You're preaching to the choir Sterling. Probably why I don't have many friends as I have never been in the "go along to get along" camp. However, if we used facts to determine or weed out level of idiocy, our society wouldn't be in the situation it is now. The problem with idiot-proofing things, or rather trying to, is that there are more idiots born every day and they find the loopholes a normal person wouldn't even think of. Then those idiots migrate towards other idiots, they procreate, and it becomes a vicious cycle.
When we were looking for our forever home we did NOT want a property that had anything to do with a HOA. We never even went and investigated at anything in an HOA neighborhood. If it had the box checked for HOA on the email it was immediately rejected. One afternoon our realtor friend who was assisting us during our house hunting phase took us to a house that we really liked when we pulled up. We almost walked inside but as we were standing outside discussing the property and the neighborhood I casually asked if it was an HOA. When he looked at his notes and responded "yes", I simply said I had seen all I needed to, there is no sense in going inside.
That being said, I was however, specifically looking for something that had much more strictly written CC&R's that our previous neighborhood as those were too loosely written and after a couple decades new homeowners who were coming into the neighborhood were finding ways around the earlier written CC&R's and therefore the neighborhood went down the *******, and quick.
When it comes to HOA's I feel as though HOA rules have the potential to be "interpreted" differently by different people and were too subjective for me. They can be hit and miss depending on who oversees the HOA. With CC&R's however, they are written very specifically and spelled out clearly at the time the subdivision is developed, which I like. The problem comes from those who don't read them before purchasing like you mentioned.
I on the other hand, went to the county to pull the CC&R's the day after looking at the house and after a quick browse through them and a discussion with the wife, we put earnest money down therefore tying the house up and then I could do a much deeper investigation and even meet with someone from the city. Seeing as how the neighborhood and building a bigger shop were the two main factors for our moving, I practically had the CC&R's memorized with a couple of days when I had arranged a meeting with the city planning commissioner and building inspector. I walked in with a copy of the plot layout, shop layout on the property, overview of the shop's construction along with a rendering and a copy of the CC&R's.
The meeting could not have gone better. I laid out my case for purchasing the property and shop construction. I mentioned the size, I had a rendering showing the exterior and cited the CC&R's as to their requirements, such as same construction type and method of the dwelling (ie. no pole buildings), the exterior had to have the exact same materials and colors as the house including rock and/or brick, the front had to have 50% of said rock or brick, the remaining side had to have 36" high of corresponding brick or rock to match and the roof had to have the asphalt shingles to match the house and lastly, the accessory building could not be taller than the house.
My shop and the layout of it on the property met all of the criteria with one exception, the back of the shop along the south fence line. I had asked about a variance on the brick work for the three sides. Rather than having brick on the back side which ran along the back property line where no one would see it I would rather the east and west sides have 48" of brick rather than the 36". When asked why I simply said due to the size of those walls I felt like they would be more proportionate and therefore better aesthetics. They agreed whole-heartedly and everything looked great with the plan.
They expressed the fact that they could not issue a building permit until I owned the property, which I fully understood. However, I also expressed that my main reason for purchasing this property was to build the accessory building and if there was anything at all that could prevent it from being approved or something that didn't meet the CC&R criteria that I was maybe overlooking because I didn't want to spend that kind of money and then find out I couldn't execute my plans. They both agreed that the presentation was flawless, and all criteria was met. They both commented how they wished more people would do their homework before buying properties as they have had to reject plans because the homeowner didn't do his due diligence in the property.
To me, it was as easy as a trip to the county for the printout of the CC&R's and a plot layout. Absolutely nothing that anyone couldn't do if prospective home buyers cared enough to check. Personally, a little research when spending money goes a long way but I guess people are too lazy to do even basic research, then play the victim and blame others.
Although I love the neighborhood that we live in, there are still a few of our neighbors that don't follow the rules that have been laid out.
I still remember the day we broke ground on the shop. We had only met 1 neighbor prior to this but on January 31, 2017, as soon as we broke ground, I had two neighbors standing in my driveway while I watched the hole being dug. They were inquiring about what we were doing and when I mentioned building a shop/accessory building, they mentioned that I should make sure that I research the CC&R's. My wife was appalled that they came over to mention that but I on the other hand didn't mind. In fact, I probably would have done the same thing. I informed them that I had a copy of the CC&R's in my truck if they'd like to see them, but I could probably recite them from memory and if they had any questions I would be happy to answer them.
They had no specific questions other than they wanted to make sure the guidelines were being followed. I can say to this day those are the two couples that I know the best and probably have the most respect for in our neighborhood because the keep their yards up immaculately and are very kind and courteous but stand their ground on issues. One of the couples a few years ago when they wanted to make a small addition to their side yard had actually come around and asked us our thoughts, even though they didn't need our permission. They just wanted to make sure we were ok with their plans as the was no specific ruling in the CC&R's to what they wanted to do. I thought that to be very honest and transparent of them.
Some may think I am being overly critical but I like rules and like people to follow those rules.