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#421403 - 07/13/08 09:02 AM
Re: HOA issues
[Re: firecadet613]
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Never get out of the boat
Admiral
Registered: 02/07/03
Posts: 6540
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The letter quotes the covenants very poorly by stating that "trailers are not permitted to be stored in the community unless enclosed in a garage." Or else---what? Our hoa has rules but they are unenforceable without a civil suit. HOA's don't have the authority they would like you to think they have. HOA rules have their purpose, but some rules--like not bringing a properly licensed, tax-paid-for boat down a public road that your taxes paid for to a driveway on property YOU'RE paying for so your family can wash it and fill it with supplies- are unenforceable. This IS America, after all. A neighbor in our mobile home park brings his unloaded semi home and parks it out front occasionally, for maybe an hour just to pick up supplies for his trip. He got told by park management he couldn't drive into the park whatsoever. His lawyer told park mangagement "oh yes he can." And a few years ago when my BIL, a licensed ham radio operator, moved into a new house, the neighbors spotted him unloading an antenna tower and promptly alerted 'the authorities' about his egregious breaking of the rules. He was hounded persistently by neighbors, and with letters and visits from HOA people, to the point he finally took it to court. Judge told the neighbors and the HOA that he had every right to erect the antenna as he was properly licensed, that his radio may be the area's only means of communication in the event of a natural disaster, and any more harassment about it wouldn't be tolerated. All this BS and the unassembled tower never left his garage.
_________________________
Yes, YOU are unique. Just like everyone else. . . . . . . . 1988 Skipperliner Custom 53x14 . . . . . . . . . .2007 Bayliner 175BR . . . .
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#421879 - 07/15/08 08:26 AM
Re: HOA issues
[Re: Finger Lakes Boater]
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Vice Admiral
Registered: 08/29/03
Posts: 297
Loc: TN, Boat on Center Hill Lake
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I'll spare you the long and vitriolic lecture I have for 'developers' of HOA subdivisions. Hate to chase away a longtime contributor.
Confession: I own the mineral rights to 100 acres my parents sold three decades ago... FLB, you won't bother me at all. This is one of my part time jobs, and while we have done fine with this development, we will not do it again. The small community planning commissions are a pain. You follow the ordinances but still have the commissioners' personal preferences to deal with. Also, you have the state stormwater police that arbitrarily determine that an 18 inch wide shallow ditch that is dry in the summer is a "blue line stream" that must be protected. So instead of a 36 or 48 inch pipe under the road we have to put a $200,000 box culvert and we lose some lots because 60 ft on each side of the alleged stream must be protected. Don't get me wrong, I do not mind at all providing required silt fencing and other silt control measures, it is just that the stormwater rules many times are arbitrary and not uniformly applied. Even several farmers in the area have been fined because they graded or cleared their own farm land without a permit, yet you see governmental projects with mud leaving the site with no consequences. (End of rant) I have been on both sides of the HOA. I agree with Mike's comment above. While we have not turned the HOA over to the residents, we have an advisory board. There is one individual who thinks he owns the place. He wants to make the community a gated development (it has 355 lots on 240 ac) and prohibit all boats, storage buildings, and fences. In our situation he has made the other advisory board members, and many residents, so mad, he will never get elected when we turn over the HOA. I have also lived in a townhouse style condo complex many years ago where we would find that the HOA would construct visitor parking spots next to HOA officers townhouses. I also have an unusual situation where I live. There is a HOA, but it was not established when the development was platted, so it is voluntary. We have lived here for 19 yrs, but many of the residents don't know that the HOA is voluntary and dutifully send in their money each year. I look at the budget and see what expenditures are proposed. Usually we pay the fee every 2 to 3 years. I don't mind at all paying to fund the maintenance of the entrances and street signs, but I just can't see funding the neighborhood womens club luncheons. Overall I think HOAs are a good thing to maintain property values. The CCRs should be reasonably written, and prospective buyers should make inquiries before they buy. The realtors that I know make the review of the CCRs one of the conditions of closing in the purchase contract.
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2000 Hurricane Sundeck 217 2005 Acura MDX 2006 Volvo S80 2000 Chevy Silverado 2500
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#422074 - 07/15/08 10:52 PM
Re: HOA issues
[Re: wasjr]
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Ensign
Registered: 06/02/08
Posts: 35
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Heh, ours is actually a city ordinance. I can store my boat in my back yard if I have a privacy fence, or in my garage. You are allowed to park it on your driveway for up to 10 days per calendar year. Right now they have officially suspended the law due to the fact that many RV/Boat storage lots were flooded by the Mississippi. Luckily the police have more important things to do than drive around looking for violators, so it takes either a neighbor complaining or not having your vehicle properly licensed for them to do anything. My excuse? I just haven't found a non-flooded storage lot with open space. The longer I wait the more money I save by not paying lot rent somewhere  I do hate parking my truck in the street though
_________________________
-- Tim J. 2003 Regal 2200 2006 Nissan Murano (wife) 2007 Chevrolet Avalanche (mine) Pirates drive ARRRRRNGE trucks!
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