Community Forums

cb5300 · 03-14-2011, 08:36 AM

I'm sure that if you looked REAL CLOSE at the three old ladies you'd find some rule or law that they were breaking... Then you could re-pay the favor and crank up some pressure on them, maybe then they would take a "live and let live attitude".....

CD · 03-14-2011, 08:57 AM

Quote:

Originally Posted by melvonnar

Here is the sadist part of this problem:
There is three old biddies; (yes there women) that cause all the problens for me; and everyone else. they made up a patition to get rid of my motorhome and took it around the neigherhood to get people to sign it; not a single person in the whole development would sign. (I get along well with all my neighbors).
There are those that get joy out of causing other people problems. realy sad; you almost have to feel sorry for these poor demented folks.
they managed to get on the board of the association; been there for years, and years. (no one wants the job)
Please no one advise me to get on the board; I'm afraid I would do something that I would regret.

Sounds like you (and your neighbors) could have basis for a harassment suit against 3 individuals.

greystroke · 03-14-2011, 10:25 AM

When I searched for a house here in FL, I made sure I could park a Tr/MH in my yard. The only restriction was the Tr/Mh had to be behind the front most part of the house.

Sometimes rules change unannounced though, so to protect myself I had an "RV Driveway" put in with an RV cover. Since it was approved by permits it just about assures me there will be no Harrassment due to code changes. Usually old approvals are grandfathered in. So if they want to force code changes on me they will have to buy the 110 ft drive and Cover plus the MH. No way they can win.

ShabbyChic · 03-14-2011, 11:26 AM

same problem, HOA got no where so that called the county in

. Now I got a notice that they are going to fine me 150.00 a day. Next home NO HOA.

fansill · 03-14-2011, 12:07 PM

I am not sure what state you are in but here is my two cents worth. I am an attorney in Massachusetts and recently tried a case in this state with similarities. My client came to me after he had received an invoice from his condominium association for an "emergency" repair that they claimed had to be performed on a condo he owned and had rented to a tenant. Unfortunately, he refused to pay the bill after sending a letter stating why he felt the repair and subsequent invoice was unnecessary and exorbitant. The situation went on for months until he called me and although he continued to pay his monthly association fees, the unpaid repair bill kept rolling over and in his bylaws, they were able to charge extra fees and interest on the original small amount. Long story short, the final outcome was that the amount had increased from $850 to almost $8000 with fees, fines, interest, and the association's legal fees.

Even though the judge thought that the actions of the association were outrageous, he stated that the by-laws gave the board of directors the authority to impose all of the many stupid fees and fines. He reduced the final settlement amount greatly but my client still had to pay the original amount plus the legal fees and some of the interest. His final advice to myself and my client is that he should have paid the original amount and then fought after the fact to avoid the additional fees. He then added that if my client believed that the original action of the association was improper, then he, with legal counsel should now sue the association for the original actions and then take a very careful look at the by-laws and verbage of the association rules. He felt that we may be able to find inconsistancies in the way that the association and directors force compliance and that could be construed as harrasment or at the very least the rules and ordinances could be considered to be extremely heavy handed and simply unenforceable due to their nature of being against public policy. I am now in the middle of just such an action, representing my client against the condo association and the board of directors on a number of charges, not the least being harrassment and discrminatory action.

That being said, I would probably advise you to temporarily move the coach to avoid the daily fines and immediately fire off a letter or have your attorney do so to put the association on notice that you are not going to take this lying down. The mere introduction of a letter and threat of a possible law suit may open up the doors to arbitration and mediation. I know that is it galling to have to park your own motor home away from your own legally owned property, but it may save you money if a judge rules like mine did...

Just my humble opinion and experiences....

Faith in Massachusetts

ShabbyChic · 03-14-2011, 12:46 PM

Quote:

Originally Posted by fansill

I am not sure what state you are in but here is my two cents worth. I am an attorney in Massachusetts and recently tried a case in this state with similarities. My client came to me after he had received an invoice from his condominium association for an "emergency" repair that they claimed had to be performed on a condo he owned and had rented to a tenant. Unfortunately, he refused to pay the bill after sending a letter stating why he felt the repair and subsequent invoice was unnecessary and exorbitant. The situation went on for months until he called me and although he continued to pay his monthly association fees, the unpaid repair bill kept rolling over and in his bylaws, they were able to charge extra fees and interest on the original small amount. Long story short, the final outcome was that the amount had increased from $850 to almost $8000 with fees, fines, interest, and the association's legal fees.

