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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 10-18-2010, 08:26 PM
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jwillman
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Default Need a 928 friendly lawyer - HOA wants to fine me $300 a day - Update- beat them!!

My HOA has sent me a letter citing my 928 parked in my driveway under a car cover as unsightly and demanding that I make it operable, register and safety inspect it or move it into my garage. The last option is out as half the garage is tools, a spare engine and my 23 year olds sons possesions. The other side is for my wifes car and that is non-negotiable.

HOA contends I am in violation of a restrictive covenant which states that no article deemed unsightly by the review committee shall remain on any lot as to be visible from adjoining property, public or private thoroughway. The covenant also reguires all garages be able to house all vehicles and that no more that 2 vehicles be visible for more than 72 hours at any time. This provision goes unenforced as best I can tell as many neighbors have 3 cars in there driveways.

I have my 928 and my truck in my driveway. The 928 is stored with a commercially made car cover. I have had the car on jacks on occassion and received notices about the car on jacks. I have modified my work habits to keep it on its own wheels to ensure I respect my neighbors.

As I mentioned the letter specifies I either make the car operable (I am close, only the damn clutch), register and have it safety inspected or move it into the garage. The covenants do not call out that all cars must have current registartion and safety inspection nor does the state of Texas require cvheilces over 25 years old to be immediately registered upon sale.

I am not a lawyer but seems the HOA is out of bounds requiring that I register the car as it is not spelled out in the covenants or required by texas law and that they can not regulate how frequently I operate any car I own even if it were operable.

I either need immediate help getting my clutch issue sorted or help battleing the neighborhood ****'s. Does this really rate unsightly, actually looks better with the cover
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Last edited by jwillman; 10-29-2010 at 12:20 PM.
Old 10-18-2010, 08:31 PM
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Mrmerlin
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do you have any neighbors that like you??
if so try parking the 928 in their driveway for a day or two
Old 10-18-2010, 08:36 PM
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Chuck Z
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Originally Posted by jwillman
Does this really rate unsightly, actually looks better with the cover
This is prolly not going to be a popular response but yes, I think it looks unsightly.
Old 10-18-2010, 08:37 PM
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BC
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First of all, take the cover off. Those bastards always have a problem with them. Second, use the everyone else does it argument and take pictures. Somebody complained and it was probably someone with 3 cars or more.

Third- make a reg sticker for the plate, stick it on, and then send a pic in. These people are not authorities. They are normally know nothing idiots- including the management company. But they can get expensive and irritating. So play along a bit and also get into a meeting with your info if possible.
Old 10-18-2010, 08:37 PM
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AO
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non-lawyer here.

Let the fines accumulate. I don't know of any HOA (these days) that has the teeth (read: budget) to enforce.
Old 10-18-2010, 08:40 PM
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jwillman
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Originally Posted by Mrmerlin
do you have any neighbors that like you??
if so try parking the 928 in their driveway for a day or two
Why two question marks, do you know something I don't?

This just fries me because it is so subjective and not back by the covenants! HAd a neighbor come and complained I would have been the good neigbor and figured out something. My neighbors actually come over and marvel at my progress or perhaps stupidity for taking on the refresh.

I have already submitted my request for a hearing before the board. They will have to satisfy me as to the criteria being used.

Again if I could just get the damn clutch fixed she would be operable, sort of
Old 10-18-2010, 08:41 PM
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Originally Posted by Andrew Olson
non-lawyer here.

Let the fines accumulate. I don't know of any HOA (these days) that has the teeth (read: budget) to enforce.
I've heard of horror stories about home owners who have ignored these things only to have liens filed against the property which is only a problem if you ever want to sell.
Old 10-18-2010, 08:41 PM
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Marine Blue
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Did you **** off any of your neighbors? You might start by trying to get them on your side and having them help you fight the battle against the HOA.

Do any of your neighbors have more tan two cars?

As far as the covenants go, that is absolutely ridiculous. How on earth can they restrict how many cars you own? Was your house built in the 1960's when most families had only one or two cars? Seriously?

As far as the car being an eye sore, maybe offer to buy a nicer car cover which is fitted to the car. As far as the rules regarding registration, let them take you to court on that one. It's on private property and does not need to be registered.

I'm so glad I don't live in an HOA anymore.

