HOA/POA. lets hear your stories!

[Todd627]

Sorry @100Acre. When the right property comes along everything will fall into place for you.

For the record though, I will not buy a property that has HOA, POA, or CC&R's it simply isn't worth it. The exception would be the CC&R scenario that @Montecresto eluded to above.

 

[Admin]

 

[100Acre]

Hes a great agent to have. Sounds like hes actually working for you!

He’s a friend too.

 

[JTW]

Ok... so the deed restriction are like a dog without teeth. If there is no Home owners association (HOA) then there’s no real enforcement. The developer is who that falls to and once they’re out they don’t give a s***. They’re not always a bad thing. There’s a diffence between lightly restricted and city type restrictions. There are rarely issues with restrictions in more rural areas. And are generally a good thing... they keep some standard in an area and keeps junk from moving in right next to you. The issue comes when folks from metro areas move to the rural areas and bring their bulls*** with them. They buy places away from the metro areas to get away from all the bulls*** and then before long... start thinking folks shouldn’t be allowed to do this or that. That’s where the issue with HOA’s start. You get several of those people on a board and then it spirals down hill. It’s the restrictions that come down the road that pose the problem. Not that they can retro enforce but anything moving forward is now limited.

Now, I suspect this property would be fine. However, I don’t like the lack of transparency. Honestly, it’s probably not a big deal. They probably just don’t give a s*** if it sells or not. But, knowing you. It’s not gunna be a good fit for you. The killer about the western properties is the size. Most of the ground in the West is government land and what’s not is either big parcels we can’t afford or small parcels that are going to come with some degree of restrictions because they’ve been developed. Again, that’s not always a bad thing. It does sound like you have a good agent. So much of this job is gut feeling and reading between the lines. s*** happens and stuff comes up that was unforeseen but, there’s no substitute for experience and intuition on real estate transactions.

I suspect you’re going to need to up your budget to make what you want happen.

 

[JTW]

As for mineral rights... not overly important when you’re talking about small parcels. You just need to know what limitations they put on you. Can you get by with drilling a water well, gas well or what happens if you do find something of value? (Don’t f***ing tell anyone and get it out!!) The biggest being what right do they have to come on your property to take the minerals. Think strip mining coal.

Many of the “city” zoning ordinances limit what you can do anyway. County zoning can also limit you, it’s just all depends on the area and who and where those residents are from. Is it mostly original locals or are they transplants? Think Colorado!

Now, mineral rights are somewhat of a hot point these days... I’m in Ky and we have coal. There have been many successful lawsuits by current land owners regarding mineral rights that were bought 100, 200 years ago. There’s a precedent beginning on a statute of limitations on the longevity of such claims in this part of the world. But the issue is the cost associated with fighting such large corporations that generally hold such mineral rights. Out west oil and gas companies will be hard to fight! But if you’re taking about 5 acres and a gas company has the rights... it’s not really that big a deal. If you can get them GREAT! But most likely it won’t be worth while to you in your lifetime.

@Hondasxs I assume your family has hired a good lawyer to look into the matter? If not, it would be worth looking into.

 

[100Acre]

As for mineral rights... not overly important when you’re talking about small parcels. You just need to know what limitations they put on you. Can you get by with drilling a water well, gas well or what happens if you do find something of value? (Don’t f***ing tell anyone and get it out!!) The biggest being what right do they have to come on your property to take the minerals. Think strip mining coal.

Many of the “city” zoning ordinances limit what you can do anyway. County zoning can also limit you, it’s just all depends on the area and who and where those residents are from. Is it mostly original locals or are they transplants? Think Colorado!

Now, mineral rights are somewhat of a hot point these days... I’m in Ky and we have coal. There have been many successful lawsuits by current land owners regarding mineral rights that were bought 100, 200 years ago. There’s a precedent beginning on a statute of limitations on the longevity of such claims in this part of the world. But the issue is the cost associated with fighting such large corporations that generally hold such mineral rights. Out west oil and gas companies will be hard to fight! But if you’re taking about 5 acres and a gas company has the rights... it’s not really that big a deal. If you can get them GREAT! But most likely it won’t be worth while to you in your lifetime.

@Hondasxs I assume your family has hired a good lawyer to look into the matter? If not, it would be worth looking into.

On this property, even searching for minerals was strictly prohibited as stated in the CCR’s

 

[JTW]

On this property, even searching for minerals was strictly prohibited as stated in the CCR’s

Ask forgiveness not permission.

 

[Neohio]

Not the stories I was thinking of @JTW
I thought P.O.A. stood for something else......

 

[100Acre]

Ask forgiveness not permission.

