

I received an email from a client who posed the following question: "There's talk around here about the HOA changing the CCR's to prohibit rentals. Can they do that?" She also asked, "We have so many properties in foreclosure, where they're not paying HOA fees, that they want to charge all the rest of us [homeowners] an additional $600 fee. Do we have to pay that?"
Over the years, I've heard many comments from homeowners about their Homeowners Association ( HOA ). Often times, those comments were quite harsh. Others were quite complimentary. Many of my clients absolutely LOVE their HOA's, and appreciate the fact that an HOA can help prevent neighbors from painting their houses pink & purple polka-dots, and can do something to help prevent the neighborhood from becoming a scene out of Sanford and Son, a junk yard.
But then again, I've had more than one client refer to their HOA's as being like a Gestapo ~ a comparison that is arguably exaggerated and perhaps not the most 'politically correct' term ~ but it nonetheless summarizes what they perceive as heavy-handed and irrational operations by HOA's. 
Homeowners, under the umbrella of an HOA, need to be aware that "they" are "we"! Most HOA's are managed on a representative democratic model (similar to our US government model). The homeowners elect a Board of Directors (from homeowners), and then the Board oversees/manages the funds, CC&R's, budget, expenditures, fees, special assessments, etc. The Board may contract with an outside Property Management firm to administrate and enforce the Board's decisions, but ultimately, it's the Board that calls the shots.

Back to my client's questions ~ Can the HOA can restrict rentals in the subdivision? Yes! And, can the HOA levy a special assessment against all homeowners and demand payment? Absolutely!
So, what's a homeowner do? Are there any solutions or protection from mismanaged HOA's? Do we need new legislation to curb the powers (or abuses) of HOA's? The tricky part is, "they are we," and "we are they!" Whatever anybody does for or against an HOA is actually being done for or against the individual homeowners. What a dilemma!

Arizona Homes - Chandler Homes - Gilbert Homes - Mesa Homes - Queen Creek Homes
Oh my God! One of my teenage daughters recently said to me, "I'm bored!" My response? "Just shoot me now and put me out of my misery. If I hear either one of them say that again, I'm gonna scream!" Can you relate?

So how often in your life have you felt 'bored'? Or for us parental units, how many times have you heard your kids say they were bored? I'll confess that I've felt it, and said it, many times in my life. Bored with school. Bored with parents. Bored with a job/career. Bored with a friend. Bored with life. Bored with myself. Oh woe is me...
Have you ever wondered what's REALLY going on within us that we label as boredom? Is it a lack of activity? Or perhaps it's a lack of something 'new' to think about or do? Could it be the absence of 'challenge'? Might it be an indication of a dislike for ourselves or our surroundings?
Is it possible that boredom is not ANY of the these things, or could it be ALL of these things? It's interesting to note the feelings that were elicited in me at the moment at this moment. I sensed feelings such as loneliness, fatigue, hopelessness, depression and even anger ~ a rather intense set of emotions attached to a seemingly simple concept of 'boredom'?
I won't pretend that I know the true definition of boredom. But I firmly believe that in the Kingdom of Boredom, stagnation and negativity reign supreme. In a narrative framework, in my 'past life' as a Licensed Professional Counselor in Oklahoma, I often asked people if Boredom seemed like an ally or an enemy. Invariably, they would reply, "Enemy!"
So, if 'Boredom' is our enemy, what 'weapons' are at our disposal to assist us in the battle against the formidable Boredom? In a nanosecond, I'm betting that most of us just had thoughts and images flash into our consciousness with things like a new career, a new spouse, a new toy, a new mountain to climb, ... ad infinitum.
What if Boredom is NOT our enemy, but is instead a loving, faithful and compassionate friend? Is it possible that Boredom, who knows us more intimately than anybody or anything, has a very specialized role in each of our lives? What if Boredom's assignment is to bring into our awareness a feeling so strong that we couldn't deny it's presence? If so, then what in the world is this feeling trying to do for us?
Again, I'd never be so arrogant as to claim absolute insight into the 'answer', but I certainly do wonder. What if Boredom is telling us that something needs to change WITHIN us - internally, not externally. I wonder if Boredom's assignment is to move us to a place of discomfort, lovingly whispering gently to our souls and spirits, "Move! Move toward light, life, energy, adventure, passion. Use your imagination, see yourself as the person you want to be, and then be who you are!"
If that happened to be a fairly accurate description of Boredom's role and voice, and if we were to listen and imagine, can you think of a better ally? And if we made it a habit of continually moving toward light, life, energy, adventure, passion and awareness, wouldn't Boredom simply, quietly quit showing up to rain on our parade?
One final note regarding imagination. My wife brought to my attention Exercise Your Imagination, an article written by Mark Blackwell. It's a nice piece, and more support for our wonderings about Boredom. He states that as a child, he learned something that has always been a powerful influence in his life. Mark said, "the secret to overcoming boredom, I discovered, was imagination." For those of us that battle Boredom, I wonder if we could all stand to re-discover the power and magic of Imagination ~ including the power to defeat Boredom.

