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Old 01-15-2012, 09:34 AM
 
10,090 posts, read 7,763,936 times
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Quote:
Originally Posted by Mohtalim View Post
Post a Craigslist ad in "Free Stuff" with a description of the vehicle and situation and I'm sure someone will solve your problem for free!

That or if the vehicle is unlocked, shift to neutral and push it to block his driveway.
lol, I'm tempted many times to stoop to his level, but I'm trying not to. Don't think I don't want to gather as much house manure as I can and plop it in his toilet.

I'm a true believer in karma and one way or another it will work out but I do love hearing these ideas.
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Old 01-15-2012, 09:35 AM
 
2,261 posts, read 5,841,942 times
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Quote:
Originally Posted by shamrocker View Post
I don't quite agree with what you said here (and echoed), Noodles. If the HOA doesn't have the ability to levy fines, there isn't much you can do as a community except make an amendment. I am on my HOA board and we have the same issue. There is no law against parking on our streets (except to do it properly) and we have no way of enforcing our no-park rule, even if we wanted to. The HOA board could speak with owner, that would be the least you could expect.

How many times have you presented this issue at the your community meetings? It's possible to make changes to those covenants, but it can be difficult, and it can also be a double edged sword. The HOA can't do anything it pleases, there are written rules that guide their actions. The attitude of "I pay you, and you don't do crap for me" is way too common these days. The people who serve your HOA are most likely volunteers, and your dues pay for the necessary expenses of running the neighborhood: power, landscaping, insurance, taxes, management, etc.
I guess I didn't understand that the HOA doesn't have the ability to fine ppl for infractions, kind of makes it silly to have an HOA IMO, if they can't enforce the rules with any type of leverage. this is not the case in my subdivision.
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Old 01-15-2012, 09:55 AM
 
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Quote:
Originally Posted by NoodlesKnowles View Post
I guess I didn't understand that the HOA doesn't have the ability to fine ppl for infractions, kind of makes it silly to have an HOA IMO, if they can't enforce the rules with any type of leverage. this is not the case in my subdivision.
NoodlesKnowles, this was my feeling on it too. Believe me I was so frustrated with our HOA for this. I had no idea that an HOA could have rules and regulations but not enforce. I wondered why we paid fees then. Was it just for the pool and tennis courts and lights? I never thought that an HOA couldn't fine people for doing things within the neighborhood that they shouldn't be doing. I mean why in the heck have an HOA? I complained to my HOA and to our management company.

I've learned a lot this past year. Some HOAs can enforce penalties and some can't. Mine couldn't but they are working on getting that amendment so that they can.

I even called a friend I know that was an HOA president in the past to ask him. He said with my situation, that my HOA can do something. An HOA will have an attorney. The HOA will have to hire him to take my case. The HOA may not be set up to fine him but their attorney can take him to court.

I had to take pics of my neighbor and his wrong doings. After I had my evidence I had to present it to the HOA attorney to review to see if we had a case. They determined that we did. At the time I did not want to go to court and face my neighbor so the attorney hired their own private detective to get their own evidence. This case is on the books now awaiting a trial date.

I did present all my evidence to zoning and they too determined I had a case. Unfortunately I will have to show up with my evidence in court. At this point and after all I've been through I said "Bring it on". We had court date of Halloween but his attorney wanted a change of venue so it was put back on the books awaiting another court date at different court house.

This guy was sent 2 prior letters from our management company to cease and desist running his business from home. Those letter went ignored. Then the attorney sent a letter with a date that he was to cease and desist. Neighbor ignored.

Zoning went to his house. Presented him with a letter to cease and desist and he tossed it on the ground and said "This is America and I can do what I want". Zoning later presented him with yet another letter and ticket.

All letters sent by management company, HOA attorney and zoning were pretty much ignored and laughed at. Thankfully zoning decided to throw the book at him with the highest possible fee and a date that he needs to report to their office. He went and now there is a court date set for that....probably will happen this month.

I started fighting this back in February of last year. So it's been a while and lots of stress with getting no where. Nothing happens quick when dealing with things like this.

