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Need a 928 friendly lawyer - HOA wants to fine me $300 a day - Update- beat them!!

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Old 10-19-2010, 12:59 PM
  #46  
docmirror
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It aggravates me no end when people move into a covenant controlled community and then bitch and moan about the rules. I don't agree with any form of HOAs, I don't live in an HOA community, but there are a lot of people who like them. If you fight it, the lawyers will win, and eventually you will lose. Maybe not as badly as you are losing now, but you will lose more than the HOA which has no skin in the game. They are just rule *****(yes, I said it) and face no downside to making things as strict interpretation as they can. Start fully strict interpretation of any rules, and then ratchet back until there is no flex.
Old 10-19-2010, 01:10 PM
  #47  
James Bailey
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I had a nice long phone conversation with the code enforcement officer for the city of Costa Mesa after he sent the NOTICE of violation for the 1970 Maverick which that day had a flat tire and was not registered. Code says NO unregistered cars in "public view " . After talking a bit he did say it really looked pretty nice to be abandoned. He did say that when he drives through a neighborhood he writes up ALL the cars that seem to be in violation so as not to unfairly descriminate. He does not get out of the car to try to find cars just what he sees from his car. He has the computer in the car and can run the plate number to check registration. He also said he did not look under car covers which was his way of telling me to keep them covered . I asked about those who have made their driveways wider extending them to the property line. He said that too was a code violation then went on to say he could write 100 citation in one block if he really enforced everything ! So I fixed the flat registered the car and left it in the driveway for a few more months. Some HOA in California you are not allowed to have your garage door OPEN !!!!!! I would never live in a HOA property.
Old 10-19-2010, 02:50 PM
  #48  
Tom in Austin
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Wow, this is a pretty contentious subject. In my neighborhood we have a 'committee of the whole' ... every owner has a vote, and we do not use a management company. Through self-management we work stuff out rather than have individuals rat each other out to the management company. For the very little value they add, management companies are a scam, in my opinion.

And Jim, yes, absolutely you should work to amend the docs to make the neighborhood what the owners want it to be. Just because a developer chose a certain set of provisions years ago doesn't mean that is what people actually living there want. We've amended our rules several times over the years; democracy in action.

One of the odder provisions in our docs is a requirement that all vehicles must be parked inside your garage with the door closed at all times except when coming in or going out. A bizarre notion and I've never heard anyone make a fuss over that in 16 years!

As others have said, how about losing the cover and slapping on a license plate from somewhere to address the negative perception ... it is a beautiful 928 after all, as along is it's clean, intact and looks like it could be driven, isn't that enough? Or go with the flow and try to adjust your arrangements to get the 928 inside.
Old 10-19-2010, 03:29 PM
  #49  
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My HOA had issues with my 928 being backed in, facing out. When I got it, it was my weekend toy -so it wasn't driven on a daily basis. They "theorized" that if it was backed in, it must not be registered & insured.

I told them it was registered and insured and tagged... and that anyone doing their due diligence would've easily discovered -had they looked. Then, I told them if anyone wants to look for themselves, fine. But, if I catch anyone trespassing on my property they will be arrested and/or shot. No issues with the 928 since.

Advice/idea: ditch the car cover. Keep the car cleaned & waxed at all times. Texas plates do not have registration decals on them, so face the car to the garage with a TX plate on the rear. Everyone driving by will see the letters "PORSCHE" and know what it is. Post a "No Trespassing" sign in plain view like next to the garage door. Then, if anyone says they have "proof" that the car has not been inspected (ie. no front window decal)... that means they walked to the front of the car & you can cite them for trespassing. You'll soon find most people do not want a trespassing conviction on their record.
Old 10-19-2010, 03:31 PM
  #50  
danglerb
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Our HOA currently wants to access each homeowner $23k for a "wood project". Our monthly dues are currently $390, and those unable to pay the lump sum would have I think its $193 added to the $390. Despite the crazy high dues no major repair has been funded without a minimum 75% assessment due to a handful of law suits between the board and a couple homeowners that cost the association about $250k to eventually settle with about 90% that lawyers fees.

OTOH I was totally serious about being a PITA and them going away. If you know where their side is, and know of a good thorn, they may back off on grey areas.
Old 10-19-2010, 03:48 PM
  #51  
Speedtoys
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Originally Posted by danglerb
Our HOA currently wants to access each homeowner $23k for a "wood project". Our monthly dues are currently $390, and those unable to pay the lump sum would have I think its $193 added to the $390. Despite the crazy high dues no major repair has been funded without a minimum 75% assessment due to a handful of law suits between the board and a couple homeowners that cost the association about $250k to eventually settle with about 90% that lawyers fees.

