HOA Manager, A Loose Cannon? (Phoenix: condo, crimes, home)

[Zippyman]

Originally Posted by rational1

It does appear that they are using expired registration as an indication that a vehicle is inoperable.

> if it isn't worth buying a plate for, it isn't something your neighbors should have to look at.

Freedom from junkers in the driveway, in the street, (or in the front yard!) is one of the best reasons for having an HOA.

I know there are those who disagree...but you've got other places you can live.

Phoenix's city ordinances prohibit unlicensed, inoperable & disassembled vehicles, no hoa needed.
Car covers also won't work.
Buy a plate, or sell the car.

[Bummer]

Originally Posted by Zippyman

Phoenix's city ordinances prohibit unlicensed, inoperable & disassembled vehicles, no hoa needed.
Car covers also won't work.
Buy a plate, or sell the car.

Makes sense to me . . .

Besides, a Car Cover would only draw more attention to the fact that the vehicle is not only unregistered and inoperable plus more than likely uninsured. Definitely a safety and liability concern.

If this vehicle is so "treasured" then it must be worth a simple registration or, if that's not possible, a storage facility.

[jimj]

Our next door neighbor currently has a newer Hyundai SUV sitting in his driveway that's been sitting there for months now. No plate, dirt and leaf covered and hasn't moved since it was brought with a tow truck. Definitely against the CC&R's yet it's still there. I don't have an issue with the car itself, it certainly doesn't look like a junker BUT I do have an issue with all the dirt,leaves etc that cover this car especially when the wind blows and the loose stuff blows all over our yard not to mention that even though it's newer it still looks like crud being left like that.
Kind of makes the rest of the houses look bad.

[stevek64]

Originally Posted by jimj

Our next door neighbor currently has a newer Hyundai SUV sitting in his driveway that's been sitting there for months now. No plate, dirt and leaf covered and hasn't moved since it was brought with a tow truck. Definitely against the CC&R's yet it's still there. I don't have an issue with the car itself, it certainly doesn't look like a junker BUT I do have an issue with all the dirt,leaves etc that cover this car especially when the wind blows and the loose stuff blows all over our yard not to mention that even though it's newer it still looks like crud being left like that.
Kind of makes the rest of the houses look bad.

If it's against the CC&R's to have such a car sitting like that and the HOA isn't enforcing the rules, sounds to me like the HOA isn't doing its job. In addition, it's not fair to those who are following/playing by the rules.

I think a call to the HOA to make them aware of the situation would be more than appropriate as this directly impacts you, not to mention your neighbors. Rules exist for a reason and some of your HOA dues are paying salaries to those who are suppose to enforce the rules.

Good luck!

[nightnurse613]

It might be hard to explain how you know a covered car is unregistered. Maybe you lost your license because you were drunk driving or maybe you bought it for your daughter who doesn't have her license quite yet or maybe your engine blew and you're having a lengthy discussion with the dealer whether it's a warranty issue. Of course, it wouldn't hurt to take a hose and a leaf blower to it - unless your HOA also prohibits washing cars. On the other hand you may be paying hundreds of dollars to your HOA a month and their property manager isn't doing their job. [MOD CUT-off topic]

[jimj]

Originally Posted by stevek64

If it's against the CC&R's to have such a car sitting like that and the HOA isn't enforcing the rules, sounds to me like the HOA isn't doing its job. In addition, it's not fair to those who are following/playing by the rules.

I think a call to the HOA to make them aware of the situation would be more than appropriate as this directly impacts you, not to mention your neighbors. Rules exist for a reason and some of your HOA dues are paying salaries to those who are suppose to enforce the rules.

Good luck!

You're right, it's not fair and no, they're not doing what they're supposed to do. As for the management company, they've just started a policy of not responding to any homeowners anymore. Waiting for the next meeting to get some answers but I'm not holding my breath. Last meeting somebody raked 'em (management company rep) over the coals about not getting any responses and believe it or not did not get any then either.
Even if letters go out nothing is done, heck I could get a stack of 'em and the only thing that'd happen is I'd have a stack of scratch paper.

[Kentstate57]

Originally Posted by jimj

You're right, it's not fair and no, they're not doing what they're supposed to do. As for the management company, they've just started a policy of not responding to any homeowners anymore. Waiting for the next meeting to get some answers but I'm not holding my breath. Last meeting somebody raked 'em (management company rep) over the coals about not getting any responses and believe it or not did not get any then either.
Even if letters go out nothing is done, heck I could get a stack of 'em and the only thing that'd happen is I'd have a stack of scratch paper.

But remember your management company is billing your HOA for each and every letter they send out. Whether they follow up or not. That's their frosting over the contract.

[Zippyman]

Originally Posted by nightnurse613

It might be hard to explain how you know a covered car is unregistered. Maybe you lost your license because you were drunk driving or maybe you bought it for your daughter who doesn't have her license quite yet or maybe your engine blew and you're having a lengthy discussion with the dealer whether it's a warranty issue. Of course, it wouldn't hurt to take a hose and a leaf blower to it - unless your HOA also prohibits washing cars. On the other hand you may be paying hundreds of dollars to your HOA a month and their property manager isn't doing their job. [MOD CUT-off topic]

Phoenix's city ordinances prohibit cars under cover, makeshift shelters, blue tarps and the like because all of those games have been played before. If your neighbors have to look at it, it needs a plate. To the poster in an hoa community, city/county rules still apply in an hoa community, so if the hoa is worthless, perhaps the government can help.

[IC_deLight]

Sounds like the HOA management company is claiming the CCRs give it authority to enforce local government laws and that just isn't the case.

Inoperable is not equivalent to unlicensed or unregistered. If there are private streets, the HOA could probably remove them. If this is your own driveway and the car is "operable" but not licensed, don't see how the HOA management company can rely on an "inoperable" clause to engage in trespass to your real property to engage in trespass/conversion of your personal property (i.e., car). The purported authority is limited to inoperable vehicles only.

[Zippyman]

Originally Posted by IC_deLight

Sounds like the HOA management company is claiming the CCRs give it authority to enforce local government laws and that just isn't the case.

Inoperable is not equivalent to unlicensed or unregistered. If there are private streets, the HOA could probably remove them. If this is your own driveway and the car is "operable" but not licensed, don't see how the HOA management company can rely on an "inoperable" clause to engage in trespass to your real property to engage in trespass/conversion of your personal property (i.e., car). The purported authority is limited to inoperable vehicles only.

Unregistered = not legal to operate = inoperable.

It isn't the hoa enforcing the city's laws, they're enforcing deed restrictions that the property owner agreed to at the time of purchase. The city can enforce its ordinances, the hoa can enforce the cc&rs, and they can both exercise that authority at any time.

It's kinda simple, and more than fair, if you've ever had to look at a neighbor's junker before.

It goes both ways though - I have personally been cited for an "abandoned" vehicle parked in my old city... It was ugly, but it had plates & ( incredibly expensive!) insurance & was driven every day. The cop wasn't happy, but my ugly, rusty, drippy old pickup was just as legal as my neighbors caddy. I wasn't in the mood to buy anything "pretty" just to have it stolen, so I drove the ugliest car on the block.

As far as your "rights", and "trespassing", it's covered in the cc&rs everyone signs when they buy the property. The cc&rs likely go much further than you suspect, I know my own cc&rs prohibit leaving my garage door open "any longer than is necessary to enter or leave the garage". Lots of little gems in there, read 'em and weep. Those are rights that you surrender when buying a property in a hoa neighborhood. If anything or any area of your property can be seen from any other property in the neighborhood, it's subject to the rules.