Last edited by diddlydudette; 01-15-2012 at 10:14 AM..
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Old 01-15-2012, 10:37 AM
 
Location: Winston-Salem
4,218 posts, read 8,529,957 times
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Our HOA has a prohibition against on-street parking overnight with (I believe) a $25 fine per occurrance. If the fine is not paid, it can be converted to a lien that would have to be paid when the home is sold. Same with other fines and unpaid HOA dues. Our HOA has a fantastic record for up-to-date HOA dues & fines. Just about the only unpaid dues that were never collected to date was a home that went into foreclosure.

If your HOA board (and members) really wanted to implement fines, it could with by-laws or covenant amendments.
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Old 01-15-2012, 12:02 PM
 
10,090 posts, read 7,763,936 times
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roadpony thanks for that info. You're lucky. Hopefully by mid year, our HOA can do the same. This whole thing has been a learning experience for me.

UPDATE: Toilet is now gone!!! Hallelujah!!!!!

This is Greenville County policy on abandoned vehicles:

Abandoned Vehicles

Question
What do you do about abandoned cars, trucks, and vehicles?

Answer
The Codes Enforcement Division enforces the standards for abandoned or dismantled vehicles on private property. The Sheriff's Office enforces the standards for abandoned or dismantled vehicles on public property.

Question
What is the definition of Abandoned Vehicles?

Answer
Any vehicle which meets one or more of the following criteria:

* Not in working order
* Lacks current legal registration
* Lacks equipment to operate (dismantled)

Question
What does the County do with abandoned vehicles on private property?

Answer
If there are abandoned vehicles on private property, the owner of that property will be notified to have the vehicle removed, place the vehicle in a completely enclosed building, or bring the vehicle up-to-date by obtaining current tags, and making the vehicle operable.

Question
What does the County do with abandoned vehicles on public property?

Answer
Abandoned vehicles on public property are referred by the division to the Sheriff's Office.

--------------------------

Wouldn't the van that awaits repossession be an abandoned vehicle (no tags, auto insurance, etc). It is parked out on the public street. I don't understand why sheriff says not their case.
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Old 01-15-2012, 03:24 PM
 
Location: home state of Myrtle Beach!
6,896 posts, read 22,526,677 times
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Quote:
Originally Posted by diddlydudette View Post
Wouldn't the van that awaits repossession be an abandoned vehicle (no tags, auto insurance, etc). It is parked out on the public street. I don't understand why sheriff says not their case.
Im sure you have but I'm going to ask anyway. Have you talked to the Sheriff and not a Deputy?
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Old 01-15-2012, 04:34 PM
 
10,090 posts, read 7,763,936 times
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Quote:
Originally Posted by myrc60 View Post
Im sure you have but I'm going to ask anyway. Have you talked to the Sheriff and not a Deputy?
No I haven't. The prior 2 times I called the sheriff's office they gave no hint that they don't handle this. They came out and my neighbor was told to move his vehicle.

Even the zoning official gave me instruction to call the sheriff's dept.

This last incident was the first I've heard that it isn't their responsibility. I'm thinking perhaps the officer that came out is perhaps a rookie or just not up to par on who exactly would handle. I may have to call back.

I didn't know if someone of this board might know before doing that though.
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Old 01-15-2012, 07:13 PM
 
Location: United State of Texas
1,707 posts, read 6,210,579 times
Reputation: 2135
Quote:
Originally Posted by diddlydudette View Post
Zembonez, it is my business when I'm trying to sell a home.

It is MY business when I can hardly get out of my driveway and all prior requests have been ignored.

There are HOA and zoning laws and rules for a reason. Have a little respect for those living around you and they in turn will have respect for you.

We'll just have to disagree with this issue.

Lol Doobster1, there is always that.
Fair enough! You do have to realize we can't see exactly what is going on and most stories people tell about this stuff are a tad one sided. I hope you get it worked out. Neighbor issues are not fun.
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Old 01-15-2012, 07:48 PM
 
10,090 posts, read 7,763,936 times
Reputation: 8572
Thanks Zembonez. That was nice of you to come back and say that. I appreciate it.
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Old 01-16-2012, 12:37 PM
 
Location: United State of Texas
1,707 posts, read 6,210,579 times
Reputation: 2135
Quote:
Originally Posted by diddlydudette View Post
Thanks Zembonez. That was nice of you to come back and say that. I appreciate it.
Well... sometimes it's easy to jump to the wrong conclusion in here. Flat words on a screen don't always get the point across.
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