Many suburban homeowners have had to deal with homeowner's associations. Sure, they apply uniformity to a neighborhood, but when do they push too far?
They can control colors and materials, if and where a fence can be built, even if trees can be planted or removed.
If this power was not already enough, the homeowner's associations also have the power of an attorney. If someone is or even if they are not in violation of a homeowner's association statute, the homeowner's association can hire an attorney and file a case against the homeowner. Also, considering the nature of homeowner's associations, the members and directors can come and go, leaving some of the organizations without direction. One case that comes to mind involved a family moving to a neighborhood in north Columbus. The family had one stipulation for buying the house; they needed to install a fence for their dogs, however, there was a drainage easement in the yard which prevented a traditional fence installation. After speaking with county officials and fencing companies, they applied to have the fence built in their yard and it was approved by their homeowner's association. A few weeks later they moved into the house, and installed the fence. However, shortly after, they received a letter in the mail from the homeowner's association concerning their fence. In it, the homeowner's association threatened to remove the fence if the family did not, and invoked the power of attorney against the family. Apparently the director of the homeowner's association, under which the application for the fence was approved, had stepped down. Unfortunately, this battle still rages today between this family and it's homeowner's association.
In this case something as simple as a fence has caused a relentless legal battle between the two parties. It would seem as though this is a little extraneous for a fence.
If you are thinking about moving into a suburban community, make sure that you first consider the homeowner's associations. Some communities are notorious for their homeowner's associations and must be dealt with very deliberately and delicately.
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