Community Forums

Dmiles · 10-05-2009, 07:55 AM

I do agree that the talk of pigs and chickens was way off track. I mean if you want to talk about having pigs and chickens in a subdivision, open a new topic in the off topic forum. It's got nothing to do with RVs.

Right now, I'm waiting to see their response to my email. If they insist on enforcing the regulation on an RV that no one else can even see, I'm going to put the house on the market. I will exersize my right to be a thorn in their side by exploiting the vague language in the rules, and documenting the selective enforcement. The way I see it, enforcing the rule on a person who's RV can not even be seen while letting another resident park a boat on the street is a real problem for them.

Once I have sold my house, they have no power over me whatsoever, and we'll let a judge sort it all out. The fact is, everyone would be much better off if they just let the dispesation stand. But if they insist on picking this fight, I have no choice but to respond.

I feel like I'm back on a grade school playground at recess.

mythplaced · 10-05-2009, 07:59 AM

Quote:

Originally Posted by robert h

.......if you take the HOA to court you hire an attorney which you pay; The HOA hires an attorney which you pay with an assesment; so your really sueing yourself and paying both attorneys.

BWAHAHAHA..<rubbing hads together greedily>

Now THAT is the point!

The "Law" best serves those who profit from the legal system, not those who seek justice...

chasfm11 · 10-05-2009, 08:28 AM

Quote:

Originally Posted by TXiceman

The problem is an HOA can be a useful thing in keeping an area looking good and keeping property values from dropping. But they need to be controlled and run by people that are sane. The "Yard Nazi" mentality is not good for most folks and they resent this attitude.
Ken

Ken, I have two points about your comments.

First, while many might believe it, I've never found a good example of an HOA keeping neighborhood values high. Values are driven by the marketplace, not by overzealous control committees. Our experience on both ends of trading houses underscores my point. We bought a HOA controlled house in 1987. In spite of Yard Nazi enforcement, that house dropped in value. Comparable non-HOA homes in that same city appreciated in value. When we bought our current place (non-HOA controlled), I was a bit concerned. There were lots of neighbors with junky yards. The property, in spite of the housing downturn, has continued to appreciate. Houses in the neighborhood continue to sell without problems.

Second, it is my opinion that less than half of the HOAs in this area have BODs with sane approaches. That means that insanity (yard Nazi) is the rule, not the exception. I agree with others that the control freaks seem to gravitate to HOA BODs.

Lastly, our uncontrolled area is only one street wide. All of the homes have an acre of ground or more, many with 2-3 acres. Right next door is an HOA development where there are always fights and people moving because of conflicts with the HOA. Life is just too short for that kind of thing. If I need an HOA to be that active to maintain my property value, I'm living in the wrong place, RV or no RV. My old HOA would throw a fit if they saw my current place. I have the MH and sailboat parked on the lot. We get along great with all of the neighbors who have no problems with my "toys."

RustyJC · 10-05-2009, 08:44 AM

To me, it all boils down to this:

1.) If you don't want rules, don't buy property in an HOA neighborhood.

2.) If you buy property in an HOA neighborhood and agree to the rules at the time of purchase, then cowboy up and abide by them. If you can't or won't, sell and then see 1. above.

We've lived in our HOA neighborhood for 12 years and have yet to receive the first "nastygram" from the HOA. Wonder why that is???

Rusty

mythplaced · 10-05-2009, 09:56 AM

Quote:

Originally Posted by RustyJC

.....We've lived in our HOA neighborhood for 12 years and have yet to receive the first "nastygram" from the HOA. Wonder why that is???

Most likely answer....

You haven't done anything that the "board members" or one of your "neighbors" finds offensive.

But just as soon as you do...All bets are off. Doesn't matter if it is in your convenants or not.

End of story.

RustyJC · 10-05-2009, 10:13 AM

Quote:

Originally Posted by mythplaced

Most likely answer....

You haven't done anything that the "board members" or one of your "neighbors" finds offensive.

But just as soon as you do...All bets are off. Doesn't matter if it is in your convenants or not.

End of story.

As I stated earlier, our HOA is self governing. We don't sub-contract to a HOA management company. By and large, our HOA directors (elected from the 16 sections of our 2,651 home subdivision for a 2 year term) are reasonable and responsive to their constituents. Any modification to any section's deed restrictions requires a majority vote of that particular section, and there have been none in the 12 years we've been there.

I find that much of life is what we make of it. We knew the rules when we bought our property, and we do our best to be good neighbors. I daresay that's the primary reason we enjoy where we live and have an excellent relationship with our HOA. Frankly, I don't see that changing, but if it does, then I'll take my own advice, sell and move.

