home owners associations

Joined
15 September 2004
Messages
737
Location
sacramento california
i have a problem. i moved to this neighborhood in Folsom, i was told before i moved there that it was OK to park on your driveway, and at least 1/4 of the homes have cars on their driveways but in the CCR's it states you cannot park on your driveway. apprently it is only enforced when someone complains.
someone complained about me (i have a BMW a Tundra and an NSX).
there is no way i can get them all into my garage.
i have a "hearing" in front of the "board" next week.
i am asking the person who is complaining (anonymously) to show up at the meeting and tell me why i have i am being singled out, but unless i can prove this person is deliberately harassing me i think i am screwed.
anyone ever fight one of these things and win?
any suggestions?
i walk my dog early every morning and i swear every 4 th home has cars parked in their driveways, one up the street has 4 in the driveway and two on the street. but since no one has complained about those homes, they get away with it.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!:mad:
 
any suggestions?
i walk my dog early every morning and i swear every 4 th home has cars parked in their driveways, one up the street has 4 in the driveway and two on the street. but since no one has complained about those homes, they get away with it.
Take photos of those other homes and bring them with you to the hearing.
 
Tomorrow morning, take a photo of every car in every driveway and file a complaint. When they don't take action against every owner, argue selective application of the rules is discriminatory and that the written policies have been amended in effect by the tolerance exhibited toward all the other owners.
 
I would go for a walk with your dog and take pictures of each and every car parked in a driveway- I mean ALL of them. Make sure you set your camera to display the date and time on the picture. Print out the stack of pictures (make several copies- do you know how many board members there are?) and bring them to the "hearing". Let the board present its piece. No doubt they will pontificate about adhering to the rules and the need to keep the neighborhood looking its best, etc. After that, present them with your pictures and ask them on the record why none of these other residents are at the hearing. Ask where in the HOA rules it empowers the board to engage in selective enforcement of a policy that applies to everyone. Ask if any of these residents received a notice of hearing or notice to correct (or whatever your HOA calls it). Make a specific point to have your objections put on the record and to have the board members acknowledge that your pictures were presented.

If you are in fact in violation of the policy, this may not help. The board may tell you that you agreed to all the rules when you signed your HOA agreement. But, it could make the board think twice about going after you again. I used to live in a co-op and had similar issues with my NSX. My solution was easy- I sent a sternly worded letter to the board on my attorney letterhead. They never said anything to me again after that. :D
 
I'm betting that your neighbors directly next door and across from you do not have cars in their driveway.

So my guess is this person lives VERY close to you, within 1 or 2 doors.

Its also a good excuse to buy that lift..........
 
Last edited:
Good Luck on the fight. I would think with documentation you should stand a good chance.

If your garage ceiling is tall enough there would be the 4 post lift option.

Different HOA's seem to have different rules, etc.

The first one I lived in the HOA would persue issues with their lawyer. The last two I've been in, basically leave it up to the owners who complain to get their own lawyer if they want to push an issue. So basically nothing gets enforced, since most people aren't going to go through the cost or effort of getting a lawyer.

Our daughter and son-in'law's HOA will fine the people out of compliance. Then put a lien on the home if they don't pay the fines.

I guess they have their place, but they can be a PITA IMO at times.

I can see where they dont want clunkers or cars sitting up on blocks, but an NSX... why that would only beautify a neighborhood and increase property values :biggrin:

- Rod
 
all good advice.....but did'nt you read the covenants before buying? word of mouth is sadly worthless.
 
HOA's :rolleyes:

TryAndStopUs.jpg
 
If all that fails, tell them you are 1/64th Cherokee and if they continue to discriminate you will petition the federal government to turn over the development to you as tribal grounds and you will build a casino.
 
For a little revenge, find out your city ordinance for noise, a lot of cities are 5:30am.

Run to your nearest Home Depot and purchase the loudest gas powered leaf blower, and proceed to blow all those leaves off your sidewalk exactly at 5:30am everyday, or until that anonymous person retracts their complaint.

I did this after receiving several complaints about my dog's constant barking all hours of the night... The problem is, I don't have a dog. The neighbor that complained drives a Prius. Go figure.
 
I have been looking at houses for a few months now and will not buy anything in a HOA neighborhood for many of the same reasons. I refuse to let anybody tell me what I can and can't do with my own property
 
take it to 'em...

Tomorrow morning, take a photo of every car in every driveway and file a complaint. When they don't take action against every owner, argue selective application of the rules is discriminatory and that the written policies have been amended in effect by the tolerance exhibited toward all the other owners.

YnLyg.jpg
 
I just moved into an HOA and thankfully I can park in my driveway and on the street. I sat down and read through the 500+ pages of my HOA book to make sure about the rules. They run from the reasonable like no aluminum foil on the windows to the sublime like no open garage doors or performing heavy repairs on a car in the garage.

