[Danknee]

Originally Posted by macgeek

Why I didn't move to a HO8 - Segway restrictions!

-J

I'm thankful for Segway bans, it is a slippery slope. First it is one Segway, then two, then the Segway gangs are cruising the neighborhood. Next thing you know they are plugging their Macbooks into the plug on your porch to surf the web and hosting Firefly marathons with a projector on the side of a house.

[lvoc]

It is more complicated than is being suggested. First off you have to look at the CC&Rs and see what powers and duties are delegated to the board. There needs to be some language allowing the Board to make rules that would cover wheeled vehicles other than automobiles.

Then you get into things which may be considered an owners right. For instance an HOA can ban rentals but canot enforce it against the current owner. Which is a good reason to hold an investment property in an LLC.

In my mind this is an HOA battle. Organize and complain and then vote the buggers out.

[Michael-MS]

Originally Posted by BBMW

The streets in an HOA are not public property, they're the private property of the association, and fall under HOA rules. The HOA board can set pretty much any restrictions they want.

I would still take them to court if a bicycle was my means of transportation. That's discrimination. I doubt the HOA actually wants to go to court, they just don't have anyone challenging them.

Also, if the HOA allows the state or city to police the roads (traffic enforcement) then the state laws apply. In that case, state laws permit bicyclists use of the roads, as they would any other roadway. My HOA owns the road and I know we have cops giving tickets. But that may be different if it's gated.

[BBMW]

Originally Posted by Michael-MS

I would still take them to court if a bicycle was my means of transportation. That's discrimination. I doubt the HOA actually wants to go to court, they just don't have anyone challenging them.

You can take it to court. You can also lose, which is the most likely outcome. How much money are you willing to throw at it? If it goes to trial, you're likely talking $XX,000 (and still losing.)

Also, if the HOA allows the state or city to police the roads (traffic enforcement) then the state laws apply. In that case, state laws permit bicyclists use of the roads, as they would any other roadway. My HOA owns the road and I know we have cops giving tickets. But that may be different if it's gated.

And what orifice did you pull this nugget out of? The two have nothing to do with each other.

[SoCalCpl2]

AGAIN... Why I HATE HOA's....

[irishspy]

I attend all of the HOA meetings this came about from some residents complaining about some of the kids who moved into our community. They do not want them playing in the streets or on the grass most of all they do not want kids here. The board is stacked right now only one board member stands up to the President the others are Bobble heads. Next year 3 seats are open so that will be when us others run to get the others on the board removed. One other big concern is this board only meets once every 3 months so issues linger on or do not get solved. I believe their is some jurisdiction about rules of any road because if some one hits a bicyclist or pedestrian in a HOA complex the police do have a right to charge the driver. It is just sad that no opinions are taken in account on any matters and the people living here have no say.

[IC_deLight]

Originally Posted by irishspy

Well here we go again first the heating of the pools issue which got resolved they will be heated from May 1 to Oct 1 now the next thing. The HOA board wants to pass a regulation that no non motorized vehicles are allowed to be used in the complex this includes all bikes roller blades scooters and etc and this applies to everyone. This is a direct attempt to stop any children from being in the streets and discourage any families from moving in here. My ax to grind is 1. The speed limit is 10 MPH which no one obeys. 2. No open discussion or form was introduced to see if other alternative solutions could be found. 3. Is it going to be legal to enforce this and how. Anyone have similar regulations or advise on this subject ???

Sounds like litigation in the future - even if you are not directly involved you have an HOA board engaging in overt discrimination against families and folks with disabilities (e.g., non-motorized wheelchairs). When do boards learn? That's a trick question 'cause they aren't interested in learning and won't ever be so long as they aren't concerned

never face personal liability for their actions.

There may be advantages to suing first as opposed to being sued and then counter-claiming. If you file a declaratory judgment action seeking to determine the legality of such a provision, then their insurance might provide a defense for them but is unlikely to pay for a judgment involving your attorney fees (meaning the HOA would have to pay out of its own coffers) if you prevail. Alternatively, if you think the policy (which has only been summed up here) is discriminatory you might want to investigate filing a complaint with HUD concerning violations of the Fair Housing Act. HUD has taken action against quite a few HOAs across the country - seems the people controlling the HOAs tend to dislike children and believe they will never need mobility assistance themselves (or don't want to see it because they are reminded of the inevitable for themselves).

[BBMW]

Suing them is going to be long hard and expensive. The best way to deal with this is internal politics. Round up supporters of your position, and when it's time for the board elections, grab as many seats as you can.

[fluffythewondercat]

Originally Posted by Danknee

I'm thankful for Segway bans, it is a slippery slope. First it is one Segway, then two, then the Segway gangs are cruising the neighborhood. Next thing you know they are plugging their Macbooks into the plug on your porch to surf the web and hosting Firefly marathons with a projector on the side of a house.

That's certainly been the experience in our neighborhood.

Oh wait, we are those people.

[irishspy]

Litigation is out of the question for me I would not waste my money on that. Internal change is going to be the answer but until next year it will be a tense neighborhood to live in and the credibility of anyone running for a HOA board member seat will be looked down upon by the people living here. The worst thing is if anyone is selling and the word gets out the HOA is dictatorship like the value of our homes fall. The bad part is meetings only happen every 3 months and that is set up so people can not attend or get discouraged because issues are not resolved and give up.