Albuquerque takes a step towards limiting HOAs

Several years ago, shortly after moving into my first home, I found trouble with the homeowner’s association (HOA). It was my original preference to find a neighborhood that did not have an HOA because even though I had never lived within one everything I heard or read about them was negative. The whole concept to me seemed akin to signing up to be bullied by neighbors. My trouble was in regard to dead lawn in my front yard that was that way when I moved in; eventually everything was cleared up but not without much hassle.

Albuquerque City Councilor Isaac Benton will be presenting a proposal so that homeowners can xeriscape their yards even if a HOA covenant requires a certain amount of the homeowner’s front yard be grass. An attorney representing the Tanoan Community Association derides the proposal as government interjecting itself into “private” rights.

Let me be clear, there is no such thing as “private” rights in connection with a homeowner’s association. The only purpose served by an HOA is to allow power hungry control freaks to lord over their neighbors and dictate actual private rights. By sanctioning such burdensome organizations, our local governments have made it almost mandatory for the individual to cede many rights to these control freaks as a requirement of homeownership.

Take for example the story of a HOA in Texas that repossessed and auctioned a 300,000 dollar home for 3,500 dollars on account of 800 dollars owed in dues. This is tyranny. While letters were sent to the homeowner no one ever visited or called the homeowners to verify in person. These were these people’s neighbors, who wouldn’t have had to walk even a quarter mile to talk to them, taking their house over a negligible amount and selling it for a joke of a price. There was no court date, in Texas HOAs can take property without going to court. They can take property without due process. This is an abomination.

While this story is ending favorably for the original homeowners, it never should have happened. HOAs do serve the purpose of ensuring that people take care of their homes so that they do not have a negative effect on the property values of neighbor’s. If that is all that they did there would be no problem but as time has gone by HOA covenants have become epic tomes that would make the US House of Representatives envious by account of page count and doubletalk. All of this nitpicking results in the complete micromanaging of one’s homes, trampling rights and prizing conformity.

Adding to my personal insult, when I moved into my home it was accepted that some of the 206 dollars in yearly dues would be used toward common area maintenance. Since, I have learned that those common areas are very limited as I am charged with maintaining to their standard the common sidewalk areas immediately in front of my home. Additionally, while the HOA excels at sending threatening letters they have no teeth as evidenced by poor upkeep at homes within several hundred yards of my own.

So, what exactly do I pay 206 dollars a year for? For the pleasure of being harassed by self-important control freaks, that’s what. The proposal in front of city council is a good start and hopefully it will pass. The next step that must be pursued is legislation that limits what and what not HOAs can force on peaceful residents, ensuring that covenants are clear and of a reasonable length and that a responsible homeowner has some way of defending themselves within the law against these tyrants.