I believe it was a mercenary or military leader that started that quote?

 

[sharp]

Well..
This is costing my family tons of $ right now.
Rights for 750 acres was sold for 3,500 back in 1920 ish. Now we are being bought out for a lithium mine. Family would have been rich.

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Thats almost $45k now. Still cheap.

 

[JTW]

Not the stories I was thinking of @JTW
I thought P.O.A. stood for something else......

My real estate hat lacks proper shenanigans.. that’s why I come here!

 

[Montecresto]

I’m backing out of this property. There are way too many flags popping up. This is an email my realtor just sent me.

1. Summary first: It is my opinion we should back out of this transaction and continue the search for you. Too many questionable facts are popping up everyday. I'm afraid of the ones we HAVEN'T found yet. After you sign the documents, you will either live with those unknown factors or get a lawyer...
2. MLS Listing did not indicate CCRs, as is required by law to disclose.
3. MLS Listing did not indicate the easement for the Bald Eagle nesting site, as is required by law to disclose.
4. MLS Listing did not indicate the 2 existing wells on the property that you are not permitted to tap into or use.
   1. I did not complete the research into using these wells yet since we have so many other questions to answer already....
5. The listing agent (Casey) has not been transparent in answering questions. Hiding, lying, omitting = whatever opinion you have, it has not been a transparent transaction so far.
6. I just received a THIRD amendment for the CCRs for the first time (see attached), dated 2016, that was not sent to us during all these counter offers and emails. It is not "attached" to the parcel, but rather to the subdivision and was not sent to us. Suspicious in my opinion.
7. The seller said he didn't remember that CCRs were on the property, but the third amendment from 2016 has his signatures on it from only 2 years ago.

I think that's enough to be worried. Like I said, once you sign the closing documents your due diligence is over. You own it. Good, Bad or Ugly... I think your motivation to get out of NC and into ID has brought you to the point of lowering your requirements. At first glance, this property is great, but after our research and the back-and-forth with Casey and Jacobson = I do not feel confident in recommending this property for you. Too many omissions and not enough transparency.

Shot, point number one is all the realtor needed to say for you to run lol.

 

[100Acre]

Ive been looking since I cancelled it. My eyes are still in my head but they’ve been glued to the screen for far too long...

 

[ohanacreek]

It’s been over a decade Since I left real estate but people would pull sketchy crap to sell a property. You have to be very careful when buying real estate because of that. A good agent that knows all the questions to ask and all the boxes to check is well worth his fee.

 

[100Acre]

It’s been over a decade Since I left real estate but people would pull sketchy crap to sell a property. You have to be very careful when buying real estate because of that. A good agent that knows all the questions to ask and all the boxes to check is well worth his fee.

Plus I’m hooking him up with a nice 308. As an appreciative gift.

 

[100Acre]

Was thinking of offering something on this ere treehouse...
View All Pictures for MLS: 20183900

 

[Montecresto]

Was thinking of offering something on this ere treehouse...
View All Pictures for MLS: 20183900

What a bummer for them! Wonder what happened. Nice surroundings, good looking lake in the background. The house sight isn’t prone to flooding is it? How much land is it on? What part of the state?

 

[sugarray]

I live in a 16 house "development" in WV. We have an HOA. Only restrictions are no mobile homes, no farm animals, only one building that matches the house, and how close to the road you can build. We've been here 11 years and just put in a complete remodel of our main floor. We haven't had anything intrusive at all. I think you just have to read the by laws and see if it's something you can live with.

 

[nbomar]

I moved out of my last fancy ass neighborhood because the HOA was very strict and I was the red headed step child of the neighborhood. The neighborhood I’m in now was 95% completed when I moved in. I asked the realtor “is there a poa?” “No. Well actually yes but it’s never been incorporated and I don’t think it would since the neighborhood is almost completed”. Well, I bought since there wasn’t one... and they incorporated within 6 months of me living here. Bunch of dumbasses. All the rules are so grey they can pick and choose who and how they want to enforce...


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[Smitty335]

Plus I’m hooking him up with a nice 308. As an appreciative gift.

I would still go for it, just put in bunch of fake cemeteries, with rocks that mark the graves, the cost of relocating cemeteries is cost prohibitive to do prospecting, HA!

 

[Montecresto]

I live in a 16 house "development" in WV. We have an HOA. Only restrictions are no mobile homes, no farm animals, only one building that matches the house, and how close to the road you can build. We've been here 11 years and just put in a complete remodel of our main floor. We haven't had anything intrusive at all. I think you just have to read the by laws and see if it's something you can live with.

Some people get lucky like that. Glad you’re happy and don’t have to move, but I’d never buy into one again.