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Old 05-24-2010, 06:01 AM
 
Location: Closer than you think !
445 posts, read 1,608,095 times
Reputation: 343

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Quote:
Originally Posted by Quick Enough View Post
I am not dis-claiming anything you wrote. But, I am confused. You mention county ordinances. Are you in a HOA community?

HOA rules cannot supersede county, state or federal laws.

I just don't understand what you are trying to say.
You are not the first to be in that boat I am not trying to be an A-Hole - the few times that I have had to be one -- there was no question in anyone's mind. I do not like to go that far, but sometimes I see no other choice.

I am in agreement with those FOR and AGAINST HOA. I do not live in one and have not lived in one.. People who live in an HOA do so because they choose to live there... Can HOAs go overboard with some rules - apparently so. My point is, that (at least in Richland County, SC) there is a set of ordinances that spell out what is acceptable and what is not. American Legal Publishing: Online Library When you read thru ALL of them, you find some that contradict others, render some obsolete by the wording (I have muliple pages on an old computer - last time I did anything about this was Dec 2006)
People may choose HOA because they have or know someone who has been in the situation that I find myself. The county does not enforce the ordinances that they have written and approved. They approve things like the "International Building Maintence Code" and the referenced FIRE code , but do not enforce what is contained in these documents.
HOAs have more restrictive rules and ENFORCE them - ?? When an HOA changes rules there is a vote and the majority wins. I tried to get an ordinance changed - even tho the IBC already covered it - to limit/eliminate inoperable cars in residential neighborhoods.. here is what got passed and I DID NOT get to see it before it went to vote/approval.


(d) Any motor vehicle and/or trailer that is not capable of operating in accordance with South Carolina law and/or capable of moving under its own power (even if it has a valid state-issued license plate permitting operation on public roads and highways) shall not be stored, parked, or located on a lot in any residential zoning district in the unincorporated areas of the county (except for those parcels that are five (5) acres of greater in the (RU) Rural zoning district) for more than a single period of thirty (30) consecutive days during any calendar year unless it is kept in an enclosed garage, in a carport attached to the residence, or protected from the elements by a fitted cover; provided, however, in the case of a vehicle protected from the elements by a cover, such vehicle shall not be visible from the public right-of-way.

I have my opinions as to what this says and what it does not need to say and how it should be enforced - ANYONE else care to comment on it and remember this will be decided by a Magistrate and?or Jury...

It is early and I hope you are not more confused - before I tackle this again I will have to spend quite a bit of time organizing my thoughts and arguments
Thanks for taking the time to read this (if anyone is still there)

 
Old 05-24-2010, 07:54 AM
 
Location: No Mask For Me This Time, Either
5,671 posts, read 5,107,547 times
Reputation: 6105
That looks like a municipal ordinance. What's the HOA regulation which is in conflict with it? (Am I reading too much in here...?)
 
Old 05-24-2010, 11:32 AM
 
59,456 posts, read 27,607,896 times
Reputation: 14385
Quote:
Originally Posted by Treenoid View Post
You are not the first to be in that boat I am not trying to be an A-Hole - the few times that I have had to be one -- there was no question in anyone's mind. I do not like to go that far, but sometimes I see no other choice.

I am in agreement with those FOR and AGAINST HOA. I do not live in one and have not lived in one.. People who live in an HOA do so because they choose to live there... Can HOAs go overboard with some rules - apparently so. My point is, that (at least in Richland County, SC) there is a set of ordinances that spell out what is acceptable and what is not. American Legal Publishing: Online Library When you read thru ALL of them, you find some that contradict others, render some obsolete by the wording (I have muliple pages on an old computer - last time I did anything about this was Dec 2006)
People may choose HOA because they have or know someone who has been in the situation that I find myself. The county does not enforce the ordinances that they have written and approved. They approve things like the "International Building Maintence Code" and the referenced FIRE code , but do not enforce what is contained in these documents.
HOAs have more restrictive rules and ENFORCE them - ?? When an HOA changes rules there is a vote and the majority wins. I tried to get an ordinance changed - even tho the IBC already covered it - to limit/eliminate inoperable cars in residential neighborhoods.. here is what got passed and I DID NOT get to see it before it went to vote/approval.


(d) Any motor vehicle and/or trailer that is not capable of operating in accordance with South Carolina law and/or capable of moving under its own power (even if it has a valid state-issued license plate permitting operation on public roads and highways) shall not be stored, parked, or located on a lot in any residential zoning district in the unincorporated areas of the county (except for those parcels that are five (5) acres of greater in the (RU) Rural zoning district) for more than a single period of thirty (30) consecutive days during any calendar year unless it is kept in an enclosed garage, in a carport attached to the residence, or protected from the elements by a fitted cover; provided, however, in the case of a vehicle protected from the elements by a cover, such vehicle shall not be visible from the public right-of-way.

I have my opinions as to what this says and what it does not need to say and how it should be enforced - ANYONE else care to comment on it and remember this will be decided by a Magistrate and?or Jury...

It is early and I hope you are not more confused - before I tackle this again I will have to spend quite a bit of time organizing my thoughts and arguments
Thanks for taking the time to read this (if anyone is still there)
Thank you for the clarification. i understan your frustration. Sometime it is hard to get amunicipality to listen to you.

I'm sure that after your try with the local police you go to the local commisioners or mayor. Take pictures. I have also found the local press shedding light on unreposnsive politicians sometimes helps.

