HOA Question Authority of HOA to Enter Property

They do not have the right to enter your home. But don't give the state government in Richmond any ideas. BTW, if you really want your eyes opened, go read Virginia's POAA act that guides the operation of HOA's. That'll scare you to death.

 

As someone who is fairly well versed in the Broadlands documents, please point me in the direction for this one. I happen to think you are 100% wrong.

 

Like I would ever give a HOA that much power over my life and property by letting them tell me what color I can paint the walls inside my home. Regardless what's in the covenants and restrictions. There are plenty of laws on the books...doesn't mean I abide by all of them all the time. But I know at least one poster on this board that abides ALL the time.

My reply would be: see you in court.

I love going to court...

 

Thanks for the HOA fees then to pay for the lawyers.

 

You're welcome. Glad I could oblige. If the HOA doesn't act in good faith or within it's already expansive boundaries, I know you're not suggesting we simply just bend over and take it. The HOA's have the power they have - largely without any accountability - because state and local governments have tacitly delegated it to them. Again, read the POAA and you'll be shocked. Did you know that HOA's have their own lobbying association that lobbies the General Assembly every year for increases in their authority? Every year. Did you know that at one time HOA's could ban satellite dishes and it took a rule by the FCC to overturn that authority? For me, this is a prime example of HOA's getting too big for their shoes. Again, I was a director at a HOA and fought every step of the way for the homeowner...often in conflict with the HOA. As I also said, both Broadlands and Ashburn Farm enjoy the benefit from reasonable governance...but just know that POAA gives them much broader and deeper powers if they choose to use them. Most people don't know that the HOA has the power to seize your property if you're in default of your HOA dues...

I have this thing about tyranny. In all things. Don't know what it is.. Oh wait, I know...it erodes my freedom to live my life the way I want. Yeah...that's the ticket.

I believe to my core that the freedom our parents enjoyed has been eroded severely by over expansive government, political correctness and overall mis-management by government. Once a freedom is gone, it's gone forever.

Sic Sempre Tyrannis!

 

I stated that these types of restrictions ARE NOT in Broadlands. But if they were, you would have to abide by them. And if you didn't, we would see you in court.

 

You are behind the times!
The state had recently created the Common Interest Community Board and an Ombudsman position.
Their job is to look into reported abuses/irregularities/problems with HOA's.

I attended a seminar last week about this issue and met with the Ombudsman herself.

 

You're wrong. HOA's CAN seize property and you're example proved my point. Lien and foreclosures are forms of seizure. I didn't say they had rights to eminent domain as the government does. (Talk about tyranny!)

Having been on the board of a HOA and have lived in more than 6...you're wrong. It's the HOAs. Not all the HOA's but a lot of HOAs. OUR DUES fund their lobbying efforts often to our detriment. Ask Cliff if Broadlands belongs to the Virginia HOA association.. I've worked directly with the Virginia legislature in Richmond. I've seen it first hand. Here's a homework assignment so you know of which you speak. Take a read over some of the bills concerning POAA in the last 5 years. You'll get your eyes wide open.

Lastly, why we disagree on the first two, we absolutely agree on using the civil courts. Use them early and often!

 

That's good news. Let's see if they do anything. It's a shame that the rest of what I wrote remains true.

Hey...maybe we can't change it. Doesn't mean that I have to stand by and take it or like it.

As I stated repeatedly, Broadlands and AF have some of the best HOA's I've seen yet. I attribute this to one reason, they don't own any infrastructure. They don't own the roads or the utilities.

 

I'll start posting citations to prove my point if you wish....

 

Broadlands actually owns a lot of roads. We also own hundreds of light poles.

 

Cliff, I'm starting to change my mind

The last HOA I was in had it's own private police force. With full police powers!

Talk about insanity!

 

Why is this necessarily a bad thing? We already have a security force without full powers and I think they have made a significant impact

Quite often people have posted here that they would love to see more police presence, especially to deter speeding on residetial roads and vandalism. Having a full-time, fully powered police force dedicated to Broadlands would be a good thing IMO.

 

I can see your point. However, I think they're a bad idea because constitutionally I believe that police powers are government functions.

The private police force was the source of two things: 1) the cost to support and train them, and 2) the civil liability was enormous. For me, a private police force was nothing but a bunch of wanna-be's. We had plenty of examples where these guys had radios and blue lights in their POV's.

The sheriff's office and the state police didn't care for them very much and to say that they wouldn't work "together" was an understatement.

Last I heard, the General Assembly was moving - and may have already - passed an ordinance prohibiting the formation of a privately funded police force. That would have been my vote!

Now, let's not be confused... an armed security force has no police powers. They can detain, but not arrest. They can't no execute constitutional powers such as search and seizure, arrest, etc...

Additionally, last I heard, a sheriff with the approval of the circuit court can 'deputize' security forces as "constables of the peace", giving them very limited police powers but with the oversight of the sheriff. Traffic code enforcement, incidental arrest but not execution of search and arrest warrants. Most at the discretion of the sheriff and the court.

 

Sounds like a big portion of your beef is with the Virginia HOA association. If a HOA didn't belong would they be more acceptable to you?

Also, I understand there is a whole village of trolls that live west of here in a community that isn't an HOA.

If you have such a heart on for HOAs I am curious why you live in one. Sterling Park isn't an HOA, you can go live there.

If you lived in a town they would have similar covenants or laws promoting good neighbor behavior. Do you also hate towns?

 

What do you know about good neighbor behavior????

Not much from what I can tell in your posts. And stop trolling! I'll report you to the admin like you did me.

 

buffettbassman-
I'm kind of in agreement with you on hiring full police force security. That should be a function of what our taxes pay for.
But I don't have a problem hiring security personnel, primarily as a deterrant, to supplement the security in the neighborhood. We have had some benefits from it.

 

Gee. I guess you didn't like my legitimate questions. :rolleyes3::signschill:.

 

Thank Cliff,

Didn't mean to imply that a security force wouldn't be a viable option. In fact, I believe that's the solution. For me, it's not only the tax issue, it's the constitutional powers issue.

I've seen HOAs hire off-duty police officers as security personnel. While expensive, you know you have personnel who can and do work with local law enforcement, are presumably well trained and have the powers of arrest necessary. One problem to account for...if something really bad happens in the county or region and the department does a dept. wide recall...you loose your security force without any notice.

Nothing...nothing... takes the place of good hiring practices. Solid and reliable background checks if you go the security guard route.