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Old 03-20-2015, 03:24 PM
 
Location: Fort Payne Alabama
2,558 posts, read 2,902,342 times
Reputation: 5014

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Quote:
Originally Posted by Oatmeal138 View Post
Hi,

I like in a new development and when I purchased the home I need to register my car in order to get parking decals. It was car, type, license plate (i think) and name. Now they are requiring car registration, insurance, tag, license and car info.

Legally are they allowed to do this? They have also asked for a lot of information for renters like marriage certificate and bunch of other stuff. They problem I have is, how do they manage and store my personal info? Why do they require more info than the DMW? They make new policies and I want to know if this is allowed. No where does the HOA document state these details. Also they are saying they do back ground checks on people (criminal) with the info. Is this even legal? They spread fear and say it is to protect the community but my view they have no right to do this at all.

My question is can they just change what ever they want? They say it doesn't have to be in the HOA document and it is allowed. A lot of misinformation I feel being spread.

Also the HOA self appointed board members says it does not have to be in the HOA rules because these are 'administrative measures'. IS this true?
Obviously you are not going to board meetings to ask these questions or not even asking a board member so you can get a straight answer instead of stuff you "have heard". Bet you have not even read your CCR's to find out what is allowed and what is not.
You are not going to get answers on a public forum without a little knowledge and facts behind you on issues such as you bring up.
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Old 03-20-2015, 04:06 PM
 
9 posts, read 12,775 times
Reputation: 10
Quote:
Originally Posted by 399083453 View Post
The word no, isnt used enough. Let them know you will provide them with your licence plate number and car description, nothing more.




Sure. You can ask for a stool sample if you want. Doesnt mean I'm going to give it to you.



Simply say no. Easy.





Probably very poorly since most people guarding this info are volunteers.

At some point of time people forgot how to say the word "NO" Its time to start using it again.
The issue is they say it doesn't need to be in our HOA CC&R or rules document as this is an adminstrative measure. I just want to know if this is BS because I've caught this guy saying lot of BS on HOA's behalf.
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Old 03-20-2015, 04:09 PM
 
9 posts, read 12,775 times
Reputation: 10
Quote:
Originally Posted by GreggT View Post
Obviously you are not going to board meetings to ask these questions or not even asking a board member so you can get a straight answer instead of stuff you "have heard". Bet you have not even read your CCR's to find out what is allowed and what is not.
You are not going to get answers on a public forum without a little knowledge and facts behind you on issues such as you bring up.
I read it. It's not in there. Again. The HOA is still owned by the builder but this guy is the one that pushes enforcement and always support the HOA when we start asking specific questions. Many times he has out right lied and hid truthful info because it goes against what he wants. He states these are 'Administrative Measures' and it does not need to be in the document (meaning it is not in our rules). I want to know if this is really true or he making stuff up to support his narrative or HOA's policies.
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Old 03-20-2015, 04:18 PM
 
9 posts, read 12,775 times
Reputation: 10
Quote:
Originally Posted by angiesu View Post
I have lived in HOA communities as a renter. Never had we had to provide marriage certificates nor do a "back ground" check. Our landlords have which is completely understandable (we are landlords ourselves). But for an HOA, that sounds strange to me because what happens if they "find" something they don't like? I feel like this is just to be nosy, on who is moving into the neighborhood. I could be wrong.

We had a landlord ask for a copy of our military ID's. We said NO but they can have a copy of our Drivers License. Just an example of someone not knowing law (since that is prohibited). Have you asked how this information is going to be stored? Owners must by hyper-vigilant in protecting themselves. Check your state's privacy laws.

I would worry about how they use and store that information. Are they storing it with third party vendor? With themselves? Both? With the amount of identity theft that would worry me. Seems they are asking for a lot of detailed information.
I have asked this because i feel they are not even storing our info safely. No one says anything. They dont have any tools/system in place to even log our issues. ITs more like answer phone and write things down on paper. Sometimes they ignore emails and vm for weeks. We have gone through 3 HOA managers in a year. They are saying they have found pedophines and kicked them out. However they also complain people are working on cars in the garage and it is a business. So I sense they are using all this personal info and doing checks that i feel are illegal and without authority. Complain about businesses at home which is not legal in their eyes. But does it matter really? Who knows who cares in my eyes. This is not even a problem talking about one guy working on his car off a main road so people see it. I only see a guy fixing his car on occasion they think it is a business. We have 900 homes and they spread fear and just assuming.

To give you an idea. We have a Facebook group and someone posted selling a ceiling lamp. The guy who pushes for enforcement and created the group (will eventually run for board and pretends he is all helpful while passing and masking truthful info). Anyway he posted back saying he doesn't think garage sales are allowed in a HOA and maybe we should all group together one day and have a group sale and get a permit. I replied saying the irony of it all is the item is already sold before you post but you want us to wait and schedule a group garage sale? What is the difference if I post on criaglist and had people come buy it. Then he goes off tangent saying criaglist buyers are bad people. SO stupid but he likes to put his 2 cents in everything when its not even necessary.

