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Can Planting Too Many Roses Cost You Your Home?

joemac1
13 years ago

While foreclosure is an increasingly real threat to homeowners, few expect to lose their house based on gardening infractions. But that�s exactly what happened to a Rancho Santa Fe, Calif., resident who planted too many roses on his property. After $70,000 in fees, he lost his legal battle against the HOA and ultimately lost his home to the flower debacle.

Read more: http://www.houselogic.com/articles/no-mothers-law-allowed-7-craziest-local-laws-and-hoa-rules/#ixzz10Ma0hUCR

Comments (20)

  • lagomorphmom
    13 years ago

    More on the link from the page:


    10 Things a Homeowners Association Won't Tell You

    1. "We Can't Wait to Get Our Hands on Your Money -- Or Even Your Home."
    A gardening violation. That's what landed Jeffrey DeMarco in hot water with his Rancho Santa Fe, Calif., homeowners association a few years ago: He planted too many roses on his four-acre property. Peeved, the association fined him monthly and sat back as the bills mounted. Then it placed a lien on his property and threatened to foreclose, according to DeMarco.

    He took the board to court, but lost on the grounds that he had violated the association's architectural design rules. (In addition to planting roses, he also had regraded the site.) In the end, he got stuck with the association's $70,000 legal bill and lost his home to the bank. "Mr. DeMarco came into the community and wanted to step outside the rules," says Walt Ekard, the association manager. "That's a detriment to everyone."

    Think it couldn't happen to you? Think again. Many people who belong to homeowners associations do not understand just how much power these groups have over them -- until they miss a payment or otherwise run afoul of the board. Fall a single day behind in paying your monthly dues, for instance, and the association may slap you with a fine. Fall 90 days behind and it may place a lien on your home and threaten to foreclose unless you pay up immediately. And because you often hand over the right of property trustee to the association when you agree to the by-laws, in some cases "you don't even get to go to court," says Evan McKenzie, a lawyer turned political science professor in Chicago and the author of Privatopia: Homeowner Associations and the Rise of Residential Private Government.

    Your best defense, if you can afford it: paying what the association says you owe, then arguing. Most associations work on a "balance forward" accounting system, in which your payments go toward the outstanding balance. By delaying, you'll just accumulate more late fees.

    Here is a link that might be useful: The rest...

  • aimeekitty
    13 years ago

    I've gotten each thing I've done in my yard approved by the HOA before doing it. (within reason) for partially the reasons stated in this thread.
    They've been pretty cool about it, in that they're like "oh, you don't have to get each rose you put in approved, just large trees, etc." so I think it's pretty decent HOA. But I will have to get approval to remove my frontyard grass, or to put more irrigation in my front yard.

  • Molineux
    13 years ago

    I feel sorry for the man who lost his home. Four acres is a lot of land. As long as he can maintain the roses I don't see what is the problem. Did his regrading destroy the garden of an adjoining property? Did it cause flooding? If not then that HOA should be picketed, tv news-stations notified, and a letter campaign directed at Local, State and Federal representatives.

    I will never live under an HOA. Prior to purchase, when I first saw my house the first question out of my mouth to the realtor was whether the property was under an HOA. Had she said yes I would not have bought the property. I'm sorry but this is supposed to be the land of the free, not the land of the HOA. Otherwise, why even B-U-Y a house.

  • Cindy Ehrenreich
    13 years ago

    Try living in a historic district. They're just as bad.

  • hartwood
    13 years ago

    As the former president of an HOA, I can say that people underestimate the power that HOA's yield over control of property. It makes me incredibly angry when HOA's stick to precident, squelch individuality, and rule their neighborhoods with an iron fist. It's okay to live in the neighborhood, as long as it doesn't look like you live there or have children or pets. My last neighborhood (where I wasn't the president) had unbelievable rules about sheds and pools and swing sets ... you even had to get birdbaths approved. Sheesh.

    I now live out in the country, on what is considered a farm, where I can build whatever I want without having to ask anyone. The moral of the story is this: study the rules of the HOA before buying into a neighborhood, and follow them to the letter or pay the consequences.

    Connie

  • luvblueroses
    13 years ago

    wow I've never lived in an neighborhood that had an HOA. Frankly I feel with in reason if someone wants to plant something or do something to their property they shouldn't have to get someone permission. I can understand things that need a building permit. To put a bird bath, swing-set, paint your home the way you want. etc Saying someone cant park their vehicle in the drive way

  • buford
    13 years ago

    I've had some issues with the HOA. But the homeowners mistake was ignoring the fines and digging his heels in. He should have either went to court immediately or worked something out with the HOA.

  • sammy zone 7 Tulsa
    13 years ago

    This was your first post here. I cannot agree with not having regulations in our housing areas. I have seen homes that have RV's in front of them, or in the yards. Some have goats and chickens, others try to have a meadow in their front yards, and end up having a weedy mess. These are against our city regulations, so my property looks better to me.

    The man did not lose a home because of his roses. He tried to fight the regulations that he signed when he purchased the house and he lost.

    I love roses, but I understand that there are areas in Arizona that want you to maintain a southwestern appearance. You cannot move in and load your front yard with roses like I do, if you signed the contract to have a certain look that everyone wants.

    I am curious as to why you chose this forum for your first post.

    Sammy

  • harryshoe zone6 eastern Pennsylvania
    13 years ago

    I couldn't imagine dealing with an HOA either. But, I agree with Sammy too.

    We have a neighbor whose yard is a $#!+ hole. He has an RV, old pick-up truck, two snow mobiles and a collapsed aluminum pool all rusting on his grass. His landscape includes old truck tires filled with soil with a few plants in the middle. Can't forget the crooked lantern light string around the front porch.

