Combating the evil homeowners association

[[Zero-S]]

Someone help me out here...

I bought a 240, doesn't run yet. Been working on that car for weeks on end, and obviously someone doesn't like it. The car was left on the street one day, got tagged. Ok. So I moved it into my driveway and talked to my neighbor across the street (VP of the assoc., awesome guy, and a good friend). He said that it being parked in my driveway wouldn't be a problem.

Today a tow truck comes, along with 3 cops cars to get my car. And if my mom wouldn't have been home, I would have gone to jail. Making a long story short, my mom called the association, and basically said that if that car was towed, they could expect to see a)one less family living in our complex (we've been here since 91), and b)no association fees until we leave. Tow truck was called off, but they said they would be back to pick it up another time.

I'm not trying to lose something that I've put my time and effort into, not to mention my friends. Honestly don't look forward to coming home one day and finding my car randomly gone.

So people, tell me the workarounds to an evil association.

[BB Turbo]

I would talk to your neighbor more and see if you can show up at some of their meetings. That would suck arse to see you and your car get homeowners associatiowned. It seems as though they are in the wrong.

[[Zero-S]]

I don't see how much more wrong they can get...They're trying to pull mycar from my driveway

[BB Turbo]

Time for you to start pwning them and get teh law into this, maybe a lawyer?

[[Zero-S]]

Lawyer=$$$Rob does not have this money thing.

I wish there was a way to knock some sense into them that this is going to be a summer-long project, and there isn't a damn thing they can do about it.

[BoyWonder]

You should get plates for it. That'll make it harder to tow. Then again, you need money for that.. bad timing on changing jobs. You just need to hurry up and finish it! Don't get lazy :oface

[MaineExport]

Lawyer=$$$Rob does not have this money thing.

I wish there was a way to knock some sense into them that this is going to be a summer-long project, and there isn't a damn thing they can do about it.

Well see, there's the rub...

I'd spend some quality time looking over the contract mom signed with the homeowners association. I'm sure the police would NOT have gotten themselves involved if the association didn't have some kind of legal backing. Just a thought.

I'm not sure what kind of neighborhood or complex it is that you're living in... but obviosly they take asthetics pretty seriously. That's pretty lame... how ugly is this car?;)

[[Zero-S]]

The car isn't ugly at all:pface

And its covered up, not like they can see it anyways. (IE car cover while I'm not working on it).

Police didn't get involved until we called them. They said there was nothing they could do for either side though.

[MaineExport]

Police didn't get involved until we called them. They said there was nothing they could do for either side though.

Oh... sorry I was confused. But regardless... read over the contract and see what kind of remedy exists for you. "They" have apparently made a decision about the removal of your car... and there is probably a method of appeal or something that you can take advantage of. Good luck....

[Rex]

A couple links that "somewhat" apply to towing vehicles in Newport News:

From Private Proterty

Includes Ordinace Reference regarding towing vehicles.

If you don't have the cash, you gotta have the time. Search through and possibly call someone and ask what your legal grounds are. I'm pretty sure if it's off the street and enclosed or covered, you should be okay, but someone should be able to tell you for sure. Also, I don't think the HOA can make rules that supersede local ordinaces.

Good luck.

[Rex]

Ok, those links are to cached docs and don't "link" well, but try this one that Spells Out what you are allowed to have.

[[Zero-S]]

Thanks Rex. As usual, you're a huge help.

[Anand]

Well, coming from a home owner who has to deal with HOA. I'll tell you this. If you own your own home, they can not come on YOUR property without your concent. They have a major liability on their hand. You can't just call a tow truck and have someones car towed from their driveway! HOA first has to bring it to your attention. THen they have to make sure that you take care of it. They can not just ake actions without letting you know about it. tagging the car once does not justify it to be towed from your driveway.

[[Zero-S]]

See, your point is what I understood the issue to be. As long as its on my property (ie in my driveway) they can't touch it. Guy driving the tow truck actually came onto my property, pulled the car cover off my car to check for plates and inspection stickers, and was getting ready to start towing the car.

[Anand]

See, your point is what I understood the issue to be. As long as its on my property (ie in my driveway) they can't touch it. Guy driving the tow truck actually came onto my property, pulled the car cover off my car to check for plates and inspection stickers, and was getting ready to start towing the car.

no can do, BUT, read your HOA papers carefully... there might be some loop hole they can play on.

