HOA CONTROL OF INSIDE OF HOME

The sad answer is, probably, yes.

I do know that condos can legitimately specify the color of the drapery lining that is used. (In highrises, it keeps the exterior from looking like a random patchwork quilt of colors.)

Have you checked your declaration of covenants and rules documents.

Mary,
Yes they probably can if there is a statement in the covenants or rules and regs regarding displays of any nature that is visable from the outside. It sounds like if you have had them hanging for 5 years, that you might have a new Board member or property manager who finally read something in your documents about the stained glass hangings. It is easier just to take them down than to get into a situation where you might get a letter or a fine for having them in view.

Mary,

If you thoroughly read your CCRs restrictions and the rules of the assn, you will probably find that certain things that can be seen from the outside of your unit are restricted. It's not so much that the HOA is controlling what you have inside your home, but rather they are controlling what can be seen from the outside of your home. Some boards just want uniformity to the nth degree!

I love stained glass and I know they can be very costly. Perhaps you can display them from the windows in the back of your unit. Normally the restriction is against anything that can be seen from the street.

George,

You might be an anti-Boardite, but your blanket assessment of those who volunteer for service is simply off-base.

The LAST thing our Board wants to do is tell our Membership what to do. We see our primary duties to be enforcing the docs, collecting dues and paying bills. If a homeowner is out of line, which is rare, we inform them, pleasantly, of the issue and ask it be corrected. So far, we've never had to ask twice. They respect us and we respect them. We try to leave them alone though keep them very well informed.

On a personal note, my primary reason for joining our Board was self-interest; as in, looking after matters that might otherwise, if not kept in check, could hurt the value of our home specifically, and our community in general.

So far, so good.

MaryM18 - You may very well be correct that the board members seem to take a great deal of pleasure in being able to tell everyone what to do. But their enforcement of the cc&r (nothing can be hung inside the window)is not enough to make that assessment (for me at least). Reason is that by contract a board is obligated to enforce the cc&r's and owners are obligated to comply.

I don't agree. Please re-read what I posted. I was very careful in my use of language. I used the word "tend" as in tendency or inclination. I did not make a blanket statement about all board members.

"People who get some sort of pleasure out of telling others what to do, tend to stand for election to association boards (and they tend to get elected). People who do not get such pleasures from controlling others, tend not to stand for election.

By the way there is some great research about the psychology of group decision making and particularly the Abilene Paradox. I have used it extensively in my work over the past many years.

And I make no exceptions for politicians.

Mary M,

I'm thinking you must be in a very large assn (perhaps master assn) or the homes just aren't selling since you are still under declarant control after 6 years. What do your CCRs say about turning over the assn to the members. It's usually after a certain % of the lots have sold. After the h/o take over the assn the CCRs and the rules can be amended to suit the members. As long as the developer is in control don't expect too much to change. Sorry, that's just the way it is!

Mary M,

The period of declarant control is normally spelled out in the CCRs. Have you thoroughly researched yours? In my CCRs it's under the article titled "Membership; Voting Rights", specifically in the "Classes" subsection under "voting rights". You may have missed it!

Mary M,

I was really hoping you had missed something! But, as it stands, as I said earlier you will just have to put up with it until he decides to transition the assn. Sorry. :-(

GeraldT4, I'm not the one making "everyone miserable". If you'd read my previous postings, you'd know I am one of 140 people who were caught by surprise and are angry. I got on here to obtain information on HOAs, CCRs and the legality of this particular one, not to be told off. Thanks for your input.

And I disagree, if something "tends" to be that way, that means "more times than not."

That sounds like a pretty "blanket" description of the "typical" HOA Board member.

I get no "pleasure" from having to tell people to stop doing something they should have known not to do in the first place.

None of our board members do.

I meet regularly with hundreds of other board members from throughout our entire metropolitan area several times a year.

Not a one there takes any "pleasure" in slapping a grown-up's wrist.

If 140 people out of 160 were sent violation notices, I'm sure the board was sitting there and cackling to themselves at kicking these people in the shins.

Rather it looks to me like the residents got lazy and as one violation when unchecked, another resident figures, "Heck I can do that, too."

So the board finally got off their A@@ and did their JOB.

On the other hand, if 140 people want a specific restriction to change, it would seem to me there is a mechanism in place to allow that to happen.

That's what I recommend to people who don't like X or Y CC&R. If the members of the community want it changed, they will make it happen. Until then, I and my fellow board members will maintain the integrity of the governing documents.

Since Mary says that the "developer" won't let the change happen, it suggests to me that he may still be in control (though the board may be working to address violations). If that's the case, that the developer is still in control, and he doesn't want a clause changed, then more than likely he's got the stacked votes to keep it that way.

I would suggest waiting until the full turnover and get the community together to change it at that time.

Until then, it would be in your, and your neighbors', best interests to remain in compliance, because, I can assure you as a board member, moving for enforcement is NOT a pleasurable experience.

The above sentence should read:

Rather it looks to me like the board got lazy and as one violation went unchecked, another resident figures, "Heck I can do that, too."

Kirk,

I agree. However, Mary and her fellow members will have to wait awhile because the HOA is still under declarant control.