Great, that is, until my sister moved in across the street. Because my sister moved in with all 17 of her children (I'm exaggerating here, but only by a little), all the rules set forth by the HOA quickly changed. No more roller skating, no skateboards, no basketball in the street, no scooters, no dogs off leash, no dogs barking after 9 pm, no garage doors open unless you're physically standing there, no feeding the ducks, no skating on the pond, no toys in the yard, no sidewalk chalk. No issues, no problems, no noise, no nuisance whatsoever. Or, you will be fined. A lot.
Do all the rule changes bother me? Not really. My kids are older, the rules don't really apply to me. But I can see where it makes my sister a nervous wreck. A month or so ago she was fined $150 for a nugget of poo found on the outskirts of her yard. She took the poo to the board meeting and asked them to prove the poo was in fact dog poo and further, that if it were dog poo that the poo in question came from her dog. The board members weren't prepared for this line of questioning and the fine was removed. But my sister was pretty pissed off and she hasn't settled down much since. And now, for sport, she looks for ways to push the envelope. And unfortunately, we look enough alike that people mistake me for her.
Thanks, Amy.
When Whirlwind's previous owner, Charlie Hicks, and his partners subdivided the former Butcher estate and created a Home Owner's Association, they seriously diminished the resale value of the property. Specifically...
the value of the mansion itself.
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| Red area denotes original property, green is the parcel for sale |
The property had horses, a barn, river and valley views. Children ran freely, pets ran freely. Helicopters came in and out, Presidents would fly in, champagne was flowin', music was blaring, there was a party all the time. And the home was painted the color of Sonya Butcher's choice.
If I am the new owner of Whirlwind, I am not afforded the luxury of independent choice.
The parcels surrounding the Butcher Mansion have all sold. Once houses are built out, the Butcher's bucolic view to the river is gone. It's almost entirely gone already. And choices regarding the property must now be cleared by committee.
Each parcel owner gets one vote with the Home Owner's Association. Some neighbors own more than one parcel, thus, they get more than one vote.
What does the Whirlwind Home Owner's Association Committee oversee?
* Committee has all the power to approve or disapprove proposed uses, plans, specifications for any installation, construction, or alteration of any structure on any lot.
* Plans and specs must be submitted to Committee before any work can begin
* Any work done on an approved project must be completed in 12 months
* Work submitted must be in accordance with the Committee's Design guidelines
* Committee may approve or disapprove plans at its sole and absolute discretion
* Committee has 30 days to review plans. Work is on hold until approval comes back in writing
* Committee has right to enter premises and inspect for compliance
* Committee may remove construction if it doesn't comply or have their approval
* Committee may file an assessment if they deem it necessary
* Fines and liens may be filed against the property and assessments attached to the property, thereby clouding title at resale if noncompliance of Committee guidelines
* HOA requires: timely painting, repairing, replacing and caring of shrubs, lawn, grass, hardscapes, walkways and other exterior improvements thereon. Failure to do so means more liens and interest charges.
* Property may only be used for residential use
* No time-shares, no subdivision of the lot, no temporary structures, no RVs
* All fences and their design/material must be approved by the committee - no chain link, no wire
* No boats, trailers, boating equipment, camping equipment, etc can be kept on property
* No pool houses, carports, storage sheds or detached garages permitted without committee approval
* Exterior must be brick or stone
* Only domesticated cats and dogs allowed, and only a "reasonable" number, no breeding, no pet waste on property or in common areas
* If roads or lights or common area need to be repaired, the Home Owner's Association will pass these cost on to the Homeowners through special or annual assessments.
Now, that's just my cursory view through the amended covenants dated 01.29.2008.
With a list price of $1,200,000, the question becomes... is it worth it to have to deal with all this?
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