So, is your car registered? what is the status of the car as far is DMV is concerned?

Because as far as I know, you CAN have a non registered car on your property if you want to.... so as long as it is not a a juker (in HOA's eyes)

Fight it with the HOA!

Go to the meeting and fight, drop the word lawyer and a lawsuit and see where it get's you...

I had a problem with my neighbor about my dog from the first day I moved in to my new house..

The even came over yelling and screeming and stuff at me and my wife.... even my parents when they were visiting...

I went to the HOA meeting, they were there... I told everyone exactly what happened.

I even told them not to ever come to my door or they and the HOA will see some legal actions from me for harrassment..

since then, not once they have come over or anything.

Read up on laws about having a car... I did the same with laws about owning dogs...

thentry to find out WHY they were going to tow your car.. then find out what you have going for you and combat them with it!

[[Zero-S]]

Working on it already, thanks Anand.

Car is un-registered, titled in my name. Will be registered as soon as I get it running, and get insurance on it. The running part is what concerns me right now, no point in registering and insuring a car that I can't drive.

My neighbor has been with me 110% on this project, and wants to help me out in any way that he can (mechanically even:)). And he's the friggin VP of the association. Thats what pisses me off the most.

[AZhitman]

Good work guys!

Zero - Tell the tow truck driver I'ma beat his arse if he jacks with your 240... He knows me.

[phenryiv1]

Call the HOA Pres and ask for the provision in the agreement that they are using to justify the potential towing of your car. Also, request that no action be taken until you can review that provision for yourself AND potentially have it reviewed by a lawyer (even if you don't plan to actually do it, just mention it).

Then post EXACTLY what the agreement says on here. Though I am not currently a practicing attorney, I went to law school and worked my way through graduate school at a not-for-profit law firm where about 1/2 of our cases involved property and/or landlord tenant law.

I know that some places require that cars be legally registered to be parked on your own property. I knwo that it sounds silly, but a prson can sign away rights, as long as the document is properly crafted. (Think Miranda rights being waived.) You (or your mother) may have signed away your right to have a non-registered vehicle parked in public view.

One document that i read that was from the 1970s actually banned having a pickup truck in your driveway/yard/on the curb. All pickups had to be garaged. Seems odd now in the days of $40,000 pickups, but when it was signed, pickups in that area were typically "work" vehicles, and they HOA thought that they were an eyesore. That provision still existed in 1999 when they finally retracted it because it was out-of-date, but the point is that you can contract for almost anything.

In my apartment complex, you cannot park a vehicle registered or tagged out of state in any space but a visitor's space. All cars must also carry valid state and county tax stickers.

Just some info to think about...

[C-Kwik]

Call the HOA Pres and ask for the provision in the agreement that they are using to justify the potential towing of your car. Also, request that no action be taken until you can review that provision for yourself AND potentially have it reviewed by a lawyer (even if you don't plan to actually do it, just mention it).

Then post EXACTLY what the agreement says on here. Though I am not currently a practicing attorney, I went to law school and worked my way through graduate school at a not-for-profit law firm where about 1/2 of our cases involved property and/or landlord tenant law.

I know that some places require that cars be legally registered to be parked on your own property. I knwo that it sounds silly, but a prson can sign away rights, as long as the document is properly crafted. (Think Miranda rights being waived.) You (or your mother) may have signed away your right to have a non-registered vehicle parked in public view.

One document that i read that was from the 1970s actually banned having a pickup truck in your driveway/yard/on the curb. All pickups had to be garaged. Seems odd now in the days of $40,000 pickups, but when it was signed, pickups in that area were typically "work" vehicles, and they HOA thought that they were an eyesore. That provision still existed in 1999 when they finally retracted it because it was out-of-date, but the point is that you can contract for almost anything.

In my apartment complex, you cannot park a vehicle registered or tagged out of state in any space but a visitor's space. All cars must also carry valid state and county tax stickers.

Just some info to think about...

This is along the lines of what I was going to suggest, I'd call him and ask himn to provide where in the agreement they think they have the right to tow your car. Put the request in writing and also ask for the explanation in writing as well. This may make them think twice about it, especially if their case is weak. If worst comes to worse and they have a legitimate reason, then this can also show that you are trying to work wih them as well. I might even go as far as asking for alternative solutions to the problem as well. Judges can tend to look down on those that do nothing to try and come to a resolution on their own, if it is an option. If you are in good faith showing that you are willing to try and work it out, it will look bad on them if they do not at least try.

