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Escaping an HOA isn't easy

11:29 AM CDT on Tuesday, June 24, 2008

By JONATHAN BETZ / WFAA-TV

WFAA-TV
Donald Lee is building a barn on his property. His HOA has a problem with that.


Video
Jonathan Betz reports
June 23, 2008
MORE: News 8 video

FAIRVIEW — We've been hearing a lot about homeowners' associations lately.

Critics argue they have too much power. Supporters say they help keep North Texas running by keeping neighborhoods attractive and neighbors in line.

But what if you don't want the rules that come with a homeowners' association? Where can you go? As it turns out, your options are getting more limited every year.

Donald Lee's idea of a dream home is being away from people and the city. That's why he recently chose a house on two acres of land in the town of Fairview in rural Collin County.

"I would call this 'country,'" he said. "I wouldn't call it the city; I mean, the closest grocery store is over five miles away!"

Yet even in this remote enclave, Lee still managed to land in a fight with his homeowners' association, which started protesting when he started building a barn on his property.

Lee says he got permission from the neighborhood's architectural committee prior to construction, but neighbors say the size of the barn clearly violates HOA rules.

Neither side seems to be budging.

"Knowing now what I know, I probably would have never moved out here," Lee said. "People can absolutely make you miserable with these homeowners associations."

But Lee has learned that finding a place to call home without HOA oversight can be difficult.

During the housing boom of the 1990s, many towns — partly to save money — began requiring HOAs for new subdivisions to care for things like community parks and medians.

Take Frisco, for example. Of its nearly 300 subdivisions, we could find only 43 that appeared to have no deed restrictions or homeowner's associations in place.

"If you want to live in an HOA-free neighborhood, we pretty much have to exclude houses built after 1990," said Jeanne Slay, an area Realtor. That generally means heading to older neighborhoods in Plano or Dallas, like John Gilchrist's subdivision.

Built in the 1960s in North Dallas, Gilchrist can build things like a pottery studio, something most HOAs would prohibit.

"To me, that's a big important thing that I can actually operate my own property and enjoy my own hobbies and that my neighbors can do the same thing," Gilchrist said.

Critics worry that HOAs have grown not only too powerful — but also too plentiful. State lawmakers repeatedly tried reigning them in, but recent efforts have stalled.

"They're the only entity I know of that's basically all three branches of government," said Rockwall City Councilman Matt Scott.

HOA supporters argue that wide reform is unnecessary, although they concede the rules are not for everyone.

They say you can find an HOA-free neighborhood if you look hard enough.

"What we find is that people buy within the community and don't realize that they're buying into an HOA," said Linda Razzano of the Community Associations Institute. "But if you go into a community and its got perimeter fencing and beautiful exterior landscaping ... chances are really good you're living in a homeowners' association."

Donald Lee's neighborhood doesn't fit that mold, but he said he plans to continue building — and fighting. for what he considers a right. that has divided so many neighborhoods.

E-mail jbetz@wfaa.com