This post to my incredible daughters, Jeni and Z, whom I love dearly! :)



I recently sat in on (more like a refereed) a rather heated conversation between a real estate Agent and his first-time home Buyer client. They had just closed on the purchase of a home in Arizona, and both of them were quite upset.
Seems that the original Arizona MLS listing on the property had indicated that the refrigerator was "to be included with the home." The refrigerator was even mentioned in the property fliers, shown in photos of the kitchen and pictured in a virtual tour of the property. The refrigerator was in the home during the Buyer's first viewing, at the second viewing, during the inspections and at the final walk-through the day before recording.
As soon as the transaction recorded/closed, the excited Buyer went to see her new home. If you're anticipating the next part of the story, then you've no doubt guessed what she found ~ no refrigerator! The Seller had apparently removed it the night before the recording date.
The questions that this angry Buyer was asking her Agent were: "Where's MY refrigerator?" and, "Who's going to get it back for me, or pay for a new one?" At that point, I had to intervene and ask one simple question ~ what does the contract say?
The standard Arizona Association of REALTORS Residential Resale Real Estate Purchase Contract states that "...all existing fixtures on the Premises, and any existing personal property specified herein, shall be included in this sale...". The Contract goes on to say, "Additional existing personal property included in this sale: __refrigerator __washer __dryer as [hereafter] described."
The first question has to be, according to the Contract, , who owns that darn refrigerator? The answer is ((((drum roll)))) "It depends!" The only way to find out for sure is to review the Contract to determine whether or not ownership of the refrigerator was clearly marked and/or described in the Contract. If indeed the refrigerator was not marked or described, since it is clearly personal property, then the Seller owns it - plain and simple.
If, however, the refrigerator was clearly marked or described in the Contract, then the Buyer owns it. So what about the MLS printout? The MLS printout is merely a communication piece between cooperating Brokers that are members of and participating in the MLS. The MLS plano is NOT an advertisement, and it is NOT a part of the Contract. Therefore, even if the MLS printout says the refrigerator ~ or any other personal property ~ is to be included in the sale of the home, it is imperative that it be clearly specified and described in the Contract.
I recall hearing a story similar to this my first year as a Realtor and thinking to myself, "How boring!" I soon figured out that this is the "boring stuff" of which residential real estate is made.
Next question >>> what if the refrigerator had been built in, like a Sub-Zero? We'll save that conversation for another day. :)

Homes in Arizona ~ Homes in Gilbert ~ Homes in Chandler ~ Homes in Mesa ~ Homes in Queen Creek
ActiveRain Corp. is not responsible for the accuracy of the site's content (which is written by members of the ActiveRain Real Estate Network) and does not endorse the views of the real estate agents, mortgage brokers, and others listed here.
Powered by the ActiveRain Real Estate Network
© 2009 ActiveRain Corp. All Rights Reserved