Worst of all we are not gated community the public roads are enforced by the city and parking rules are based on city ordinance. However he makes it out parking is not allowed and the HOA states it could be towed, fined or stickered. I had to drill him to get this info and the HOA. Yes they don't post this on Facebook when people ask and not even update or educate the home owners on the boundaries of the HOA. I had to post it. They don't like cars parked on the street but we are short on visitors parking. SO valid home owners ask what can it be done and they say well too bad thats the rules. Offering no options because it doesn't impact them but **** people off that do need options to park on the street. So basically lying saying it is not allowed when we do not abide by HOA rules on public streets.
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Old 03-20-2015, 09:51 PM
 
Location: USA
17 posts, read 27,900 times
Reputation: 16
Quote:
Originally Posted by kawahonda View Post
HOAs are 90% scam. They a proof that you really never are "free" in America.

Bought a house, and I have to pay a $300 enrollment fee, as well as the $30 a month to have people tell me how to live my life. Beats renting, though, I guess.
AMEN!

Run away from any house that has a HOA - bunch of Gestapo types, IMHO
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Old 03-21-2015, 08:10 AM
 
Location: Arizona
13,251 posts, read 7,300,036 times
Reputation: 10092
Seems to me background checks in to renters is a good thing. My experience is the problem home in the neighborhood is always that rental home. Why don't you sell your home and get out of the HOA if you don't want to give them all this information. Just put your home back on the market. I find it amusing that people who buy in an HOA area complain about HOAs.
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Old 03-21-2015, 08:44 AM
 
2,600 posts, read 8,789,000 times
Reputation: 2483
Q. I like in a new development and when I purchased the home I need to register my car in order to get parking decals. It was car, type, license plate (i think) and name. Now they are requiring car registration, insurance, tag, license and car info.

A. This is done so that you place the decal on the correct car and not someone else's, also this protects you and your neighbors.

Q. They have also asked for a lot of information for renters like marriage certificate and bunch of other stuff.

A. Yes, in many areas this is required because your a renter.

Q. My question is can they just change what ever they want? They say it doesn't have to be in the HOA document and it is allowed. A lot of misinformation I feel being spread.

A. Texas law requires any changes to the original rules and regulations documents must be rerecorded at the courthouse.

Q. Also the HOA self appointed board members says it does not have to be in the HOA rules because these are 'administrative measures'. IS this true?

A. Read your CC&R's that you signed !!!
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Old 03-21-2015, 10:37 AM
 
Location: Austin, TX
1,825 posts, read 2,827,357 times
Reputation: 1627
Don't get too worked up over 'HOAs are the devil' or some grand argument.

Just provide what you feel you are actually obliged to provide based on the text of the CC&Rs and politely but firmly decline anything else.

I suspect that what's happening here is that somebody in the management office will have their job made easier by collecting this additional information, but as you've pointed out there is no provision for how or where to store it securely. Depending on the size of the HOA, you may not be the only one to decline to provide every single thing they want; I certainly would not want to give them everything you've said they asked for unless it was right there in black and white that I had to.

Just be as friendly as you can be about it. There are no points for 'being right' in these cases. Your concern is valid and they are counting on people just saying yes because they're the HOA. It seems a waste of their resources to try enforcement actions when you haven't got any violations that are on the books...and like a previous poster pointed out, they can always ask for anything they want. That doesn't obligate you to give it to them though.
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Old 03-21-2015, 11:20 AM
 
9 posts, read 12,775 times
Reputation: 10
Quote:
Originally Posted by kell490 View Post
Seems to me background checks in to renters is a good thing. My experience is the problem home in the neighborhood is always that rental home. Why don't you sell your home and get out of the HOA if you don't want to give them all this information. Just put your home back on the market. I find it amusing that people who buy in an HOA area complain about HOAs.
Are you slow? My questions is are they allowed to change the rules as they please (which was not defined in the HOA documents).
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Old 03-21-2015, 12:27 PM
 
Location: Arizona
13,251 posts, read 7,300,036 times
Reputation: 10092
Quote:
Originally Posted by Oatmeal138 View Post
Are you slow? My questions is are they allowed to change the rules as they please (which was not defined in the HOA documents).

I don't know because I haven't seen them why don't you post the HOA documents so people can see them they must have a clause in there that allows them to do it probably something that says they can do these checks anyway they want. It's possible you don't understand what you are reading. The only thing I don't understand is the why they need a marriage certificate that seems odd. They can do background checks without that.

just scan them in and black out the name of the community name and address's.

If the board members vote on a change they can change it anytime.

As far as parking the HOA can fine the home owner for parking in the city street. I know this because my brother had this problem. Security guard video taped his step son going into his home they showed that to him as evidence the car belonged to someone living at the home. The HOA has no authority to tow the car or issue a ticket to the car owner.
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