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Old 10-04-2009, 09:25 AM   #15
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If all of the homeowners are upset about the rules, the rules can be changed. The BOD can also be removed if most of the homeowners are upset with the Board Members. That being said, if the majority of the Homeowners agree with the BOD, then you are out of luck.

I have found that money is a good way to get their attention. I live in a sub with a HOA that has 58 homes. When the BOD harasses me which they do and which I deserve, I make their life difficult. I have had issues that I have tied them up for years and run up their legal bills while mine were limited. The other owners get tired of the costs and start to complain to the BOD and they back off, it has worked several times. The last episode cost them over $30,000.00 and my costs were $600.00 plus 1/58th of the $30,000.00.

In many cases, especially in Florida, the people who are willing to run and be on a board are the people who never had any power in life and want to feel important. This same type of personality can lead to problems. I actually lived in one place where the board wanted to dictacte what type of flower pots you could have on your private patio!

Now, if I feel that the majority of the other owners side with the BOD, I back off and behave. Many may say that I am the real problem and I may very well be, however, I have always been one to fight the fight that others were unable or unwilling to fight. Someone has to be the voice of reason in a crazy world.
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Old 10-04-2009, 09:27 AM   #16
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Most of the HOA people are of the type that are happiest when they are running everyone elses lives. So you will need to find a leagal way to battle them, move the RV or move to a different location.

I served on the board and as board president one place we lived and NEVER again. It was just a hand full of people that made life miserable for the others.

We choose to live on acreage with minimal restrictions. People park their boats, horse trailers and RVs on their lots. I can put up my ham radio antennas and no one really cares.

Like Rusty said, pick your battles carefully.

Ken
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Old 10-04-2009, 09:55 AM   #17
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It maybe just possible that other home owners purchased in your neighborhood because of the HOA board and its' restrictions. Perhaps they would like to protect their property values from those who have no regard for the rules. Just sayin'.

Best...Jack&Rita
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Old 10-04-2009, 10:09 AM   #18
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On my commute to work, I drive through a subdivision where the HOA stopped enforcing the rules. Many wood fences are falling down. Junk cars are parked in and next to driveways - some on concrete blocks. One individual raises turkeys in his back yard. I can only imagine how far the property values have dropped in that area.

I guess we're lucky. Our subdivision (2,651 homes) by and large has a good, responsible HOA. We're self-governing (meaning that we don't employ a management company), and the architectural control committee takes a common sense approach insofar as balancing property owner requests versus maintaining appearance (and, thus, property values). And, yes, we bought here because of the deed restrictions - Harris County (Houston & surrounding area) doesn't have zoning, so the only way you can control the environment in which you live in our area is through deed restrictions. It's not unusual to see million-dollar plus homes in rural Harris County with crumbling double-wides with a pig pen in the back as their next door neighbors.

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Old 10-04-2009, 10:29 AM   #19
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While this may or may not apply.. I know of a case where a city granted a variance (A form of dispensation) to a ham radio operator allowing him to build a tower that was taller than the city ordiances normally allowed.. But they made it temporary and required he renew it every few years..

Well, they renewed, and renewed again then some eagle eyed idiot noticed the tower was taller than allowed and pitched a female canine (look up words that rhyme with Witch) and they denied his renewal

Well. Off to the judge who said: If you grant a variance to build something, once it's built, you can not take the variance away..

And his tower still stands today.


You may need to hire a lawyer.. but once you were granted dispensation... It should "stick" and not be revocable.

Personally.. I'd like to tell many HOA's where to stuff it, but alas.. That would do no good as there is no HOA where my stick house sits. (if you want an HOA free house.. In Detroit, only fifty grand.. Complete with an RV parking site,, Power, Swere and nearby water, ...... (I'm sure you don't or I'd not post this))
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Old 10-04-2009, 11:10 AM   #20
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Some advice works; some don't; there was a partation to get rid of our management firm; was signed by most of the homeowners; The management firm just ignored it. please don;t advise hiring an attorney, won't work unless you have realy realy deep pockets; checked into that; $250 an hour with a $3400 retainer up front,. cheaper to just pay the protection money. (thats what I'm doing). I'm nearly 80 so how many years do I have left; do the math; I'm money ahead paying the protection money.
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Old 10-04-2009, 11:29 AM   #21
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Quote:
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In many cases, especially in Florida, the people who are willing to run and be on a board are the people who never had any power in life and want to feel important. This same type of personality can lead to problems.
Jim, bingo, you nailed it. The officer that was in place before was actually a normal person, believe it or not. She sent me a letter of violation, and I responded with a plea for some common sense.