Best of luck in your situation.
 
Old 06-04-2010, 06:11 AM
 
9 posts, read 10,456 times
Reputation: 12
Lets see here, An individual person calls a HOA fascist because the "neigbborhood" won't change their rules to accept his/her lifestyle. They demand the rules be changed for one person's choice. Doesn't that make it a dictatorship when one person dictates to all? HOA's rules and regs plus CCR's are controlled by the residents involvement of the HOA and voting process. If the HOA rules won't change it is because the "involved" residents don't want it changed. Thus it represents the community voice. If this is not a good representation of the entire population in the neighborhood, more people need to "GET INVOLVED" and make changes.
 
Old 06-04-2010, 09:06 PM
 
48,502 posts, read 97,062,750 times
Reputation: 18310
Actually HOA rules are a contract that can be quite different than city ordinaces or other political laws. They are enforced in civil court not in criminal court.In many cases IMO ordinaces and criminal laws have become a joke because of the lack of people willing to obey them. Its the old 1% rule in law.
 
Old 06-07-2010, 08:59 AM
 
Location: Lafayette, Louisiana
14,100 posts, read 28,604,300 times
Reputation: 8075
Quote:
Originally Posted by beldenmeg View Post
Lets see here, An individual person calls a HOA fascist because the "neigbborhood" won't change their rules to accept his/her lifestyle. They demand the rules be changed for one person's choice. Doesn't that make it a dictatorship when one person dictates to all? HOA's rules and regs plus CCR's are controlled by the residents involvement of the HOA and voting process. If the HOA rules won't change it is because the "involved" residents don't want it changed. Thus it represents the community voice. If this is not a good representation of the entire population in the neighborhood, more people need to "GET INVOLVED" and make changes.
more like an HOA is facist because a few members of the board make rules based upon their own lifestyle and expect all members to obey their will or face eviction and sale of their home even if they paid it off in full.
 
Old 06-07-2010, 11:32 AM
 
Location: EPWV
19,650 posts, read 9,622,353 times
Reputation: 21398
I think every home should have at least one solar panel. Of course, those in the nice, sunny climates will have better luck but perhaps we can also add a mini wind tower? If you have a big sub-division and it has one of those club houses, maybe it could have a bigger wind tower and a underground line, helping the homes save on their electricity. What's not to like when we can all be more energy conscious and save on $$$$
 
Old 06-08-2010, 01:09 AM
 
Location: Arkansas
2,383 posts, read 6,067,055 times
Reputation: 1141
Quote:
Originally Posted by tablemtn View Post
I thought this was an interesting article about clashes between HOA rules and various "green-living" strategies, such as solar panels, outdoor clotheslines, or even replacing grass lawns in arid regions with xeriscaping.

Green practices conflict with homeowner association rules

Some states have laws forbidding HOAs from prohibiting solar panels in particular. Many do not.

Should there be a national law making it clear that HOAs do not have the power to forbid energy-saving measures such as solar panels or backyard clotheslines?

I have to say that I have always lived in neighborhoods with HOA's for a reason~ rules and structure. The rules are there to help protect your property value. That being said, a solar panel I could deal with, but every yard having a clothes line~negative! That would look awful!
So, why I understand that people should have the right to be green and save money when and where they can, if it makes my neighborhood look trashy and lowers my property value, then no!
 
Old 06-08-2010, 03:17 AM
 
1,188 posts, read 2,326,539 times
Reputation: 1883
Quote:
Originally Posted by dvcgal View Post
I have to say that I have always lived in neighborhoods with HOA's for a reason~ rules and structure. The rules are there to help protect your property value. That being said, a solar panel I could deal with, but every yard having a clothes line~negative! That would look awful!
So, why I understand that people should have the right to be green and save money when and where they can, if it makes my neighborhood look trashy and lowers my property value, then no!

If you can put a six foot fence around the backyard and the clothesline is below the level of the fence line...what's the problem? It wouldn't be an eyesore and therefore, shouldn't matter to you.
I personally think many of the HOA's get ridiculous when they start spouting about property values over stupid things like a flag pole displaying our american flag or (more appropriate for the thread) things that help save the planet that can be kept out of view. I think too many people have a Napoleon complex and just want to be in charge and wield some power..(adult bullies). Seriously, the HOA is there for a reason, that I will agree. What irks me is when they cherry pick what they want to enforce. It becomes a joke and sometimes a ridiculous joke for most of them. It should be a crime that they DON'T have rules in the covenants that stipulate AGAINST waste of resource. We are such a backward society sometimes.
 
Old 06-08-2010, 06:02 AM
 
Location: Londonderry, NH
41,479 posts, read 59,927,409 times
Reputation: 24863
Both cloths lines and automotive clunkers are considered to be signs of poverty and are forbidden by most condo or HOA rules. I live in a condo and have a perfect place for a cloths line over my small (also against the strict interpretation of the condo rules) flower garden. I don't put one up because the cloths dryer is more convenient. I do keep a clunker, in New England called a winter beater or simply a beater, auto for driving to the park & ride and around town. The current iteration is a 1992 Buick station wagon. It is licensed and driven daily but it could look a bit better. It replaced a really decrepit 1980 Chevy pick up truck that served the same duty. If my neighbors objected they never confronted me with their problems. One of the reasons I am not impoverished is I never felt the need to keep up with the Joneses by buying new cars on credit. I buy for cash well used cars for under $5k and run them until they die.
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