Tuesday, January 9, 2018

HOA Makes Homeowners Leave Garage Doors Open for a Truly Silly Reason

opening-garage-door

XiXinXing/iStock

Homeowners associations often get trashed for being overly bossy with homeowners, and the latest Big Brother scandal to make headlines is no exception: An HOA in Auburn, CA, is demanding that residents keep their garage doors open. That’s right, go ahead and show off this greasy, grimy armpit of your home to all your neighbors, guys!

Only why?

The internet got to scratching its head over this odd policy soon after the Auburn Greens Unit 1 HOA issued residents a letter demanding that they leave their garage doors up from 8 a.m. to 4 p.m., Monday through Friday—or else they face a $200 fine.

According to board member Norma Brewer, this new rule came about after the HOA discovered that one resident had allowed people to live in his garage, which is against HOA rules. As a result, the board decided that the best way to crack down on illegal garage residency was to force everyone to open up.

Many residents caved to this mandate, grumbling, while others pushed the limits of what “open” means by leaving their garage doors ajar just a crack. But some, like Shally Ia, outright refused.

“I have nothing to hide,” Ia told Fox News. “I understand somebody had people living in the garage. I don’t. I am following the rules.” She’s even willing to pay the $200 fine rather than have to move all her stuff out of her garage.

What’s a garage good for, after all, if not to stash crusty old paint cans, neglected basketballs, and other castoffs you’d never deign to store in your house?

Others complained about compromised security. “I’ve got an electric scooter, I’ve got all kinds of stuff,” said one 9-year-old resident named Jason. “So, I just don’t think it’s very good to have it open.”

Local homeowners plan to voice their disdain for this new “open-door” policy at the monthly HOA meeting happening in two weeks.

“All I am asking is a reasonable way to get around this,” Ia said, adding that she’s open to bimonthly inspections.

HOA vs. homeowners: Who’s right?

As strange as this open-garage-door policy may seem, many HOAs do indeed operate a lot like small fiefdoms, passing whatever laws they see fit. Some might make sense—say, to maintain your property so it isn’t an eyesore—but others can seem draconian (witness one HOA that forced everyone to cough up $500 for new mailboxes).

“I’ve long since stopped investing in condos for this exact reason,” says California real estate developer Tyler Drew. “Can an HOA make such an arbitrary and clearly overreaching ruling such as this? Most real estate lawyers will tell you yes, because HOAs have clear oversight of residents. If you don’t go to HOA meetings where these rules are passed, then that decision is on you. They can fine you and, more importantly, foreclose on your unit if you ignore those fines.”

But while HOAs do have broad powers to mandate many aspects of homeownership, they can’t pass any rule.

“We are entitled to certain rights to privacy and the ability to protect ourselves and our homes,” says Denise Supplee at SparkRental.com. “I cannot imagine any judge ruling in favor of an HOA forcing people to expose their personal effects to be stolen, their privacy infringed upon and, frankly, their safety. Two words often used in legal jargon are ‘fair and reasonable.’

“So, then the question here would be: Is this a fair and reasonable demand? It does not seem so to me in any sense.”

“The HOA is clearly overstepping their boundaries here,” says Wendy Flynn, a Realtor® at Keller Williams in College Station, TX. “An open garage door subjects the occupants of a home to a lesser degree of security and limits the functional use of the garage space. Is the HOA going to accept responsibility for items stolen from garages while the garage doors are up? Or what if a home is broken into using the garage entry?”

Plus, security issues aside, this isn’t good for real estate values, either. Because let’s face it: Who wants to drive around the neighborhood and get a gander in everyone’s garage?

“It just looks trashy,” Flynn says.

The post HOA Makes Homeowners Leave Garage Doors Open for a Truly Silly Reason appeared first on Real Estate News & Insights | realtor.com®.



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