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kirk1015 Samba Member
Joined: June 15, 2015 Posts: 281 Location: New Jersey
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Glenn Mr. 010
Joined: December 25, 2001 Posts: 76935 Location: Sneaking up behind you
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Posted: Thu Apr 08, 2021 4:39 pm Post subject: Re: HOA sues classic car owner |
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Simple.... move
I'd never live where there a hoa. Local town government is as bad.
The more layers the more chances you'll get screwed. _________________ Glenn
74 Beetle Specs | 74 Beetle Restoration | 2180cc Engine
"You may not get what you pay for, but you always pay for what you get"
Member #1009
#BlueSquare |
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kirk1015 Samba Member
Joined: June 15, 2015 Posts: 281 Location: New Jersey
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Posted: Thu Apr 08, 2021 4:51 pm Post subject: Re: HOA sues classic car owner |
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Glenn wrote: |
Simple.... move
I'd never live where there a hoa. Local town government is as bad.
The more layers the more chances you'll get screwed. |
I google searched it and it turns out that he won the case, but got banned from
using some of the facilities for 1 year. I agree though. I've hard many
horror stories about living in an HOA. _________________ Jim Douglas....I am Not. |
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Glenn Mr. 010
Joined: December 25, 2001 Posts: 76935 Location: Sneaking up behind you
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lonotch Samba Padrino
Joined: August 28, 2004 Posts: 3304 Location: So. Cal. Oceanside GFK!
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Posted: Thu Apr 08, 2021 5:59 pm Post subject: Re: HOA sues classic car owner |
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Federal law trumps HOA’s, lawyer up. _________________ It's not about the window, it's about the people.
German Folks |
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Glenn Mr. 010
Joined: December 25, 2001 Posts: 76935 Location: Sneaking up behind you
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EverettB Administrator
Joined: April 11, 2000 Posts: 69820 Location: Phoenix Metro
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Posted: Thu Apr 08, 2021 7:29 pm Post subject: Re: HOA sues classic car owner |
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lonotch wrote: |
Federal law trumps HOA’s, lawyer up. |
I agree except he's a renter and the home owner stated he cannot fly it.
I'm guessing (but wondering if it's true) that the owner of the property disallowing something overrides all of that. _________________ How to Post Photos
Everett Barnes - [email protected] | My wanted ads
"Water is the only drink for a wise man" | "Communication prevents complaints"
Stop dead photo links! Post your photos to The Samba Gallery! |
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Zundfolge1432 Samba Member
Joined: June 13, 2004 Posts: 12467
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Posted: Thu Apr 08, 2021 7:30 pm Post subject: Re: HOA sues classic car owner |
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Must be a slow news day to worry about stupid shit like these two examples. I purposely live in an rear where I can shoot a gun, piss out my back door and park broken non running VWs in my front yard. You don’t like it ? Piss off. |
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calvinater Samba Member
Joined: September 06, 2014 Posts: 3328 Location: 802 The Pointless Forrest
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Posted: Fri Apr 09, 2021 3:09 am Post subject: Re: HOA sues classic car owner |
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^^^
X2 _________________ "Albatross"! |
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KTPhil Samba Member
Joined: April 06, 2006 Posts: 34009 Location: Conejo Valley, CA
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Posted: Fri Apr 09, 2021 11:30 am Post subject: Re: HOA sues classic car owner |
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There are two sides to having an HOA.
They can be clueless, ignorant, power-hungry asshats who relish the fight. Like in this case.
They can also be the last protection against inconsiderate and even violent neighbors.
I've seen both sides. |
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TDCTDI Samba Advocatus Diaboli
Joined: August 31, 2013 Posts: 12854 Location: North Carolina
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Posted: Fri Apr 09, 2021 11:46 am Post subject: Re: HOA sues classic car owner |
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KTPhil wrote: |
There are two sides to having an HOA.
They can be clueless, ignorant, power-hungry asshats who relish the fight. Like in this case.
They can also be the last protection against inconsiderate and even violent neighbors.
I've seen both sides. |
A HOA can’t do anything about a violent neighbor & they are probably the reason the neighbor became violent. _________________ Everybody born before 1975 has a story, good, bad, or indifferent, about a VW.
GOFUNDYOURSELF, quit asking everyone to do it for you!
