it a lesser value home. Which is ironic given its intended function is to (possibly) keep one asshole from ruining property values, in exchange for a different set of assholes (possibly) destroying value in another way.
HOAs sound crappy but they're better than living next to assholes/slobs when you have zero recourse. HOA is really the only entity that will care about assholes. The problem with buying a home is that you don't know what your neighbors are like ahead of time.
FYI, some municipalities have democratically driven regulations; this seems like a much better course if you’re not trying to make a homogenous neighborhood.
