Need a 928 friendly lawyer - HOA wants to fine me $300 a day - Update- beat them!!
10-20-2010, 11:33 PM
#62
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Location: Berkeley, CA, USA
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One risk I have not yet seen mentioned:
A lien against your property is not just a problem upon resale. If you want to refinance your first mortgage or add a second mortgage or home equity loan, you may be required to clear any outstanding liens. Do not become adversarial with a HOA. You will likely not win. A longer term strategy might be to get yourself and a majority of like-minded (reasonable) friends on the HOA BOD and change the rules.
However, if the full HOA rules are written into the homeowners' title (commonly called CC&Rs - Covenents, Conditions & Restrictions) rather than just be incorporated by reference (i.e "homeowners shall comply with HOA rules as adopted by the HOA BOD from time to time") you may have a more difficult time changing them. The HOA rules (or Bylaws) will specify how they may be changed.
A lien against your property is not just a problem upon resale. If you want to refinance your first mortgage or add a second mortgage or home equity loan, you may be required to clear any outstanding liens. Do not become adversarial with a HOA. You will likely not win. A longer term strategy might be to get yourself and a majority of like-minded (reasonable) friends on the HOA BOD and change the rules.
However, if the full HOA rules are written into the homeowners' title (commonly called CC&Rs - Covenents, Conditions & Restrictions) rather than just be incorporated by reference (i.e "homeowners shall comply with HOA rules as adopted by the HOA BOD from time to time") you may have a more difficult time changing them. The HOA rules (or Bylaws) will specify how they may be changed.
Last edited by philesk; 10-24-2010 at 08:30 PM. Reason: spelling fix
10-21-2010, 01:09 AM
#63
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This is exactly why I live in the country, the city my shop is located in tried that crap with me, told me I could only have 2 cars in non operable condition on my lot, covered, inside, out of view or not at a time.
I have am zoned commercial and it was a 3 year fight, it took bringing down almost all of the city council to win.
I have am zoned commercial and it was a 3 year fight, it took bringing down almost all of the city council to win.
10-21-2010, 01:29 AM
#64
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I live in the city and have a Neighborhood Association instead of an HOA. Meager yearly dues that pays for the greenbelt maintenance, ie., mowing and a few flowers here and there.
My next door neighbor is the best. He mows his lawn in patches and leaves the rest. It is at various levels at any given time. Makes my yard look great even when it gets a bit long in the tooth. He also has various driveway projects that make it look junky. Sometimes he picks up a car at auction and disassembles the interior for cleaning and leaves the bits airing in his lawn for days. I don't think I've ever seen his overhead garage door closed and it is piled with stuff, even when he is away for the weekend the door is open at least a foot. Makes my garage that can fit both my cars look neat and tidy.
My other neighbors still think I'm weird though. They noticed when I painted flames on my 944 Turbo. The college girls renting two doors down said I was crazy till they found out it was temporary paint, then I was uber cool. They've also seen me in the driveway taking the wheels off my car and not only cleaning the fender wells, but the back sides of the wheels as well. Even the weird lawn mowing guy thinks that is a bit extreme.
My next door neighbor is the best. He mows his lawn in patches and leaves the rest. It is at various levels at any given time. Makes my yard look great even when it gets a bit long in the tooth. He also has various driveway projects that make it look junky. Sometimes he picks up a car at auction and disassembles the interior for cleaning and leaves the bits airing in his lawn for days. I don't think I've ever seen his overhead garage door closed and it is piled with stuff, even when he is away for the weekend the door is open at least a foot. Makes my garage that can fit both my cars look neat and tidy.
My other neighbors still think I'm weird though. They noticed when I painted flames on my 944 Turbo. The college girls renting two doors down said I was crazy till they found out it was temporary paint, then I was uber cool. They've also seen me in the driveway taking the wheels off my car and not only cleaning the fender wells, but the back sides of the wheels as well. Even the weird lawn mowing guy thinks that is a bit extreme.
10-29-2010, 12:19 PM
#65
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Appears I defeated the neighborhood ****'s for the time being anyway.
I emailed the board chair responsible for the enforcement of this at least according to the covenants. Turns out he knew nothing about this and that the management company, paid for by the homeowners of course, had unilaterally, no neighbor complaints, made the call contrary to the process in the covenants. The board member drove by my house twice before noticing the 928 in my driveway so plainly not an eyesore.
I pointed out that my 928 looks no different, well cooler for sure, than any other car parked in any driveway in the neighborhood and that the covenants don't call out the requirement to be registered, inspected or functional.
He agreed talking about the intent which I agreed with save the caveat that intent requires resonable enforcement. He called off the management company which of course told him they would be watching me! I am still running for president of the HOA next time and then reminding the management company that they work for the home owners!
Thanks for the support and great advice.
I emailed the board chair responsible for the enforcement of this at least according to the covenants. Turns out he knew nothing about this and that the management company, paid for by the homeowners of course, had unilaterally, no neighbor complaints, made the call contrary to the process in the covenants. The board member drove by my house twice before noticing the 928 in my driveway so plainly not an eyesore.
I pointed out that my 928 looks no different, well cooler for sure, than any other car parked in any driveway in the neighborhood and that the covenants don't call out the requirement to be registered, inspected or functional.
He agreed talking about the intent which I agreed with save the caveat that intent requires resonable enforcement. He called off the management company which of course told him they would be watching me! I am still running for president of the HOA next time and then reminding the management company that they work for the home owners!
Thanks for the support and great advice.
Last edited by jwillman; 10-29-2010 at 03:38 PM.
10-29-2010, 01:31 PM
#67
Nordschleife Master
Yea, a win for the good guys...not mention the car now RUNS! Blake told me you even took him around the block in it, so they can't say something about non-running, non-moving anymore either.
