Homeowner Association Nazis

MattCoops

We live in a development ruled by the dictatorship of homeowner association.

They have a new "covenant" that states that "any commercial vehicle with writing on it, no matter the size, or with equipment attached to it (i.e. ladders, trailers, etc.) is in violation and a $100 a day fine will be imposed.

100 bucks a day?

I called and complained. And told him if I had to I'd drape a bright pink and purple sheet over my van every night and weekend.
They said I should attend the next meeting.

I guess nobody attends the meetings, so those few that are there pretty much make the rules, with no one there to veto it.

In North Carolina if you don't pay your homeowner dues, or the fines they impose on you, they can have a lien put on your house and you could lose your property.

This is flat out BullSh#t!

__________________
Matt with Cupan Custom Tile & Paint of Lowell, Massachusetts
Design and installation of ceramic tile and natural stone for floor, wall, and countertops
(978) 601-8774 | cupantile@gmail.com | view tile pictures and more

Mike Finley

Welcome to the real world Matt. When you bought your house do you remember that packet of information they handed you at close, called the HOA by-laws? Knowing you were buying a house in a covenant controlled community you could have requested those by laws ahead of time.

Not to ride you, but almost always the commercial vehicle rule in a residential neighborhood is a county regulation. HOAs anywhere not just where you are have the power to lien a home.

MattCoops

so what do I do? put a sheet/tarp over the truck every night

__________________
Matt with Cupan Custom Tile & Paint of Lowell, Massachusetts
Design and installation of ceramic tile and natural stone for floor, wall, and countertops
(978) 601-8774 | cupantile@gmail.com | view tile pictures and more

mickeyco

I have to agree with Mike, most areas have rules about commercial vehicles, not just HOAs, most municipalities have them as well. If you have a vehicle that's allowed, like an Explorer, Suburban, or window van etc. use magnetic signs and pull them off when you park at home, if you have a vehicle that's not allowed you're probably SOL, if it's a trailer I don't know anywhere that allows trailers (out here anyway).

You say that the "covenant" is new, in that case you might have some legal standing, if you bought the place with the expectation that you could park your vehicle there and they changed the rules in the middle of the game. I am not sure how the "grand father clause" would apply to rules made by a HOA. I would contact an attorney and get his opinion, but keep in mind the association fees that you pay to the HOA will be used by them to fight a lawsuit if you file one.

Another creative solution is to read the HOA's rules, they usually have tons of bs crap about chimneys, fences, etc., drive around the area and find all the violations (there will be plenty) and present your findings to the HOA and that might have them ease up on you, if not it looks good in court to show that they don't enforce the rules.

747

Its a new by law which came into effect after you have already been living there correct. If so ask to be grandfathered in. If that fails say i as a resident had the right to prenotification before any new by laws were added. Finally go to your neighbors ask them if they have a problem with your truck if they say no ask them to sign a petition on your behalf. Personally i would never live in a sub that had bylaws. They then have authority to push you around. Where i live nobody has that right. You could park you truck in the front yard everynight if you wanted.

recruit4meisner

I feel your pain, and have my own struggles as well. My HOA has very similar rules, and my truck did not fit in my garage when I moved in. It does now, much to my wife's dismay who lost 8 inches of living room!

Melissa

So, it's a new rule or they're just now starting to enforce it? If so, they should give you some time figure out what to do. Do you have a garage you could park it in? Or like you said, get a tarp- in a more discrete color though- like dark blue, black, or grey.... would they even allow that? Or you could always lease a shop and park in there. You definitely don't want to park it far away though, or it might get broken into, especially this time of year- it's the worst!

Our city is trying to impose a new law- no boats or RV's parked on the street. I doubt it will get passed.

RYANINMICHIGAN

I was just talking about this BS to a friend. HOA are crap. If I lived on one and they tried to take my house because I planted a tree where I wanted it. It would all end in one of two ways. Police stand off or the fire department.

MattCoops

lease a shop just to park my van? are you kidding

It's my van and my house I should be able to park it there. It's not like it's a tractor trailer. There's people with RVs and dead cars sitting in their driveways.
There's someone with a purple house.

I tried calling the office several times, I've left 3 messages.
I'm not the only contractor in the development. There's several of us, so they're getting some calls. I have the neighbors calling and complaining too.

This "covenant" was just recently adopted. We just heard about through a memo that was mailed out yesterday.

I can't fit the van in the garage.
And I'm not scraping off the vinyl
I guess I should of got the crappy magnet.

I'm not changing a thing.
I'll just fight it like any true american would. It's war!

__________________
Matt with Cupan Custom Tile & Paint of Lowell, Massachusetts
Design and installation of ceramic tile and natural stone for floor, wall, and countertops
(978) 601-8774 | cupantile@gmail.com | view tile pictures and more

Melissa

Sounds to me like you have a good case. I'd just document everything that you just said, and if it comes down to it, take them to court.

mickeyco

Get a magnet or magnets, paint it/them to match the surrounding area and put it/them over any writing, you'd be in compliance then.