An air cooled VW will make you a hoarder.
Do something, anything, to your project every day, and you will eventually complete it. |
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KTPhil Samba Member
Joined: April 06, 2006 Posts: 34009 Location: Conejo Valley, CA
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Posted: Fri Apr 09, 2021 12:07 pm Post subject: Re: HOA sues classic car owner |
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I've lived at both extremes...
Out in the boonies where the law is what I say it is, and we left each other alone... unless one needed help, in which case all is given to the cause... muscle, equipment, funds, anything.
We all pitched in to make a new paved Arizona crossing over the creek after a really big storm and flood.
I had a neighbor who let her goats live in her house. No skin off my nose. When her power was cut off, I let her draw from my well and tank.
It feels free, and you can do your own thing, and let others do the same.
This works well when there is space. My lot was small at 5 acres, but it was enough separation that almost no one bothered anyone else.
But...
Stuff people next to each other, and the friction starts. Rules become more important to keep the peace. Some don't like rules, and even enjoy flaunting them, some in a threatening manner.
The police don't get involved in civil matters. An HOA is the only way to keep property values up, keep neighbors from taking matters into their own hands, getting destructive... not cleaning up trash, causing pest problems, allowing drug use in their home by renters... there are horror stories about "that" neighbor that make you thankful there is, in effect, a civil authority that cares about the local community and not the next election or their police budget.
Everyone who lives a development with an HOA knew it at the time they moved, and were given a copy of the rules in escrow, by law. Changing their mind later is not an option. If they don't like it they can move.
Back to this case... the car was not "damaged," and the HOA is vastly overstepping their authority. If the guy has to sue, he should push for reimbursement of his legal bills, since the HOA is not acting within the authority granted by their founding documents. And if the HOA itself isn't enough, the individual board members can be sued, arguing they exceeded the authority of their Board duties, which the HOA won't pay for.
I wish them every success in this case! |
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TDCTDI Samba Advocatus Diaboli
Joined: August 31, 2013 Posts: 12854 Location: North Carolina
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Posted: Fri Apr 09, 2021 12:43 pm Post subject: Re: HOA sues classic car owner |
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I had some friends that sued their HOA & won over a long going dispute over a handicap ramp.
https://www.google.com/amp/s/www.wral.com/raleigh-...ersion=amp
I also had another friend that ousted a belligerent, abusive, & far too anal HOA president at a meeting when all of the other members voted him in.
Fuck a HOA. _________________ Everybody born before 1975 has a story, good, bad, or indifferent, about a VW.
GOFUNDYOURSELF, quit asking everyone to do it for you!
An air cooled VW will make you a hoarder.
Do something, anything, to your project every day, and you will eventually complete it.
Last edited by TDCTDI on Fri Apr 09, 2021 12:44 pm; edited 1 time in total |
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Cusser Samba Member
Joined: October 02, 2006 Posts: 31373 Location: Hot Arizona
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jspbtown Samba Member
Joined: January 27, 2004 Posts: 5156
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Posted: Sat Apr 10, 2021 5:50 am Post subject: Re: HOA sues classic car owner |
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When you buy a house in a community governed by HOA rules you sign a document stating you understand the rules and agree to the bylaws of the HOA.
Don't want to do that? Then don't move there.
I hate people using "freedom" as an excuse to not follow rules....especially rules you know of in advance and agree to follow.
Americans seems to be less and less following their commitments. |
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Glenn Mr. 010
Joined: December 25, 2001 Posts: 76935 Location: Sneaking up behind you
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Posted: Sat Apr 10, 2021 6:13 am Post subject: Re: HOA sues classic car owner |
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jspbtown wrote: |
I hate people using "freedom" as an excuse to not follow rules....especially rules you know of in advance and agree to follow. |
Some people are more concerned about their individual "rights" even if that infringes on the rights of others.
"We The People" is not "Me" the people.
Or as JFK once said "ask not what your country can do for you, ask what you can do for your country."