    The sad part is that a couple of small local builders built nice homes across the street just before this slob moved in. The value of the homes declined because of the junk yard.

    I often wonder how I would act if my next-door neighbor moved out and a similar slob bought their home...

  • aegis1000
    13 years ago

    We have a neighbor whose yard is a $#!+ hole. He has an RV, old pick-up truck, two snow mobiles and a collapsed aluminum pool all rusting on his grass. His landscape includes old truck tires filled with soil with a few plants in the middle. Can't forget the crooked lantern light string around the front porch.

    This is why some people are willing to live with an HOA

  • professorroush
    13 years ago

    Thank God for Kansas, lots of acreage, and good neighbors.

    Here is a link that might be useful: Garden Musings Blog

  • redsox_gw
    13 years ago

    We live in an area that is not part of the city, just a 50 year old neighborhood with 50 year old regulations when it incorporated. I asked about an HOA before we bought it in the event I decided to build a greenhouse later (I grow orchids too). I was told these old regulations were very loose. There are about 65 houses in our neighborhood.

    A neighbor down the street built an addition a couple of years back. Okay. They happen to be a very arrogant couple and not well liked in the neighborhood. This year they started building another addition, not sure exactly what it is but it is attached to the house and has a gazebo-like structure on the end. I don't know if it is part gazebo or just an "outdoor room" type of structure. They are both doctors and next door is another doctor and evidently, the two couples loathe each other.

    The thing is that this gazebo structure is insanely tall and very close to the fence line. This leaves the loathers next door (whom I don't know) to sit on their deck and look right into the gazebo etc. So they filed an injunction.

    In this case maybe an HOA would have been useful. Without any real guidelines, what if I wanted to build a mausoleum on my property and everyone was forced to look at it? Okay, that is a stretch, but you get my point. Not everyone has good sense.

  • flaurabunda
    13 years ago

    Luckily, all the neighbors that are visible from our property have good sense. However---and I MUST get a picture of this for everyone's enjoyment---there is a person around the bend from me that has a hoarder's front yard.

    They have a chain link fence in the front yard, which by itself looks kooky. Inside the fence they can barely walk. This place has it all---piles of garbage, clothing, laundry baskets, paraplegic gnomes, and even an old 1970's television set that's plugged in & running. It would be funny if it weren't so scary.

  • hartwood
    13 years ago

    "paraplegic gnomes"

    LOL LOL LOL!!!!! Sounds like a good place to go for Trick or Treat.

  • dennisb1
    13 years ago

    HOA's are evil (actually, I'd like to use stronger language), I've lived under a few. I'd rather live next to a dump than to pay exorbitant fees just to get permission to plant a petunia. Most of the ones I've experienced the people have more time on their hands than common sense or decency. I finally joined my board just to shut them up.

    We've since moved. I still have an HOA (they're really hard to avoid around here), but the fee is $2.50/month, everyone minds their own business. We just take turns cutting the common area to keep costs down.

    Never give your HOA the power to levy fines.

  • aimeekitty
    13 years ago

    When I was shopping for homes before buying our current one, there was a house that I thought would suit us well, but in a neighborhood without any HOA or rules.

    The next door neighbor to this house had a batting-cage that covered his entire backyard. It was extremely loud.

    They will never sell that house.

    My husband used to be Vice-President of the HOA at our last condo. He did so in order to help keep it fair and reasonable. (My husband is a super-fair kind of guy, almost to a fault.)
    Part of the trouble with HOAs is that often, they're led by volunteers from the community, and most people just don't want to be bothered, so it's the ones who are perhaps a little over-zealous (or perhaps a little beyond the bend) who often end up running HOAs. People have to get involved and fight unfair policies, right? Vote bad HOA runners out, if it's possible, and volunteer if you're able.

  • saldut
    13 years ago

    I would never-ever live in a HOA... that being said, the fact they can keep the neighborhood acceptable is why some folks choose to buy there.... however, if you live in a town that is well-run and has Laws on the books defining what is 'acceptable', and is ready to enforce said Laws, it works out much better.... you have the power to complain abt. a 'garbage dump', and the City comes out and inspects, and then they issue Citations and ultimately fines and/or Condemnations... you can go to the City Meetings and help shape whatever rules and Laws are needed to maintain the acceptability of the neighborhood, and then take part in the implementation of said Rules.... sally

  • Roses In Clay Ohio
    2 years ago

    If everyone hates HOAs like I hate them, why do all new neighborhoods have HOAs?

    Becoming a homeowner, I never imagined someone could tell me what to do with my property. Isn't that the point of homeownership?

    Planting "too many" flowers, painting the door the wrong color... can all lead to fines, a lien on the house, and foreclosure.

    It is a huge myth HOAs preserve property value. For example grass that is a little long will not impact a property's value no matter how they say it will.... the appraisal form does not have a spot for "long grass" and how can it affect the value when it can be cut at any time. But it may lower values (1) whatever fee you are paying to the HOA cannot be put towards the mortgage, and even a small amount per month adds up to a larger mortgage. (2) many people avoid HOAs because of their unfair, rigid, and arbitrary rules.

    One of my friends' garage door got stuck partway down when he left for work in the morning; he was late to work and was going to fix it when he got home... when he got home there was a violation notice. Another friend lives in an area where homeowners MUST keep their garage door open all day! To ensure no one is living in the garage, which shouldn't be a daily witchhunt. Of course this leads to thefts of things in the garage. Arbitrary, all arbitrary! Some places allow only certain fences, no sheds... if it's not illegal why are they so bossy?

  • Feiy (PNWZ8b/9a)
    2 years ago
    last modified: 2 years ago

    I don't understand why we can't plant many roses?