I'm all for the fight, but it can be costly and very lengthy, I'd try a cheap method of compliance and if they didn't let it go I'd open both barrels on them.

RYANINMICHIGAN

Wait a minute. Did you say that this is a new HOA that was not in effect when you bought your house? Did you sign anything agreeing to the new covenant? If not screw them rent a tractor trailer and park that in your driveway

Speedy Petey

I have to disagree. This is NOT the real world.
The only HOA's I know of in my area the couple of local 2 or 3 condo complexes.
I think it should be against the law to have a community HOA unless it is a condo type community.
How can a public street or community have a dictatorial hierarchy?

I would NEVER live in an area with those kind of restrictions. And I don't just mean this commercial vehicle issue.

HOA's are an elitist joke!

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Debookkeeper

I think Mike may have also been referring to certain town zoning laws as well. Some towns even don't allow signed trucks parked in your driveway. It isn't as bad as HOA. My sister moved into one in PA , why they heck anyone would choose to buy a home, property, and pay property taxes - in a neighborhood who dictates what you can and cannot do baffles me.

I'm a rebel - I would climb my walls if I had to abide by those rules.

Shamrock

I'm curious...in a general way of thinking, at least in North Carolina, a commercial vehicle would be one that had commercial plates. If you have the standard vehicle plates (would apply to most vans and trucks unless you specificly requested commercial plates when you registered your vehicle and /or you tow heavy equipment such as a Bobcat) then you might be in a position to argue that your vehicle is not a commercial vehicle...regardless of lettering or equipment on the racks.

Dave-Raleigh

Here in North Carolina I'd bet that every development built by a tract builder has a set of covenants and a HOA. Even some small private developments have them set up by the land developer.

I agree most HOA's are a bunch of eletist SOBs. Read your covenants real close. I believe (at least in my case) that they can't be changed from the original unless a majority formally agree with the change. The last little sub division I lived in they couldn/t be even changed by the majority unless it was in a small window of time at the 20 year renewal period. Otherwise everyone had to formally agree with any changes.

I had a house in SC the had a HOA from hades. i was suing my builder over synthetic stucco, wasn't allowed to fix anything while the lawsuit went on (2 years) and the HOA started formal proceedings to fine me $100/day for every day the outside wasn't fixed. The covenants gave them the right to force us to maintain the outside of the houses as if they were new. They didn't care that my hands were tied up by the formal lawsuit (which had been filed and was in the negotiation phase).

Needless to say I had some very private words with the president of the HOA about how extreme I could be if pushed into a corner. Didn't matter, the guy (and the rest of the board) was a jerk.

The only thing that saved me was the lawsuit was settled about that point in time and I was out of the loop. If it would have gone to court it would have lasted at least another 2 years (730 days x $100/day = $73,000 )

Bottom line.... read your covenants. Heck some developments won't even let you park a car overnight outside your garage.

Mike Finley

1. Move
2. Don't park a vehicle that is identified as commercial in your neighborhood
3. Remove whatever is in question on the vehicle making it identified as commercial (Sometimes even that isn't going to help, the type of vehicle itself may identify it as commercial, or having it registered to your company would do it also if they want to go that far)
4. Fight it - and get ready to be totally pissed off forever, and more importantly you will lose, I just about could gaurantee it 100% (you aren't the first person to run into this, you aren't even the 100,000th), and the best part - Do you pay HOA fees? They will be paying the lawyer with those fees, so essentially your are paying the guy to sue you! Awesome isn't it????

The first thing I would do if you want to fight it is discover if it is a county or city ordinance first, if it is... well, I'm sure you're smart enough to know what that means.

Sorry if I don't feel your pain. We bought our current house specifically in a strong covenant controlled community. I was sick and tired of the bullsh!t a-holes in our last neighborhood parking their 22 cars all over, not mowing thier grass, working on junk piece of sh!t race cars at 2 in the morning and all the other crap that goes along with living in Red Neck Heights.

I'm in your boat, that's why I'm going to be renting a storage place to keep the work trailer, and the truck when I get it logo'd.

Tscarborough

I bought my current home explicitly BECAUSE of those type of covenants.

Just make sure that they are applied fully and equally.

Melissa

Yep, I was thinking the same thing Finley and Tscarborough yesterday as I was walking through my neighborhood- pink trim??? bright yellow houses??? The pink one had a sign in the window- $1,875/mo rent for a 2 bdrm!!!

Mike Finley

This is what can bite you, it all depends on the wording of the by-laws or the local code. In some places anything over a certain weight could be considered commercial, a certain type such as a cube truck, anything lettered is usually pretty cut and dry, it could also go to something registered to your business, etc...

Usually it will almost always come down to if it looks commercial to the average person it's going to get the HOA's attention. Having commercial plates usually won't get you in trouble, or having it registered to your business. If they go after you for that, they really are Nazis, or you pissed one of your neighbors off.