Need a 928 friendly lawyer - HOA wants to fine me $300 a day - Update- beat them!!
#16
Don't live in an HOA, but got grief from the city about having one of mine sitting under cover and not having a current registration. $500.00 fine if I didn't get it operational and registered.
Sucked but I wasn't going to fight the city over it.
Sucked but I wasn't going to fight the city over it.
#17
Addict
Rennlist Member
Rennlist Member
I agree that having cars on the street is an eyesore but a nice cover on a car is completely acceptable. I guess it does come down to opinion in the end which is really the problem.
#18
Rennlist Member
First thing you should check is when the covenants expire. Many only last 10 years from adoption unless renewed by vote by the HOA. The good thing if they do file a lien is they expire too and really aren't a big deal unless you plan to move or sell.
#19
Under the Lift
Lifetime Rennlist
Member
Lifetime Rennlist
Member
Strange. My HOA sent me a letter complaining about a car (a 928) I have parked in the driveway that hasn't moved in 5-6 years and is under a cover (unless the cover blows off). Same issue as you have. Threatened to fine me, etc. I wrote them a letter accusing them of something I made up called "discriminatory enforcement" since I have seen other cars left in other driveways in the development, and threatened them back if they proceded with any action against me and didn't take action against all the other owners. Honestly, I don't really know if there are any other cars "stored" like mine on the drvieway, but I think I may have seen others. Anyway, I never heard from them again. That was 2 or 3 years ago. If you look up my house in Google maps, you'll see the car in the driveway. My wife is more pissed about it than the HOA. Maybe it was my wife that complained to the HOA.
#20
Team Owner
Bill When is your car going to come off the rack???
Jim I dont know any more than you do and I wouldnt worry about a few question marks,
sometimes more than one comes out when I type.
I know my proposal might take a bit of thinking ,
but you may have a neighbor that has garage space,
and will let you possibly rent the garage for a while till you get things sorted out.
Have you tried to drive the car in 1st gear with the clutch pressed down?? you do need an open spce so you dont hit anything,
Otherwise remove the whole clutch pack and inspect it post pictures if you can, given the rust on the PP,
I suspect it may take a bit of moving things around to break then discs free,
and if driving wont work then clutch removal is the only remedy
Jim I dont know any more than you do and I wouldnt worry about a few question marks,
sometimes more than one comes out when I type.
I know my proposal might take a bit of thinking ,
but you may have a neighbor that has garage space,
and will let you possibly rent the garage for a while till you get things sorted out.
Have you tried to drive the car in 1st gear with the clutch pressed down?? you do need an open spce so you dont hit anything,
Otherwise remove the whole clutch pack and inspect it post pictures if you can, given the rust on the PP,
I suspect it may take a bit of moving things around to break then discs free,
and if driving wont work then clutch removal is the only remedy
#21
Rennlist Member
If others are doing it, then try Bill Ball's recommendation. Do not under any circumstances follow Andrew's advice Tell your son to move his stuff out and roll it in the garage. That's your cheapest alternative.
#22
Under the Lift
Lifetime Rennlist
Member
Lifetime Rennlist
Member
Probably never. I sleep under it.
Whoa! I never recomended it, but whatever I did seemed to work, at least so far. I'll admit I had a little fun with them. A few months after the complaint letter, I received another letter accusing me of not replying to the first letter. In my reply, I indicated I did not reply to the first letter because no reply was requested. Duh! Then I went on to say....
Whoa! I never recomended it, but whatever I did seemed to work, at least so far. I'll admit I had a little fun with them. A few months after the complaint letter, I received another letter accusing me of not replying to the first letter. In my reply, I indicated I did not reply to the first letter because no reply was requested. Duh! Then I went on to say....
"I observe MANY cars parked on driveways for variable periods of time throughout the entire neighborhood. What distinguishes my car from theirs is that they do not have protective covers on them. If I removed the cover, I would be doing what many dozens of other people in development do – park cars on their driveways. I was aware that parking on the street overnight was prohibited, but I am not aware that parking cars in driveways for whatever period is a problem.
