(Topic ID: 281657)

HOA and covenants in ND

By Boblabla

1 year ago


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  • 15 posts
  • 10 Pinsiders participating
  • Latest reply 1 year ago by Boblabla
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    #1 1 year ago

    Old buzzard in my neighborhood trying to revive HOA and enforce covenants in our neighborhood. HOA has not met or had representation in 31 yrs, covenants are 41 yrs old. He wants everyone to elect him president so he can enforce cedar shake installation. Cedar shake roofs 40k. Asphalt 15k. This is in ND. Any chance this guy can legally enforce anything?

    #2 1 year ago

    Only if you all give him the authority. Hard to enforce anything that hasn't been enforced in years without a decree.

    #3 1 year ago

    Many HOAs have moved away from cedar shake roofs (at least in KC area) due to fire hazard from lightening strikes. Any older shaker roofs must be replaced with asphalt. Does this guy’s brother have a business installing cedar roofs?

    #4 1 year ago
    Quoted from Blitzburgh99:

    Many HOAs have moved away from cedar shake roofs (at least in KC area) due to fire hazard from lightening strikes. Any older shaker roofs must be replaced with asphalt. Does this guy’s brother have a business installing cedar roofs?

    No, he is worried about home values dropping if asphalt shingles are installed. The original covenants are being, and have been broken for years in this neighborhood but nothing has been enforced or attempted to be.

    #5 1 year ago
    Quoted from Boblabla:

    No, he is worried about home values dropping if asphalt shingles are installed. The original covenants are being, and have been broken for years in this neighborhood but nothing has been enforced or attempted to be.

    If I were a potential buyer, a shake roof would be an absolute dealbreaker!

    Cedar shingles love to burn bright and hot, and are a great source of kindling for the rest of the house - all you need is a lightning strike, a wayward ember from a neighbor’s grill or nearby wildfire, or perhaps an off-course bottle rocket or roman candle. They simply bring a lot more liabilities than assets to the table, particularly in a high-risk region like the northern great plains where lightning, low humidity, dry/dormant vegetation, and stiff winds are common occurrences.

    You and the other sensible folks in your neighborhood need to push back definitively and firmly on this one!

    #6 1 year ago

    Been in house over 30 years replaced asphalt roof with cedar shakes, replaced shakes with asphalt several years ago. Due to cost and insurability. Toss in neighbors fire works made me paranoid.

    #7 1 year ago

    Well, the new couple that moved in down the street just replaced their roof with asphalt , and he is trying make a deal of it on top of sheds in backyards in the neighborhood. This is not a rich area, very middle class. 40k would be more than most could afford without a loan and a lot of yrs of payments. He passed out papers stating he was part of the original officers of the HOA , and that he would like to get a 60% vote to be stated as president of the HOA. I’m just curious if the HOA has not met in 31 yrs is there even a chance if he can enforce rules of the covenants?

    #8 1 year ago

    Tell him to go pound sand up his ass.

    #9 1 year ago
    Quoted from MrBally:

    Tell him to go pound sand up his ass.

    Would absolutely love to do that!

    #10 1 year ago

    Usually the call is for fake shake, not actual wood shake. They make safe shingles that look like wood shake, they are expensive though.

    #11 1 year ago

    Yes, a different neighbor 4 years ago did install those. 50k!

    #12 1 year ago

    You'll probably have to talk to a lawyer. I'm guessing since the HOA has been disbanded, is not meeting, is not collecting dues or enforcing rules, that it doesn't exist.

    However, that probably won't be able to stop it from being reistablished after going through whatever legal hoops are necessary in your area.

    Ideally, an HOA should be for the betterment of the community as a whole, but it sounds like this guy is trying to establish one for all the wrong reasons and for his own benefit.

    Personally, I'd definitely try to fight it.

    On a positive note, from what I've read, a newly established HOA generally can't enforce their rules upon an existing owner if they don't sign a contract for it. Again, rules/laws may vary.

    #13 1 year ago

    Is the hoa incorporated?
    Is the corporation in good standing with the Secretary of State in ND?
    That gets you started on a legal track of discovery. You can research this yourself.

    Has anyone known of a hoa or seen enforcements of said hoa in the last 5 yrs?
    Anyone been paying monthly dues to the hoa?

    The hoa may be considered null and void otherwise(expired due to fault of not maintaining the establishment)

    You would also have paperwork you signed when you purchased your house.

    I have the feeling that this older resident does not have a leg to stand on.
    Do you due diligence!

    -Mike
    P.S. I will never live in an HOA...ever!

    #14 1 year ago

    Or you can really go after him by running against him creating new rules and then only enforcing rules against his property. Force that old buzzard into the sand and let him know the reason it disbanded is because nobody wanted to listen to or respect him then either.

    #15 1 year ago
    Quoted from Grizlyrig:

    Is the hoa incorporated?
    Is the corporation in good standing with the Secretary of State in ND?

    idk, but will check

    That gets you started on a legal track of discovery. You can research this yourself.
    Has anyone known of a hoa or seen enforcements of said hoa in the last 5 yrs?

    No

    Anyone been paying monthly dues to the hoa?

    No

    The hoa may be considered null and void otherwise(expired due to fault of not maintaining the establishment)
    You would also have paperwork you signed when you purchased your house.
    I have the feeling that this older resident does not have a leg to stand on.
    Do you due diligence!
    -Mike
    P.S. I will never live in an HOA...ever!

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