Judy Dutton | Jan
9, 2018
Homeowners
associations often get trashed for being overly bossy
with homeowners, and the latest Big Brother scandal to make
headlines is no exception: An HOA in Auburn, CA, is demanding
that residents keep their garage doors open. That's right, go ahead
and show off this greasy, grimy armpit of your home to
all your neighbors, guys!
Only why?
The internet got to scratching its head over this odd
policy soon after the Auburn Greens Unit 1 HOA issued residents
a letter demanding that they leave their garage doors up from 8
a.m. to 4 p.m., Monday through Friday—or else they face a $200 fine.
According to board member Norma Brewer, this new rule came about
after the HOA discovered that one resident had allowed people to live
in his garage, which is against HOA rules. As a result, the board decided
that the best way to crack down on illegal garage residency was to
force everyone to
open up.
Many residents caved to this mandate, grumbling, while others
pushed the limits of what "open" means by leaving their garage
doors ajar just a crack. But some, like Shally Ia, outright refused.
"I have nothing to hide," Ia told Fox News. "I understand somebody had people
living in the garage. I don’t. I am following the rules." She's even
willing to pay the $200 fine rather than have to move all her stuff
out of her garage.
What's a garage good for, after all, if not to stash crusty old
paint cans, neglected basketballs, and other castoffs you'd never deign to
store in your house?
Others complained about compromised security. "I’ve got an
electric scooter, I’ve got all kinds of stuff," said one 9-year-old
resident named Jason.
"So, I just don’t think it’s very good to have it open."
Local homeowners plan to voice their disdain for this new
"open-door" policy at the monthly HOA meeting happening in two
weeks.
"All I am asking is a reasonable way to get around
this," Ia said, adding that she's open to bimonthly inspections.
HOA vs. homeowners: Who's right?
As strange as this open-garage-door policy may
seem, many HOAs do indeed operate a lot like small fiefdoms, passing
whatever laws they see fit. Some might make sense—say, to maintain your
property so it isn't an eyesore—but others can seem draconian (witness one
HOA that forced everyone to cough up $500 for new mailboxes).
"I've long since stopped investing in condos for this exact
reason," says California real estate developer Tyler Drew. "Can an
HOA make such an arbitrary and clearly overreaching ruling such as this? Most
real estate lawyers will tell you yes, because HOAs have clear oversight of
residents. If you don't go to HOA meetings where these rules are passed, then
that decision is on you. They can fine you and, more importantly, foreclose on
your unit if you ignore those fines."
But while HOAs do have broad powers to mandate many aspects
of homeownership, they can't pass any rule.
"We are entitled to certain rights to privacy and the
ability to protect ourselves and our homes," says Denise Supplee at SparkRental.com. "I
cannot imagine any judge ruling in favor of an HOA forcing people to expose
their personal effects to be stolen, their privacy infringed upon and, frankly,
their safety. Two words often used in legal jargon are 'fair and reasonable.'
"So, then the question here would be: Is this a fair and
reasonable demand? It does not seem so to me in any sense."
"The HOA is clearly overstepping their boundaries
here," says Wendy Flynn, a
Realtor® at Keller Williams in College Station, TX. "An open garage door
subjects the occupants of a home to a lesser degree of security and limits
the functional use of the garage space. Is the HOA going to accept
responsibility for items stolen from garages while the garage doors are up? Or
what if a home is broken into using the garage entry?"
Plus, security issues aside, this isn't good for real estate
values, either. Because let's face it: Who wants to drive around the
neighborhood and get a gander in everyone's garage?
"It just looks trashy," Flynn says.
Judy Dutton is a
deputy editor at realtor.com covering news and advice about personal finance,
home buying, selling, decorating, and everything in between
(judy.dutton@move.com).
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