I will exchange it periodically for one of my other cars, but like most homes, I will park a car or two in the driveway, as I believe I have a right to do. Please do not harass me further regarding this or I will be forced to defend myself legally from such a discriminatory attack.
I am sorry but I cannot attend the meeting you scheduled at the time you have indicated. I have a job that requires me to be at work during those hours. So, please do not expect me to appear. I submit this letter in my stead."
I will exchange it periodically for one of my other cars, but like most homes, I will park a car or two in the driveway, as I believe I have a right to do. Please do not harass me further regarding this or I will be forced to defend myself legally from such a discriminatory attack.
I am sorry but I cannot attend the meeting you scheduled at the time you have indicated. I have a job that requires me to be at work during those hours. So, please do not expect me to appear. I submit this letter in my stead."
#23
Rennlist Member
Good luck. I think your options are gonna be:
a)Get it running and registered.
b)Get it into the garage.
c)All of the above.
I have a home in L.A. and the neighboring city is San Marino. I don't know this is all true, but it is what I was told: There is no HOA, but the city has a stack of laws the size of a telephone book, and you cannot close escrow until you have signed that you have received a copy, read it, and agreed to it. One of the laws is that you cannot have anything in the garage except cars. No work bench, no bikes, nothing. And they have people who go around to peep into the windows and check. I guess people put up with that crap because it results in some of the highest property values in the state, but totally no deal for me. I guess my point is that is could be worse, so relax, have a beer, and figure out direction you want to roll over. Perhaps you can sent them a letter asking for time.
a)Get it running and registered.
b)Get it into the garage.
c)All of the above.
I have a home in L.A. and the neighboring city is San Marino. I don't know this is all true, but it is what I was told: There is no HOA, but the city has a stack of laws the size of a telephone book, and you cannot close escrow until you have signed that you have received a copy, read it, and agreed to it. One of the laws is that you cannot have anything in the garage except cars. No work bench, no bikes, nothing. And they have people who go around to peep into the windows and check. I guess people put up with that crap because it results in some of the highest property values in the state, but totally no deal for me. I guess my point is that is could be worse, so relax, have a beer, and figure out direction you want to roll over. Perhaps you can sent them a letter asking for time.
#24
Sorry to say this, but you don't have a leg to stand on here. DO NOT let the fees accumulate lest you get your credit screwed. No they likely won't take you to court, but its all to easy to put stuff on someones credit report.
IMHO HOA's shouldn't be legal, and need to be disbanded. However ethics, have left the building in this regard.
I had the same issue when I was living in broomfield (resistance to conform is futile) their Gestapo tried to get my almost fully operable scout II. I had to get a tow to a storage unit and secretly fix it there. You (assumingly) agreed to the terms and to adhere to the covenants when moving in. Is unsightly definable legally, no not really. That's the rub, hoa's sidetrack your normal rights as a property owner. --not legal advice, and probably more rant than help.
Best of luck to you. Its truly maddening.
bil
IMHO HOA's shouldn't be legal, and need to be disbanded. However ethics, have left the building in this regard.
I had the same issue when I was living in broomfield (resistance to conform is futile) their Gestapo tried to get my almost fully operable scout II. I had to get a tow to a storage unit and secretly fix it there. You (assumingly) agreed to the terms and to adhere to the covenants when moving in. Is unsightly definable legally, no not really. That's the rub, hoa's sidetrack your normal rights as a property owner. --not legal advice, and probably more rant than help.
Best of luck to you. Its truly maddening.
bil
#25
Nordschleife Master
This is why you sign MUD, or better yet sign your name with () or [] surrounding your signature.
In law it effectively removes your signature from the law itself.
We have a great many bylaws up here to deal with this too.
I had an officer come by my house saying I was allowed to have only one unregistered car in the driveway.
