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  • Homeowners Association questions

    I'm going to link this in multiple forums cause I need all the advice I can get on this.

    My neighborhood is about to take over the Homeowners Association from the builder who built the neighborhood, and one of the old biddies came by and was kind of giving my hearse the stink eye. I know the covenants pretty well, and when we first moved in I made sure I was clear on what was acceptable in the event that Morticia needed to sit outside. As far as 'vehicles' go, I'm totally ok:

    6.06 Vehicles. The term “vehicles” as used herein shall include, without limitation, motorcycles, minibikes, scooters, go-carts, trucks, vans, and automobiles. All vehicles shall be parked within garages, driveways or other paved parking areas located on a Lot. Parking in yards or on streets within the Development is prohibited. Lot Owners / visitors may temporarily park on the street. No inoperable, junk or abandoned cars shall be allowed on the property.

    So that part is good, the part I'm worried about is this vague shit:

    6.22 Nuisance. It shall be the responsibility of each Owner and occupant to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her property. No property within the Development shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive activity shall be carried on within the Development, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device shall be used except those devises used exclusively for security purposes or required by law.

    This is one of those 'subjective' type rules that is usually done by mob rule first and foremost. It hasn't been an issue yet, but I want to be well armed with knowledge before I go in there.

  • #2
    Any chance you can join the Homeowners Assoc. board? At my old house my neighbor got on the board so he could shoot down any complaints about my old cars or his sandrail or motorcycles. Kind of a longshot, but the cranky old people are a pain in the ass when they decide they don't like your toys!!

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    • #3
      That was on my list of things to accomplish. I can bring a younger contingent to the board (which is probably just these 2 old bags currently), talk about building a website, organizing events, keeping the green areas up, and doing wonderful things with the communal areas. I'll just be as charming as you can be and see how that goes.

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      • #4
        I cover it under the first amendment freedom of expression. If the hearses run and have little rust if any at all I don't see a big deal. If they make it a huge deal I say you throw a few Dead-Ends BBQ's at your place.

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        • #5
          might want to find a lawyer

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          • #6
            It might be a hassle but getting on the board and being an active member will help your situation greatly. It's like having a golden ticket. I am the President of my HOA. I first went to a meeting to protest of a compliant made about me and my home. After seeing that I showed up the complainer decided to back down. The board then asked if there were any home owners that wanted to join the board of directors. I figured what the hell? So I became a member at large... Now four years later I have become the president. It certainly drives some of the owners nuts. I even attended a meeting with my Mohawk, biker chaps and goggles on. I too park my Miller out in the street sometimes. I haven't had any direct complaints yet. I have learned over time that the regulations are there IF they need to be enforced. So it comes down to the complaints or the enforcer. Now if you decide to be the person who drives around enforcing those rules..No doubt your board will need to hire a company to do this. The sooner you get in to the process the better you'll be in the long run. Just my two cents...

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            • #7
              CCW is right. It's easy to talk shit if someone's not there. I think just showing up at the HOA meetings will squash any old biddies from getting on their high horses and getting all indignant. Most people will go seriously out of their way to avoid conflict.

              Which is funny 'cause, as hearse owners, going out of our way to avoid conflict is generally something we don't do.

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              • #8
                ALSO! If they're really THAT old, you could always try to cut a deal with'em. Free hearse ride to their final resting place. That way the relatives get to save a couple a bucks.

                Or you could threaten them that with your coach right around the corner, the trip might be just a wee bit shorter than they think.

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                • #9
                  The second part is not only subjective, it's totally ambiguous. You could violate it by standing in your driveway and farting.

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                  • #10
                    Opening can-o-worms are fun. Especially when perfectly legal retaliation involves parking a horridly rusted out shitbox on a currently licensed trailer in front of the offender's home for an extended time.

                    Grey area quasi-legal retaliation for complaining thorn..? I know someone who placed a Fri-Sun Garage Sale ad in the paper with the address of the person needing a lesson - in a well off neighborhood. The ad stated that the couple was moving overseas and selling all of their Victorian furniture, Tiffany glass, other significant antiques, their new Audi A8, Corvette, and BMW 7series- all at fair prices for quick sales. The ad also stated that there were dozens of firearms and handguns. The ad also stated that early birds were welcome...

                    Antique dealers started showing up around 5:30am Friday in droves wanting to buy EVERYTHING, chomping at the bit. Greasy auto resellers followed suit shortly thereafter. Before 7am, ATF was on site creating a ruckus. Even though the newspaper ad was quickly canceled it was too late. Paper readers continued to show up throughout the weekend and the homeowners were afraid to leave their house unattended for fear of burglaries.

                    Did I mention that this just happened to occur on a weekend they had plans to be out of town..?

                    Not that this helps Chris, natch.

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                    • #11
                      If your coach is your "main" piece of transportation, the second rule will not have much warrant over you. Any private orginization cannot dictate what you use to drive.

                      Also, HOA's have to do much to levy any type of authority over you. It takes much legal wrangling even for them. Usually, they throw their warnings and letters around to scare you into compliance. In most cases they do not have much power over city, county and state laws - unless your county/city has specific laws that allow supercedence for HOA's. If they pay taxes for road maintenance(within your HOA), you are subject to city/county/state laws. The tax is your money, hence your roads. Getting the picture?

                      I went through this in the 80's when the HOA we lived in tried to have me evicted from my father's house. They did not succeed. After that, they tried to force my father out. That, too, failed for the HOA. It was their biggest mistake. After that, pops told me to come home as late as I wanted with my uncorked two stroke. He also paid property tax and the landscaping was a seperate charge in the HOA fees. Guess what? Pops stopped paying landscaping as well. The HOA did not allow the use of private mowers so they still had to cut dad's grass.

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                      • #12
                        I think getting on the board is a fantastic idea. It would cost a lot less than a lawyer when/if the time comes to fight about it, and you'd have the advantage being on the inside.
                        I have a friend who was forced to sell her hearse because the HOA decided that it qualified as a commercial vehicle, which was forbidden. She didn't have the resources to fight them, or a big enough garage to fit it, so away it went, and she's still in mourning.

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                        • #13
                          So.......how did your fight go?

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                          • #14
                            So this one was more to organize the group that would take over the HOA from the builder and work through the transition. I think that the people I am worried about came across as the yard nazi's that they probably are and most people just want a nice looking neighborhood and good neighbors, and maybe not some kind of draconian rule mongers who walk around with a copy of the covenants and a ruler.

                            The fight continues.

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                            • #15
                              Muahahahahaha...

                              Got elected VP of the HOA... =)

                              Got my super cool neighbor on the board, and this awesome chick in the back of the neighborhood to be treasurer (she's really cool, her husband has lots of cool toys and rides a harley too). So of the 7 votes, we have 3 in the bag - and the best part is the guy who got elected president is a code enforcement officer for Gwinnett county, so he'll abide by the law and no opinion.

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