[IvoryJ30t]

damn. i would never move into a gated/organized community complex.

i cant imagine someone being able to tell me what i can and cant do on my own damn property.

i reserve the right to tell my neighbors to go **** themselves.

[phenryiv1]

damn. i would never move into a gated/organized community complex.

i cant imagine someone being able to tell me what i can and cant do on my own damn property.

i reserve the right to tell my neighbors to go **** themselves.

You reserve that right as long as you do not sign it away in the fine print of a contract. In many cases, the HO Agreement is a part of the purchase process for the land or property. The general term for such a contract is a Restrictive Covenence.

[phenryiv1]

This is along the lines of what I was going to suggest, I'd call him and ask himn to provide where in the agreement they think they have the right to tow your car. Put the request in writing and also ask for the explanation in writing as well. This may make them think twice about it, especially if their case is weak. If worst comes to worse and they have a legitimate reason, then this can also show that you are trying to work wih them as well. I might even go as far as asking for alternative solutions to the problem as well. Judges can tend to look down on those that do nothing to try and come to a resolution on their own, if it is an option. If you are in good faith showing that you are willing to try and work it out, it will look bad on them if they do not at least try.

Exactly. Besides, I feel that if the car is NOT an eyesore and if he keeps it covered when he is not working on it, most HOAs would allow him to keep it on the property, so long as he was making an effort to get the car to legal status. I would think that if he went to a HOA meeting and explained the situation in a non-advresarial way, things could be worked out.

If worst comes to worse

Excellent use of this saying! Most people botch it.

[IvoryJ30t]

or, i will just never move into communist community.

if i have to sign a contract saying i give up my rights to be obnoxious or act like a prick, i definately wont be living there.

i bet those contracts also frown upon air tools and drunken barbequing at 3 in the morning.

if i decide i need to take a car apart for no reason on my lawn, while spewing obsenities, then dammit its my right to do so.

i just dont get it. i would never move to a place that can kick you out or cause trouble for you if you dont follow the rules. i can see if your renting an apartment or something, but if i buy a house, and some ******* wants to tell me i cant do something...

talk to my lawyer, his names remmington. he's got a 12 gauge reason why your gonna shut the **** up.

[IvoryJ30t]

and thats when i would be removed from the community by the cops...

[MainEvent212]

man it's too bad you dont live where i do...my neighbors are frightened of me...why? because they know i'll run their children over if i get the chance :pface

[Mr1der]

boy I tell ya, I'd **** up their yards like you wouldn't believe if they got my car towed...

I'm not the type to carry around a box with over a hundred moles, but I think I'd have to make an exception in this matter.

I'm glad I live out in the country where I can go without even mowing the lawn for a few weeks.

[IvoryJ30t]

5 gallon pressure sprayer full of defoliator.

then go around spraying lawns and bushes and the like.

[C-Kwik]

Say that after you've looked at the current cost of housing in the LA and Bay Areas of California.

[IvoryJ30t]

cant be too much worse than where i live.

average home price- $800k [harrison]the next town- 1.3mil [purchase]the next- $950k [rye]the next- $750 [west harrison]

[The Mic]

i wish my hoa would be as strict as your guys'.

my hoa is too ****ing lazy. I mean they dont do **** and never hold any meetings. What bothers me is that theres this guy whos selling an s14 240sx (3k, w/haggling) and an 89 nissan maxima. I mean these cars are takie up our parking spaces just sitting there and apparently i cant say anything bc he drives each car at least twice a week. And dont get me started on my neighbor bc GOD, they have 2 families in their house and they own 2 civcs(riced), 2 maximas, 1 lexus es300, 1 minivan and a pickup truck. I mean cmon they take up all the spaces, they practically have a monopoly on the complex's parking spaces (4 spaces). My mom has to park on the OTHER side when she gets home from work (theres 2 streets) and walk back to my house. AND NO1 SAYS **** TO THEM BC IT AINT THIER PROB. We own 4 cars but my i have to have 1 driveway space clear bc i go to work. I would tell them off but my parents dont want me saying anything bc it would be "rude". I h8 it when nice ppl get taken advantage of. I dont mean to hijack this thread but is there anything i can do that can be a remedy to any of the rants im making????

sry i just needed to vent