Even though the judge thought that the actions of the association were outrageous, he stated that the by-laws gave the board of directors the authority to impose all of the many stupid fees and fines. He reduced the final settlement amount greatly but my client still had to pay the original amount plus the legal fees and some of the interest. His final advice to myself and my client is that he should have paid the original amount and then fought after the fact to avoid the additional fees. He then added that if my client believed that the original action of the association was improper, then he, with legal counsel should now sue the association for the original actions and then take a very careful look at the by-laws and verbage of the association rules. He felt that we may be able to find inconsistancies in the way that the association and directors force compliance and that could be construed as harrasment or at the very least the rules and ordinances could be considered to be extremely heavy handed and simply unenforceable due to their nature of being against public policy. I am now in the middle of just such an action, representing my client against the condo association and the board of directors on a number of charges, not the least being harrassment and discrminatory action.

That being said, I would probably advise you to temporarily move the coach to avoid the daily fines and immediately fire off a letter or have your attorney do so to put the association on notice that you are not going to take this lying down. The mere introduction of a letter and threat of a possible law suit may open up the doors to arbitration and mediation. I know that is it galling to have to park your own motor home away from your own legally owned property, but it may save you money if a judge rules like mine did...

Just my humble opinion and experiences....

Faith in Massachusetts

Not sure if this was address to me but I going to answer it anyways. I live in Florida, manatee county. Already planning to move it this week. Heres the real kicker, I recently bought a new car, and I went to the HOA for a new gate stcker, and they refused to issue me one until the MH is removed. These HOAs are nuts. I wish I had 2 more MH to move onto my driveway

4Knights · 03-14-2011, 04:32 PM

I wish I had 2 more MH to move onto my driveway

[/QUOTE]
Abounds like an open invitation? If the wife and I drive to Florida I know I have a place to stay!

. Any thoughts on having a rally in your yard?

Ron

Chuck 1935 · 03-14-2011, 04:46 PM

This is the reason I can't live near other people. Attorneys and Home Owner Associations. They will take years off your life.

ShabbyChic · 03-14-2011, 06:23 PM

Quote:

Originally Posted by Chuck 1935

This is the reason I can't live near other people. Attorneys and Home Owner Associations. They will take years off your life.

I hear that. Hindsight

ShabbyChic · 03-14-2011, 06:29 PM

Quote:

Originally Posted by 4Knights

I wish I had 2 more MH to move onto my driveway

Abounds like an open invitation? If the wife and I drive to Florida I know I have a place to stay!

. Any thoughts on having a rally in your yard?

Ron

[/QUOTE]

I live at the end of the cul-de-sac how many can we fit, if only I had the guts

fansill · 03-15-2011, 05:31 AM

Quote:

Originally Posted by Chuck 1935

This is the reason I can't live near other people. Attorneys and Home Owner Associations. They will take years off your life.

HEY...I am offended by that remark...!!! I am one of the good attorneys...You know public service, helping the little guy, tilting at windmills, and all that stuff...

wa8yxm · 03-15-2011, 09:08 AM

I know you did not ask for advice but I will still give you some, IN fact this is the ONLY legal advice I can legally give:

It sounds to me like you need professional help.. Please call a lawyer who specialists in this kind of thing. I feel such a lawyer may well be able to help you, IN fact given all the grief you have suffered, he may be able to really help you. But you got to make the call first.

With any luck your lawyer will present to the HOA as the firm of Ben Dover and C. Howit Feels. and not to you as Dewy, Cheatum & Howe. (in short pick carefully)

IF you wish I can give you my joke on how to pick a lawyer.

StStg1 · 03-15-2011, 09:36 AM

I had a situation with my TT. The first TT I purchased was 25ft. I wanted a place to park it other than my driveway. I poured a seperate slab for it. The slab was permited by the city. All went fine untill I traded up for a 30ft TT. The city code inspectors came by. They thought someone was living in the TT because I keep it pluged in. I showed the inspector that no one was living in the TT and we only keep it pluged in to keep the frig running and for elec heat when the weather turns realyy cold. Before the inspector came I checked the city code and found that I could park a trailer with living elements ( kitchen, bath, etc) in the permitted space. He asked how long the TT was and I told him it was 30 ft from bumper to coupler and I offered to measure it for him. He declined and told me it seemed ok and that I was not blocking the sidewalk or view of the cross street. He left. That's been 2 years agao and no other problems.

OLYLEN · 03-15-2011, 09:48 AM

Does anyone read the CC&R's before they purchase? I have been on both sides of this issue there is no easy way out. Just because the builder said yes and a group in your favor wrote a letter saying yes if the covenants or CC&R's have not been changed they rule. Most States say they must be renewed every X years if they have not over the 40 years well they are no good. But if they are enforcible you most likely barking up a tall tree.

LEN