She came out to our house, saw that my neighbor and I are 2 of only 4 houses in the subdivision that have double lots. The vacant lots are next to each other on a cul-de-sac. You actually have to drive to our cul-de sac and go to a certain part of the circle to even see my RV. She took all this into account, and immediately granted the dispensation, and the issue was resolved. And yes, the dispesation is in writing, but can be revoked if a neighbor complains.

We now have a new sheriff in town. I will wait to see her response to my email before I pass judgement, but it looks like we have the personality type which you describe.

There is, as always, more to the story....

There is language in the by-laws that state that the RV can not be parked on my lot for more than 48 straight hours. So, I could remove the RV, drive down the street, turn around, and boom I have a new 48 hours. The onus would be on the HOA to prove I ever had the RV on my lot for more than 48 hours if they decide to take action.

The HOA provides an "RV lot" but they do not have a space big enough for my rig. My wife doesn't drive, and I don't own a car that I can tow. This presents a real hardship that I'm not willing to deal with if I have to store the RV any distance away. This, along with the fact that no one can see the RV where it is parked are the major reasons the dispesation was granted.

There are other RVs in neighbors yards, and I have another neighbor that parks his boat on the street, a glaring violation which could actually cause problems for others. They have a problem with selective enforcement.

I have a college buddy who happens to be an attorney. His recommendation is this, and I think it is how I will proceed. If they decide to play hard ball, just sell the house and send them documented communication that I am being forced to sell at a loss because of their unreasonable, selective enforcemnt, and the hardship presented to me because of the inadequate RV lot.

After the house is sold, he will bring a lawsuit seeking damages equal to the difference in what I paid for the house, and what I was able to get after being forced to sell in a down market. He said frankly we may not have a case, but we would be putting in the hands of a judge, and you never know what some of these guys (gals) may do. Heck I could easily get a judge who hates these HOAs, maybe even an RV owner! If we lose, very little skin off my nose. If we win, the award goes to the American Cancer Society. We will see what happens.

I really appreciate all the replies, but I wish we could stop the references to having pigs and chickens in our yards. That's rediculous, and has nothing to do with my situation.
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Old 10-04-2009, 11:33 AM   #22
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The Good Sam Club offers help to RV owners on issues such as you may have. Take a look at their RV Parking Rights Manual.
Thanks for that link...very interesting.
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Old 10-04-2009, 11:35 AM   #23
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Pay close attention to some of the words commonly used; Storage, Parking, RV not Motor Home, registered vehicle not a trailer, commercial.
Indeed, there is language in there about no more than 48 straight hours, and also about the visibility of the RV.
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Old 10-04-2009, 11:38 AM   #24
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Enjoy full-timing.
I'm sure we will, maybe sooner than later.
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Old 10-04-2009, 11:42 AM   #25
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I really appreciate all the replies, but I wish we could stop the references to having pigs and chickens in our yards. That's rediculous, and has nothing to do with my situation.
Not really. Both are prohibited by the HOA rules, right? Why is it OK for you to violate the rules that were in place when you bought the house and when you bought the RV but not OK for your neighbor to bring in the pigs and chickens?

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Old 10-04-2009, 12:02 PM   #26
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Not really. Both are prohibited by the HOA rules, right? Why is it OK for you to violate the rules that were in place when you bought the house and when you bought the RV but not OK for your neighbor to bring in the pigs and chickens?

Rusty
Comon Rusty get real. You trying to start something here that doesn't exist.
chickens and pigs? I'd rather have that than the HOA that I got.
For all the rules that are in place daily; I don;t care who you are; you will brake at least a dozen a day.
Question?
you drive a car? how fast do you drive? you always obey those 35MPH speed limets? I bet not; this is only one of dozens of rules the each one of us break daily.

Common sence is the best rule there is and some HOA's have none of that.
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Old 10-04-2009, 12:12 PM   #27
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Comon Rusty get real. You trying to start something here that doesn't exist.
I'm very real! As I stated earlier, I live in a deed restricted community where the rules say that I can't park an RV on my property. I knew that when I bought the home. So, what gives me any more right to violate that rule than my neighbor bringing in the pigs and chickens? If I want to park an RV on my property, then I need to sell and move to another neighborhood where that's permitted.

Looks very black and white to me.

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Old 10-04-2009, 12:14 PM   #28
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The chicken issue is real.

It happened here a couple of weeks ago.

When you buy property covered by a HOA, you agree to abide by their rules whether you like them or not.

Your legal standing is greatly reduced by you signing your rights away upon purchase and that makes it so difficult to prevail.
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