OTOH I was totally serious about being a PITA and them going away. If you know where their side is, and know of a good thorn, they may back off on grey areas.
So..whats the value in an HOA?

Can you walk over to someones house for free, and say "Hey, clean up your ****"...

Thats..almost $4,800 that goes to nowhere a year..not counting this $25k boy scout project they wanna do.
Old 10-19-2010, 04:03 PM
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At the very minimum HOA fees include insurance and maintenance for common areas. Condos include fire insurance as well. So HOA fees aren't 100% "extra", you do get to skip other fees because of them.
Old 10-19-2010, 04:12 PM
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Originally Posted by bronto
At the very minimum HOA fees include insurance and maintenance for common areas. Condos include fire insurance as well. So HOA fees aren't 100% "extra", you do get to skip other fees because of them.
Makes you wonder how people not paying HOA fees, get by in the slums.
Old 10-19-2010, 05:19 PM
  #54  
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Originally Posted by White Lightnin'
You'll soon find most people do not want a trespassing conviction on their record.
Yeah that's pretty serious! So what are ya in fer "trespassing"....

'89 S4 GP White/Black
'76 912E Silver/Black
Old 10-19-2010, 05:39 PM
  #55  
Jim Devine
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Default no win

Looks like there is no way to win. Do what it takes to get it into the garage. Besides the HOA they
could take it to the next level- Austin Code Enforcement. Scroll down to the section on "storage of vehicles"

http://www.ci.austin.tx.us/code/comp...violations.htm

We really don't own property, they
just let us use it providing we pay all taxes & fees.
You need to stop this at the lowest level, they
probably won't give up.
Old 10-19-2010, 08:20 PM
  #56  
jwillman
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Originally Posted by docmirror
It aggravates me no end when people move into a covenant controlled community and then bitch and moan about the rules. I don't agree with any form of HOAs, I don't live in an HOA community, but there are a lot of people who like them. If you fight it, the lawyers will win, and eventually you will lose. Maybe not as badly as you are losing now, but you will lose more than the HOA which has no skin in the game. They are just rule *****(yes, I said it) and face no downside to making things as strict interpretation as they can. Start fully strict interpretation of any rules, and then ratchet back until there is no flex.

Doc,

having been a HOA president at a previous neighborhood I am all too familar with covenants. I am not bitching about there existance but rather the arbitary manner and subjective nature of the way they are being applied.

Thanks all for the support. I plan to go on bended knee, take the cover off, ask for forgiveness and run for president of the HOA next year!!
Old 10-19-2010, 08:51 PM
  #57  
karl ruiter
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Good answer!
Old 10-20-2010, 05:39 AM
  #58  
tailpipe
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When we have probs with neighbours that have thier nose out of joint like that we usually have a party and invite my friends to all bring over thier worst licenced legal jalopies and have them park all over the street make it a weekend event then have one or two over each night the week or two after. after that we bring out the motorcycles and leather jackets once they see how bad you can actually make it legally they usually smarten up make sure you take oictures too. its prolly one of your neighbours thats jellous you have a porsche and they don't the worst part of this deal is anyone can make the complaint they don't even have to be in the same country

The motor in my avitar was an ebay buy got it for $79 bucks CAN only catch was i had to pick it up in Quebec city Quebec I live in London Ontario about 12 hrs away did a round trip in about 30 hrs strait guy had lots of stuff left over from his bussiness bought another $300 worth of stuff that motor is now in my g/fs car it runs awsome had the alt mount broke but I weld aluminum for work so np to fix

good luck with your battle with your neighbours

Paul
Old 10-20-2010, 01:30 PM
  #59  
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This is why I will never buy into a HOA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Old 10-20-2010, 02:25 PM
  #60  
LT Texan
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Originally Posted by Jim Devine
Looks like there is no way to win. Do what it takes to get it into the garage. Besides the HOA they
could take it to the next level- Austin Code Enforcement. Scroll down to the section on "storage of vehicles"

http://www.ci.austin.tx.us/code/comp...violations.htm

We really don't own property, they
just let us use it providing we pay all taxes & fees.
You need to stop this at the lowest level, they
probably won't give up.
Originally Posted by link above
There must not be more vehicles stored at a residence than there are licensed drivers. Additional vehicles must be in the garage.
? additional to what?

oh yeah, lose the car cover and be done with it.


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