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To this day, I do not understand why anyone would willingly restrict their own freedoms, and pay for it!
This is the height of stupidity as far as i'm concerned. In America, I cherish my freedom. I do not respect the perceived right of someone to come tell me I can't put a flag or political sign up, that I must fix a dead spot in my grass, or that I can't paint a certain color or build a certain addition to my house.
I look at all of you who support HOA's and laugh at and mock you without compare.
Local and county Govt. love HOA's because it takes them away from the need to control communities. They do not have to go after bad neighbors, owners who do not maintain their property, pet issues, parking issues, road issues in the subdivision. The local politician does not have to do anything because you have signed onto the community covenants.
You seem like a smart person. Smart enough to know that your time and mental health are resources.
You are doing yourself no favors by obsessing over the poor translation of HOA rules in your neighborhood. Spending this much time and effort on something that can be easily resolved. Sometimes you can be correct and still lose. You are making yourself paranoid.
My advice:
1) Park in your driveway and get on with your life. Kill them with kindness.
If you can't do any of that:
2) Move. This is a great time to sell a house.
If you continue to argue with an HOA you are going to make yourself crazy and waste a ton of time. It's not worth it over such a petty issue (parking in the street).
I cant park in the garage.
I am moving, in about 4 months when my house is built, and I have been planning that for 4+ years.
However the fines are already in the 1000's and will climb to 15k by the time I move ,and that will impede the sale.
There is 80+ cars parked overnight, and 17 cars @ 6 pm yesterday and 15 cars @ 9 am.
They are not implementing their own rules right - even if the new interpretation holds.
They are also ignoring the rental limit rules
Believe it or not - Its cheaper to go to a lawyer than to try to appease the HOA at this point. I have parked on the street since 2008, and many of my neighbors from long before that. I cant remember a time when there weren't a few people's cars in the street. Of course they have 9-5 M-F jobs and they have long left when the HOA president wants to Race down the streets.
They used to impose 7:03 for driveway parking - and I have received several tickets for that on either side of beating them in 2005 when they used to write up motorcycles only and not cars.
This is a scam plain and simple @ its worst, and lop sided enforcement and serious overreach at its best.
To this day, I do not understand why anyone would willingly restrict their own freedoms, and pay for it!
This is the height of stupidity as far as i'm concerned. In America, I cherish my freedom. I do not respect the perceived right of someone to come tell me I can't put a flag or political sign up, that I must fix a dead spot in my grass, or that I can't paint a certain color or build a certain addition to my house.
I look at all of you who support HOA's and laugh at and mock you without compare.
To this day, I do not understand why anyone would willingly restrict their own freedoms, and pay for it!
This is the height of stupidity as far as i'm concerned. In America, I cherish my freedom. I do not respect the perceived right of someone to come tell me I can't put a flag or political sign up, that I must fix a dead spot in my grass, or that I can't paint a certain color or build a certain addition to my house.
I look at all of you who support HOA's and laugh at and mock you without compare.
Thanks to HOAs, we don't have morons working on their cars on their front driveways, parking in their yards, unsightly lawns, trash, excessively loud music after 10:00, brats on skateboards ruining our sidewalks, and dogs crapping all over the place. What we do have are homes that will retain their integrity and value or even increase plus free lawn service in most cases. I look at you and laugh myself at the poor neighbor you would likely make. Thank god for non-HOA areas in the country for nonconformists.
You seem like a smart person. Smart enough to know that your time and mental health are resources.
You are doing yourself no favors by obsessing over the poor translation of HOA rules in your neighborhood. Spending this much time and effort on something that can be easily resolved. Sometimes you can be correct and still lose. You are making yourself paranoid.
My advice:
1) Park in your driveway and get on with your life. Kill them with kindness.
If you can't do any of that:
2) Move. This is a great time to sell a house.
If you continue to argue with an HOA you are going to make yourself crazy and waste a ton of time. It's not worth it over such a petty issue (parking in the street).
Exactly, pretty simple. How is it possible that someone would buy a house and not pay attention to the C&Rs? Amazing!
There is a clearly defined fining process that all HOAs must adhere to now, I think it is "47F" on the books, but I'm not sure off hand. At any rate, any HOA that doesn't strictly follow this fining process has no court standing, and fines alone are pretty toothless.
HOAs really only have teeth when it comes to unpaid assessments, although if the fining process is followed, fines can be transitioned to liens, which then can impact you if you want to sell. You'd need to know the specifics of the law.
They have followed the fining process on this issue as laid out in our CCR's.
Parking issue - 2 fold.
1. Our Streets are city maintained, not HOA controlled.
2. 80+ violations every night, and not the same 80 either. If these are taken over a week or 2, they will snag nearly 95%. Most of these people have not even got a ticket. Let alone a fine.
AKA retaliation, discrimination, harassment and vindictive behavior - and with good reason, there have been instances when I have interfered with their cushy status quo or their pet projects (cos I was on the board and president @ one time).
There are other issues they have not followed the process on. We've hit em back on that, and have got a stop on it. May not get past that stage.
I read the CCR and all the rules before I even made an offer, and got an exemption from the builder (who controlled the HOA then). The HOA tried to fine me on it, and lost in 05. That issue has not ever come up again (or atleast not progressed much when it did accidentally get written up).
Thanks to HOAs, we don't have morons working on their cars on their front driveways, parking in their yards, unsightly lawns, trash, excessively loud music after 10:00, brats on skateboards ruining our sidewalks, and dogs crapping all over the place. What we do have are homes that will retain their integrity and value or even increase plus free lawn service in most cases. I look at you and laugh myself at the poor neighbor you would likely make. Thank god for non-HOA areas in the country for nonconformists.
Well we do have these, as well as houses that were delinquent in the 1000's and in foreclosure and effectively we lost a lot of $$$.
But I guess it can be worse.
Its improved now, the housing bubble and the next few yrs were not kind to our subdivision. It has now started to improve - which almost is reflective of the economy and return of owners pride - not HOA's draconian enforcement.
BTW my neighborhood is writing up people for doing roof replacements without an ARC form. So they are implementing their iron fist - and keeping it crappier for longer.
There is a clearly defined fining process that all HOAs must adhere to now, I think it is "47F" on the books, but I'm not sure off hand. At any rate, any HOA that doesn't strictly follow this fining process has no court standing, and fines alone are pretty toothless.
HOAs really only have teeth when it comes to unpaid assessments, although if the fining process is followed, fines can be transitioned to liens, which then can impact you if you want to sell. You'd need to know the specifics of the law.
You are correct. Management Companies recommend that fines be minimum and they are only enforced after all opportunities for correction of a infraction has been afforded. The limits on fines are also limited to a certain time frame. And yes, the liens are what really counts. Like most legal matters, the person not obeying rules is strictly pampered.
BTW my neighborhood is writing up people for doing roof replacements without an ARC form. So they are implementing their iron fist - and keeping it crappier for longer.
Thanks.
Srinath.
What is wrong with these nuts? They should know better. By the way, I try my best to not foreclose. I have several that are making monthly payments. It is always better to get the money in somehow. I have repeat offenders. Every year they get way behind in dues and at the end of the year, they try to get a reduction or the fines dropped. I did that once, but never again. I wish someone wanted to take my place on the board. It sucks. I have some new people that have just moved in. I believe I will welcome them and congratulate them on their new title, President of the HOA.
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Moving
