Hi. This is my first time posting a question on permies. Love the site, my newer-to-gardening husband found it and reads it daily, and I'm catching the fever (and not the covid one).
Here's the backstory... We live on a parcel within an HOA in northeastern Pennsylvania, USA. We pay no fees, nor do we use the HOA owned lake (as we have a private lake in our backyard that's not a part of the HOA). Owners of property that touch the lake do pay monthly/yearly fees, I'm guessing for lake maintenance. I don't even know if there's a pavilion, dock, or any common area; the lake could be entirely surrounded by private properties. We've never bothered to go to the HOA lake. We own the parcel furthest from the HOA associated lake, and we share a few thousand foot border with a parcel that is not part of the HOA area. Ours is one of the larger parcels (about 16 acres); lots bordering the small lake are a few acres at most. Our neighbors who we share the other border with, also in the HOA, have a large lot, about 20 acres, and the two nextdoor neighbors also in HOA going down the street have lots of over ten acres each. None of our lots (all the neighbors whose lots I just described) border the lake. Our neighbor across the valley (not in HOA) has a farm with cows. The neighboring parcel to ours is where the zoning changes from residential (my lot) to agricultural (neighbor). I know zoning is township and HOA is private, just mentioning to give a feel for the area-- it's basically a few houses surrounded by acres of
trees, some farms, scattered lakes, a small junkyard, small airport, a college observatory. Public electricity but all private
water wells, private septic, no public natural gas.
When we bought our house &
land about 2 years ago, we were told by the people we were buying the house from that the HOA really doesn't care what we do "up here," the rules just apply to the properties touching the lake. We (hubs and I) understand that although the previous owners may think the HOA doesn't care about us, the truth is that we are part of the HOA and legally we are bound by those CC&Rs which have restrictions against having poultry and livestock. I realize that we bought the place, we signed off on the CC&Rs but we are ready to branch out from
gardening to having critters, but I don't want to build coops and runs and procure a dozen hens, then have a HOA rep visit for the first time ever and tell me I'm in violation and I have to get rid of my girls.
So (drumroll please) here are my questions...
1. Since we or the neighbors on my street don't pay into the HOA, would we have a better chance of splitting off from the HOA? I know it would involve hiring an attorney, but I wondered if anyone has dealt with a similar situation. (Most definitive and most preferred action: legally split and be done with the HOA, but costly, AND we may not win)
2. Is there any kind of "abandonment" argument (along the lines of a prescriptive easement, only reversed?) to be made that since we don't have any benefits from the lake, and that other neighbors (again, all of which are neighbors who don't border the lake) have violated CC&Rs for years with no admonition (although the rules probably have a severance clause, that if one rule is overruled, the others still stand kinda thing) that the rules don't apply to us anymore? (Would be less pushy than trying to break completely from HOA, but still would involve legal assistance)
3. Since our neighbors (non-lake touching ones) all seem to be on the same page as far as ignoring the CC&Rs, do I risk doing what I want to do without regard to the HOA rules and just wait until someone brings my violations to the knowledge of the HOA board, or do I get the apprehension out of the way and try to meet up with an HOA board member first? (Risky if I bring attention to this "forgotten" end of the HOA)
To any who have read this mini-novel, thank you for reading! And thanks in advance for any advice or opinions. I think our best bet is to talk with an attorney, but I'm hoping someone has successfully dealt with a similar situation and can give me practical advice...
Just as an aside, when we purchased the home, we had been looking for land for over 5 years, and this was the only land that met our huge list of criteria, so we made a choice to purchase knowing we might have to deal with challenging the HOA, so please don't say "you shouldn't have purchased a property with an HOA." We felt moving from our 1/2 acre lot in a big development to a rural plot out in the sticks was worth the risk of having to challenge the HOA.