I told him that I did. He then said that I had more than one as there were three of them with no plates. I told him that means that they are not insured, but I assured him two of the three were registered. I then told him that bylaw violated my rights and gave some other information. He looked at me and I told him to get off my property and never come back. He hasnt.
In law it effectively removes your signature from the law itself.
We have a great many bylaws up here to deal with this too.
I had an officer come by my house saying I was allowed to have only one unregistered car in the driveway.
I told him that I did. He then said that I had more than one as there were three of them with no plates. I told him that means that they are not insured, but I assured him two of the three were registered. I then told him that bylaw violated my rights and gave some other information. He looked at me and I told him to get off my property and never come back. He hasnt.
#26
Rennlist Member
I've been waiting for my neighbor to complain for a while.
Instead, he bought his own vehicle. A great big honkin (literally) firetruck. Sirens. I love it.
Instead, he bought his own vehicle. A great big honkin (literally) firetruck. Sirens. I love it.
#27
Burning Brakes
tell them you are athiest and if they fine you for you car then you will complain and fine them for any religious items you see in the neighbourhood remind them that religious discrimination is federal and thats manditory jail time
#29
Rennlist Member
How can a city do that if the car is on private property? What the hell is the point of owning a home if the only thing you control is the paint color on the interior walls?
I agree that having cars on the street is an eyesore but a nice cover on a car is completely acceptable. I guess it does come down to opinion in the end which is really the problem.
I agree that having cars on the street is an eyesore but a nice cover on a car is completely acceptable. I guess it does come down to opinion in the end which is really the problem.
Equal enforcement..kinda..
#30
Nordschleife Master
Same basic issue a year or so ago with my HOA and my Red 84 parts car.
1) Respond in writing to EVERYTHING the HOA sends you, and keep copies of everything. Failure to respond is taken as accepting their point of view and enables them to take further steps. Disputing their claim won't get looked at until the next board meeting, and even if they decide to reject your disputing, the clock hasn't started on the next step they can take "in most cases".
2) HOA are the source of 98% of the work most lawyers with any expertise in HOA related law get. You will not find a decent lawyer willing to alienate his primary client base. HOA will be willing to spend insane amounts of money on lawyers, and you will pay for it one way or another.
3) HOA covenants are based on boilerplate law created to give the builder absolute control until the last units are sold and the board is elected to take over. The main purposes are to protect the builder, and ensure sales of all the units. Legally they have you squarely by the short hairs.
4) Sometimes a polite, but articulate and sincere personal face to face expression of what PITA you are willing to become if they don't get off your back may convince board members to let the next board deal with this nut. Don't do this in writing, or in front of witnesses.
5) Get off their radar. Find out when the next walk through will occur and have the car someplace else, and make sure that gets noticed. Consider the cost of a storage unit for the stuff in your garage vs the fine. Once assessed you will not get out of paying it.
1) Respond in writing to EVERYTHING the HOA sends you, and keep copies of everything. Failure to respond is taken as accepting their point of view and enables them to take further steps. Disputing their claim won't get looked at until the next board meeting, and even if they decide to reject your disputing, the clock hasn't started on the next step they can take "in most cases".
2) HOA are the source of 98% of the work most lawyers with any expertise in HOA related law get. You will not find a decent lawyer willing to alienate his primary client base. HOA will be willing to spend insane amounts of money on lawyers, and you will pay for it one way or another.
3) HOA covenants are based on boilerplate law created to give the builder absolute control until the last units are sold and the board is elected to take over. The main purposes are to protect the builder, and ensure sales of all the units. Legally they have you squarely by the short hairs.
4) Sometimes a polite, but articulate and sincere personal face to face expression of what PITA you are willing to become if they don't get off your back may convince board members to let the next board deal with this nut. Don't do this in writing, or in front of witnesses.
5) Get off their radar. Find out when the next walk through will occur and have the car someplace else, and make sure that gets noticed. Consider the cost of a storage unit for the stuff in your garage vs the fine. Once assessed you will not get out of paying it.