I feel that a homeowners association list of restrictions is a binding contract with the homeowners that sign it and agree to it, however, if a home owners association fails to operate in a capacity that ensures new residents are informed of these restrictions prior to purchasing their home, the association’s list of restrictions becomes invalid.

(Re: “Independence Planning Commission split on home business permit for day care,” June 16, 2010)

I feel that a homeowners association list of restrictions is a binding contract with the homeowners that sign it and agree to it, however, if a home owners association fails to operate in a capacity that ensures new residents are informed of these restrictions prior to purchasing their home, the association’s list of restrictions becomes invalid.

When my wife and I decided to purchase the home on Stonewall it was in part because of the fact that there was no HOA in place according to the real estate listings. We were also considering houses in the Tomasha area, but decided against them because of the presence of an HOA. Having talked with other neighbors that purchased their home in the past 10 years, none of them were notified of an HOA; none of them signed an agreement with an HOA; and none of them thought an HOA was even present.

This makes it clear to me that the association has long since been invalidated and holds no bearing on my, nor any other property purchased without knowledge of an HOA. It is the responsibility of an HOA to keep itself active and make itsself known. I don’t feel that a 36-year-old list of rules between Ms. Wages and a builder has any bearing on me. Furthermore, I would like to point out that Ms. Wages raises wild game on her property, which I am certain does not fall into the category of “high-class residential.”

As for an increase in traffic, the parents that are currently bringing their children to the daycare are school teachers and professional business people, they have no reason to speed down the street past our home.