Rusty

TXiceman · 10-05-2009, 10:21 AM

While I was on the BOD at our POA, the only problems we had were people wanting to enforce the rules the way they wanted them written...not what was in the legally recorded CC&R's. In Texas, the CC&R's are not the easiest things to enforce. Your only recourse is via civil suit against the offending property owner. This can get expensive for the POA as we never found a lawyer that would work for free. You as an individual can file suit against the offending property owner as well.

The only reason I ran for a position on the BOD was to get some sanity back in the group. We managed to get the Nazi mentality members off the BOD and got life back to normal. The CC&R's were reasonable and acceptable to most everyone. The problem came when the Nazi group decided to "expand" the rules to cover their views and aggenda. We had a couple of property owners that had the $$$ to take it to court and the POA lost and wound up paying the property owners legal cost as well as our own...cost everyone in the subdivision because of a couple of misguided folks.

Charlie, A POA or HOA can be a good thing, but it can as well be a bad thing. I found the best solution was to just stay away from them. They can go overboard on control when they require you to get color approval for the front door or you get letters about your grass being too tall because it was not mowed recently due to heavy rains.

Rusty, I bet if you parked your 5er in your drive for a few days, you would be hearing from the HOA. You can park it in my drive an I would be the only one to complain as it would have me blocked in or out.

Ken

CoastieSCPO · 10-05-2009, 10:30 AM

We live in a development with a POA and a very active property control committee that is always trying to tighten the rules that they are charged to enforce. Fortunately, we have a board that exercises adequate control on the committee and ensures that their decisions are fair and according to the rules, bylaws and covenants.

That being said, guess what the number one topic of discussion regarding the control committee is........RV's! I have been a board member for four years now, and begin another two year term this month. I remain on the board for one reason and that is to have a vote in matters that concerns me, especially RV's......and to do my part in controlling the Condo Commando mentalilty that rears it's ugly head every once in a while. And so we're clear....I do this not for power or to feel important, believe me I'm not that sort of guy, so please don't go there!

Bob

RustyJC · 10-05-2009, 10:36 AM

Quote:

Originally Posted by TXiceman

Rusty, I bet if you parked your 5er in your drive for a few days, you would be hearing from the HOA.

Ken,

I guess I don't understand the point you're trying to make. There's a 48 hour limit on having an RV in the driveway. We've done it before - Sandy called the HOA office before we brought our previous Jayco Designer 3610RLTS home from the dealer on Friday afternoon to check out and load up, then we took it to the storage lot on Sunday afternoon. Not a problem. (In fact, our non-RVing neighbors came over out of curiosity and wanted the full-blown tour!)

If I parked the RV in the drive for more than 48 hours, I would expect to hear from the HOA as I'm in violation of my deed restrictions. So, I don't do it. Therefore, no problem.

Rusty

Always-RVing · 10-05-2009, 10:43 AM

You must abide by the agreed HOA rules, Covenants, Conditions, and Restrictions unless they are in conflict with local, community, state or federal laws. If the HOA retrictions are in conflict, of course higher laws will override the HOA.

mythplaced · 10-05-2009, 01:23 PM

Quote:

Originally Posted by Batman_777

..... If the HOA retrictions are in conflict, of course higher laws will override the HOA.

Would it be that this was so, but alas, it is not.....The restrictive covenants can not be "less restrictive" than any city, county, state, or federal statutue..

BUT

They CAN be "more restrictive"..(which is where the problem lies)

melvonnar · 10-05-2009, 01:40 PM

Quote:

Originally Posted by mythplaced

BWAHAHAHA..<rubbing hads together greedily>

Now THAT is the point!

The "Law" best serves those who profit from the legal system, not those who seek justice...

The attorneys love these HOA s; It's like money in the bank; win or lose they get paid.
There was a man (according to the tampa paper) has over $100,000 in legal fees because his grass was brown; even though he wasn't allowed to water it; The HOA had a similar bill racked up in legal fees.
Question?
who do you think made out in this battle?

The advice still stands sale and move; I just wish I had 40 years ago.

melvonnar · 10-05-2009, 01:46 PM

Quote:

Originally Posted by mythplaced

Would it be that this was so, but alas, it is not.....The restrictive covenants can not be "less restrictive" than any city, county, state, or federal statutue..

BUT

They CAN be "more restrictive"..(which is where the problem lies)

They CAN be "more restrictive"..(which is where the problem lies)[/QUOTE]

True' True; TRUE;; The HOA can make up its own rules ----AND THEY WILL STAND UP IN COURT------
I've been there so I should know; don't let anyone tell you different.

Bagger97 · 10-05-2009, 02:58 PM

We live in an HOA controlled community that up until recently allowed RV's as long as the were screened from public view. The [moderator edit] that control the HOA decided that wasn't good enough so when the first phase CC&R's came up for renewal (after 20 years) they voted to change the rule to nothing higher than the 6 ft fence. We have until 2014 for our phase to vote on this. Hopefully our side will have [moderator edit] to stand up to the board and "just say no"