Originally Posted by texas_jack
It's weird because as I understand it the HOA no longer exists in this development but the rules continue to be enforced by the town. I was told fences are allowed but only if they are under a certain height and if they are over you have to get approval from the town first.
Thats a little strange, as a true HOA has to be registered with the state I believe. Since it has the authority to asses fines and create taxable items, it has be recognized. Plus, with their being a common area component, someone has to maintain it. I am sure there is a process for dissolving one, but not sure if dissolved vs. ignored is the better way to go.
Having said that, an HOA can be more restrictive than local municipal law as they are generally created as PUD's which entitles them to their own zoning/ordinances, but not less restrictive unless it was granted as part of the development.
Lastly, a HOA can be a good thing. Yeah, they are a pain in the ass and breeding grounds for mini dictators to bust your ass about having an american flag too large, but when you need them, they are invaluable, they keep your property values up (allegedly) by maintaining common areas, and if you've ever been to a planned sub where there is no HOA/restrictions, it looks terrible. Call it a necessary evil.