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77 °F Forecast | Road Cams Thursday, September 16, 2004 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal How To Guide Wellness Connection Readers' Choice Real Estate Showcase Joy Magazine Homelife Magazine Wedding Guide Rogue Valley's Finest EXTRA Newspaper in Education Personals Movie Times TV Times E The People MARKETPLACE Find a Car Find a Home Find a Job Classifieds Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Oregon Road Conditions & Cams Email Story to a Friend August 22, 2004 Is this the future for subdivision living? Although many don�t wall off their neighborhoods like Alder Creek on east Medford�s Barnett Road, most new housing developments come with a homeowners association that regulates the look of the area. Mail Tribune / Jim Craven Restricted by choice Unbending rules in subdivisions are part of the appeal for some residents By MEG LANDERS Mail Tribune Rollin Watson and Don Skufca toss jabs over the Kerry-Bush debate, but they do agree on one thing — they don’t mind losing some private property freedoms as long as their neighborhood looks nice. "Usually when a house comes up for sale (here) it goes the next day," said Watson, who has lived for nine years in southeast Medford’s Alder Creek Private Living Community off Barnett Road. He chose the neighborhood for its restrictions. Skufca, his next-door neighbor, appreciates the convenience of things like yard maintenance being handled for him. "What can be seen from the street is pretty well taken care of by the homeowners association," said Skufca. Advertisement Watson and Skufca live in a gated community run by a homeowners association board of directors. While courts nationwide have been willing to strike down laws that restrict property freedoms, courts have upheld restrictions by homeowners associations because buying a property that’s regulated by a homeowners association is a choice. Statewide and nationally, homeowners associations (HOAs) are becoming more prevalent in new developments. "In Oregon, probably two-thirds or better of all the new homes are in homeowners associations," said Richard Thompson, who runs a homeowners association consulting service in Portland. Typically HOAs are created by developers to handle common areas (such as condominium grounds, swimming pools and water systems). To make certain residents pay, there’s a lien against their property. It’s a form of self-government in a subdivision to protect property values. Like any form of self-government, it’s only as good as the board, but residents do have the right to vote people out. The rules are legally binding and anyone who doesn’t want to live by them shouldn’t buy the property. Flagpoles, clotheslines, wind chimes, lawn signs, or even pets can be prohibited from the entire neighborhood, in addition to house paint being limited to a couple colors. One person’s safe and tidy is another person’s repressed and deprived, and sometimes there are violations. "The lady two or three houses down had a political sign out and we said, ‘Uh-uh, can’t do that,’" said John Mitts, another Alder Creek resident. "There are a lot of ‘no’, ‘don’t’, and ‘you can’t’ here." He said the neighbor ended up being satisfied to put the political sign in the window of the house. Persistent violators can be fined. Linda Mitts, John’s wife, said she had looked over the association’s budget a couple years earlier and saw that one neighbor, who had put up a fence for his dog, paid $3,000 in fines when he refused to remove the fence which was prohibited. The fence was finally removed. But she likes the way the association is running the community. "We knew what we were getting into," she said. The Mittses said the association’s agreements are a thick packet, which homeowners need to read through. "There shouldn’t be any surprises," she said. Alder Creek is one of many homeowners associations that’s been springing up around the Rogue Valley in the past couple decades. Randy Jones, developer with Mahar Homes, said the 96-home Alder Creek is successful because residents want the same things. "It’s like-minded people that live in there," he said. "At night they can close the gate off." Not all HOAs are the same. Eagle Trace Homeowners Association near Eagle Trace Drive and Hillcrest Road is unusual because it was formed in 1992 or 1993 to fight the building of a nearby store (which was never built) and membership is optional. Bob Roe, president of the Eagle Trace HOA, said the association owns no common property, and the annual membership fee is between $6 and $12. "There were people in the beginning who thought we were going to be jack-booted storm troopers," he said. But it turns out things are pretty laid back, he said, and if one neighbor complains about another neighbor’s barking dog or loud house color, someone from the association will talk to the neighbors and find a solution. Another Medford HOA is on Village Circle off Golf View Drive. The Alderwood homeowners association had been formed by the property’s developers four years ago to maintain a common, private dead-end street. But now that the street is getting punched through to connect with city streets, some residents are looking into disbanding their homeowners association and making their street, Village Circle, property of the city. Several disgruntled residents in local neighborhoods regulated by associations asked not to be quoted in this story because they didn’t want to cause hard feelings with neighbors. As battles for November’s general election begin to heat up, Medford Heights near Eastwood Cemeteryresidents recently received reminder notices on the neighborhood’s ban on political signs in yards. "Every once in awhile somebody puts up a sign, and we take it down and put it on their porch," said Anne White, who is on the board of directors of the Medford Heights homeowners association. She hasn’t heard any complaints. Another restriction is paint. "We try to have four different paint colors (options) so people have a choice," said White. "We don’t want purple doors with pink polka dots on them, or pink flamingoes in the yard," she said. Medford attorney John Hassen has been involved in the formation of homeowners associations and codes, covenants and restrictions, or CC&Rs, the rules that govern them. Many developments even decades old and with no association have a set of CC&Rs created by the developer. Buyers must agree to abide by them and disputes are settled in civil court. "An association can run well or not based on whether it’s got people who are a good mix," said Hassen. "Sometimes you get people who are a bad mix." Hassen said the main problem is most people don’t sit down and read the 50-plus page agreement put together by the HOA, and he said people should never go into these without reading all the documents. Claudette Moore, a real estate agent with Coldwell Banker Pro West in east Medford and a Medford councilwoman, said she loves homeowners associations. She’s building a house in Hampton Place with a HOA that has a $75 annual fee to maintain a neighborhood entryway and a park. She currently lives in Wildwood condominiums, where she pays $95 per month for water, sewer, garbage, landscaping, pool, and exterior repair. She often advises clients on homeowners associations. "If you don’t like the way things are being run, get involved," she said. Not all real estate agents are association-savvy. Thompson, who consults homeowners associations’ developers, attorneys and boards, said buyers can’t expect their real estate agent to fully understand the details of each of the HOAs. "You can’t assume anything," said Thompson. "Most real estate agents don’t understand this, so they don’t give the information to their buyers." Thompson said problems can arise because a homeowner is handing over control of how their house looks to a board of directors that is not necessarily a trained or knowledgeable board. "Understanding how to govern your neighbors is very difficult," he said, adding he advises that boards hire a property management company to enforce rules and collect fees. A homeowners association could impose and collect fines — and even foreclose on the property — if the fines aren’t paid or if someone trashes their property, devaluing your property, he said. "There are people that live in homeowners associations that may hate that aspect," he said. Thompson said HOAs are like small governments. "Not everyone’s suited to live in a homeowners association," he said. "They would rather have their own home and not have their neighbors tell them what to do. That’s not a small issue." Let the buyer beware Typical covenants, codes and restrictions (CC&Rs) that govern homeowners associations give the board authority to make and enforce reasonable rules for the use of common property. Before buying a property that has a homeowners association: Study the CC&Rs — can you live by them? Review the association’s finances, ask the treasurer if dues are expected to increase, or if there are upcoming special assessments. Meet the association president. If the president seems more interested in gossip about residents than maintaining the property, you may feel intruded upon down the road. Speak with residents about the management and politics of the HOA. Source: Coldwell Banker Real Estate Reach reporter Meg Landers at 776-4481 or e-mail [email protected] Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2004 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback ADVERTISERS A D V E R T I S E R S SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Readers' Choice Real Estate Showcase Since We Asked Outdoor Journal Moving to Southern Oregon? Volunteer Opportunities