BTW... some people here forget this: Rules _________________ Glenn
74 Beetle Specs | 74 Beetle Restoration | 2180cc Engine
"You may not get what you pay for, but you always pay for what you get"
Member #1009
#BlueSquare |
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Pez Samba Member
Joined: September 16, 2003 Posts: 583 Location: Texarkana
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Posted: Sat Apr 10, 2021 6:43 am Post subject: Re: HOA sues classic car owner |
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Moved into a home with a Hand written HOA rules sheet. This puppy is straight from 1983 and grossly ignored but I joke about living in the fancy part of town. Tut tut!
Parents lived in a modern gated community with strict HOA though, to hell with that.. they used to walk around with a ruler to check grass height. The HOA, not my parents _________________ Always chasing Squirrel's. |
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oprn Samba Member
Joined: November 13, 2016 Posts: 12730 Location: Western Canada
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Posted: Sat Apr 10, 2021 7:11 am Post subject: Re: HOA sues classic car owner |
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I might have sided with the guy in the first post except that he is a flat out liar! That truck has not weathered that way, it has had bodywork started on it with the intent to repaint it and never finished. That is as plain as the nose on his face. He cannot claim it's an original weathered finish so finish the paint work and shut up! It will never, ever be an original weathered paint truck now. _________________ We had the stone age, the bronze age, the industrial age and now we are in the age of mass deception and mind control for corporate profit. (The mass media age) |
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67 Florida Deluxe Samba Purist
Joined: June 21, 2005 Posts: 7987 Location: Gainesville and Tampa, Florida
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Posted: Sat Apr 10, 2021 6:31 pm Post subject: Re: HOA sues classic car owner |
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jspbtown wrote: |
When you buy a house in a community governed by HOA rules you sign a document stating you understand the rules and agree to the bylaws of the HOA.
Don't want to do that? Then don't move there.
I hate people using "freedom" as an excuse to not follow rules....especially rules you know of in advance and agree to follow.
Americans seems to be less and less following their commitments. |
100%! HOA rules are recorded in public records and even if a buyer DOESN'T sign a document acknowledging acceptance (or even knowledge) of them, they are still beholden to them if they buy or rent in the n'hood. Unless they are discriminatory or otherwise illegal, they can be for anything under the sun. In St. Petersburg, there's an HOA that is notorious for its rules such as, you cannot park a pickup or SUV in your driveway; it must be in your garage. Exception is a service vehicle making a service call. Garage doors must remain closed at all times unless someone is visibly present at the moment. You cannot park overnight on the street. In one condo, the association prohibits cars over a certain model year old, regardless of condition, to be parked in outdoor spots. They must be in a garage or kept offsite. But it's all public record and the buyer is "on notice" as a result. If a buyer is too lazy to read the rules or somehow thinks they don't apply to the buyer, lawyer up or move. If you lawyer up against some of these HOAs in the Tampa Bay area, you will lose. Too many retirees and others who have nothing else to do except be the n'hood gestapo. They have winning down to a science! In the case of the original post, I thought it was a bit of a stretch to go after that truck for the reason they did. However, if the HOA rules had verbiage about loud exhausts (as many do in Florida), then, he would have lost. _________________ -Kent (BaT "daleallen")
OG member of the '67 Posse
A few of my toys, past and present
'56 Oval, '66 KG Conv't, '67 21-Window, '67 Bug, '79 SuperVert, '55 Pre-A Continental |
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AirHead1966 Samba Member
Joined: October 17, 2019 Posts: 568 Location: Triad Area NC
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Posted: Sun Apr 11, 2021 7:46 am Post subject: Re: HOA sues classic car owner |
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HOA rules are part of a private contract between property owners and HOA.
"Freedoms" or whatever word people may use for their so called "rights" have nothing to do with it. Most of those "rights" protect people from government action, not private party contracts. Yes, there are limits to what "rights" private parties can contract away but there are strict limits to that; for example you can't contract away criminal activity, etc. Courts have well defined standards for what can't be contracted away and what can be contracted away. HOA rules, in almost all cases, are established and valid private contracts.
HOA rules are published, owners are given notice and those who don't like those rules can either work to get them changed or move. HOA bylaws have a process for changing the rules.
HOA is not for everyone. That is why we have choices. I like living in a community that has an HOA. It keeps the property values up and I like nicely manicured lawns, well kept houses etc. that are required to be maintained by the HOA rules.
Different people have different priorities. Plenty of options for all to decide what suits their priorities. What is right for one person is not necessarily right for the other. |
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