Good luck.
Old 10-18-2010, 08:41 PM
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jwillman
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Originally Posted by Chuck Z
This is prolly not going to be a popular response but yes, I think it looks unsightly.
So I expected that, Is it the cover? Seems I should have the right to protect my car from the elements even when it is operable.
Old 10-18-2010, 08:45 PM
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Originally Posted by jwillman
So I expected that, Is it the cover? Seems I should have the right to protect my car from the elements even when it is operable.
Definitely the cover. You do have the right to protect the car from the elements. In your garage.... Perhaps a yard sale is in order?
Old 10-18-2010, 08:45 PM
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funnporsche
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Don't worry about the registration crap. HOA laws do not supercede local county laws and state laws. Just as state laws can't supercede national laws and so on. As for the other stuff, just ask them what is so unsightly about that. Bottom line, HOA SUCKS!!!!! And the law is unfair as it is purely subjective. When a law is strictly subjective then it is hard for them to enforce it. Unless they make an amendment that outlines very specifically what is considered "unsightly." Otherwise tell them to flake off untill they can give you a voted on amendment that gives you the specific guidelines. They cannot just say well we got together and just think it is ugly so there! That is like telling a guy that you will be arrested if you overwater your lawn, but don't tell anyone at which times you can and can't water. As for the 2 car thing, just move your truck overnight to neighbor's houses every few days and then bring it back and you should be fine. That is if your neighbors like you like the other poster said. Good Luck!!
Old 10-18-2010, 08:49 PM
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jwillman
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Originally Posted by Marine Blue
Did you **** off any of your neighbors? You might start by trying to get them on your side and having them help you fight the battle against the HOA.

Do any of your neighbors have more tan two cars?

As far as the covenants go, that is absolutely ridiculous. How on earth can they restrict how many cars you own? Was your house built in the 1960's when most families had only one or two cars? Seriously?

As far as the car being an eye sore, maybe offer to buy a nicer car cover which is fitted to the car. As far as the rules regarding registration, let them take you to court on that one. It's on private property and does not need to be registered.

I'm so glad I don't live in an HOA anymore.

Good luck.
The covenanats were put into place in 1994 when the sub division was being developed by the builders. I have neighbors on two sides of me with three cars each everyday. I am sure that few residents have read the covenants. I plan to get all the neighbors who are willing to sign a document stating they are not offended by the car being parked in my driveway.

Not sure about the pissed off neighbor part as I know them all and have never got into a pissing contest with any but that means nothing. The HOA has a mangement company that supposedly inspects the neighborhood routinely.
Old 10-18-2010, 09:05 PM
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Originally Posted by Andrew Olson
non-lawyer here.

Let the fines accumulate. I don't know of any HOA (these days) that has the teeth (read: budget) to enforce.
Depends on what the HOA docs state, mine will let the fees add up the HOA can place a lien on my property, for the unpaid dues that you will have to pay if you sell the property at closing.

I'd think you could rent a storage building for under $100/mo or can you buy a shed for the backyard to put some of the stuff in to make room in the garage??
Old 10-18-2010, 09:21 PM
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IcemanG17
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okay quick story about HOA's.....a friend rented a house in a nice upscale neighborhood...the house had a 3 car garage (2 wide 1 tandem) and they had 4 cars...only one in the garage since the rest was full of tools and bicycles...in the driveway were two large trucks and a honda on the street......the rent-a-cops would keep writing tickets and they kept getting notices from the HOA....since they were not using the garage to its capacity

They go to court and drop a BOMB on the HOA....the renter is disabled and claimed her large truck does not fit in the garage to allow here easy in-out of her Expedition....ADA lawyer steps up.....end of story...whole thing dropped

Back on topic.....I gotta admit I don't like cars in driveways under covers....is there an affordable storage nearby?
Old 10-18-2010, 09:30 PM
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bcdavis
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Some people just don't like the look of boats on trailers in driveways, cars under covers, RVs, etc... It does indeed change the overall look of the neighborhood if everyone has multiple "hobby" vehicles under covers in their driveways. I assume that what they want to see is a row of houses, with normal cars parked in front of each house. Not an excessive number of vehicles. So in your case, I can almost guarantee the cover is the problem. Not the number of cars. 3 is not very many. Especially with one in the garage. If you kept your garage closed at all times, how would they know you don't just have two cars? Your 928 and your truck... in fact, I am sure your 928 looks cooler and nicer than your truck or your wife's car! It's an exotic! It's a Porsche! It makes your neighborhood look good! But car covers don't. I would talk to the HOA rep, and explain that you will make some changes, and only have two cars visible in the driveway from now on. And simply ditch the cover. I think that will satisfy whatever neighbor complained. And I don't think the HOA will pursue it any further if you agree to have only two vehicles visible in the driveway. Just don't leave it up on jack stands or under a cover. Too many people are going to think it looks "white trash" to have cars on blocks in the driveway. Keep it washed, waxed, and not all dusty, and you shouldn't have any more complaints...


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