You probably are being signled out because your neighbors complained. Then again, it could be a new member who thinks cars parked on the driveway are bad and that person complained about every car parked on driveways.

I'd suggest asking your neighbors if they would support changing the HOA rule. It probably requires a 50%+1 vote by the association. If 25% already do violate the rule, I'd think they'd support the change.

If they fine you, pay the fine, keep your chin up and move on. And run for for president of the association next year.:biggrin:

My 2 cents.

Miner
 
Any chance you work on NSX @home?

Can't think of any other reason except jealousy. It need not be just your car. I have seen different kinds...
 
Any chance you work on NSX @home?

Can't think of any other reason except jealousy. It need not be just your car. I have seen different kinds...

there is an empty lot across the street.
my garage is side facing, the home immediately facing it is owned by a corporate trainer for Honda, and periodically parks a big box van on the street. it is not him. (i don't know how he gets away with that).

if it is a close by neighbor, it is someone who is not looking at my driveway unless it is from far far away. but there is one really weird neighbor who it might be.

i have submitted detailed lists of all the vehicles parked at 4 AM in the driveways and streets. what really galls me is that four houses up a regular size van is parked about 6 feet from the street on his driveway with commercial signage on the van. it never moves. it is there 24/7. i think he is advertising. this violates quite a few of the CCRs. when i mentioned this to kocal (the agency that oversees all this) they told me i should complain. i told them i didn't care what he did with his driveway!!!

i measured the width of my garage doors. unless i get a lift it simply is not possible.
to do a lift i will also have to change the rails my garage door goes up. this will cost about 400 dollars. lift at costco is about 2200. installation extra.

meanwhile my wife tells me she does not want me messing with the garage doors.

regarding jealousy - i bought this home from the treasury department. the former owner got 20 years for operating a ponzi scheme. i got a really good deal on it. maybe someone hates me because i got the home for 1/2 off or they were friends with this ponzi guy or his wife. i did call animal control about a guy whose unleashed pit bull was trying to kill my leashed dog, but that was after someone else called the police. but that is it - i really have made no enemies other than this.

my wife thinks if i back off on wanting to know who is complaining (i have that right per the CCRs) they might compromise and let me park my Tundra in the driveway. if they don't i am going to either have to put my NSX in storage somewhere or sell it or sell the Tundra and get a smaller truck.

i still cannot believe these guys on the board drive by all these other homes with vehicles parked in their driveways and are going to screw me on this.
they talk about fines in the CCRs but they do not mention how much they are.

yes i could complain about all the other violations. i have offered to take the KOCAL people on a tour of the community. what good is that going to do me?
it just compounds the problem, and makes me into a PITA.:mad:
 
I would go for a walk with your dog and take pictures of each and every car parked in a driveway- I mean ALL of them. Make sure you set your camera to display the date and time on the picture. Print out the stack of pictures (make several copies- do you know how many board members there are?) and bring them to the "hearing". Let the board present its piece. No doubt they will pontificate about adhering to the rules and the need to keep the neighborhood looking its best, etc. After that, present them with your pictures and ask them on the record why none of these other residents are at the hearing. Ask where in the HOA rules it empowers the board to engage in selective enforcement of a policy that applies to everyone. Ask if any of these residents received a notice of hearing or notice to correct (or whatever your HOA calls it). Make a specific point to have your objections put on the record and to have the board members acknowledge that your pictures were presented.

If you are in fact in violation of the policy, this may not help. The board may tell you that you agreed to all the rules when you signed your HOA agreement. But, it could make the board think twice about going after you again. I used to live in a co-op and had similar issues with my NSX. My solution was easy- I sent a sternly worded letter to the board on my attorney letterhead. They never said anything to me again after that. :D

they only act if there is a complaint. someone hates me.
when i find out whom, i can hate them back.
isn't this special...
 
Last edited:
I have been looking at houses for a few months now and will not buy anything in a HOA neighborhood for many of the same reasons. I refuse to let anybody tell me what I can and can't do with my own property

I live in a condo, before this I was in a Single Family Home in Arizona under an HOA. It is amazing how much power these organizations have. Once they got you in their sites.. its over.

HOA's are the most socialistic, anti american organizations I have ever had the displeasure of dealing with. They justify their existence by preventing some douchebag from keeping a front yard full of cars on blocks, etc etc. But really, how common is that anyway?

What HOA's really are after? Control! Thats all they want. If you are young you are automatically a target. If you have nice stuff or the largest model you are a target. If you got a good deal on your place you are a target. If you drive a fancy sports car that they could only dream of you are a huge target.

I found out the hard way just how powerful they can be when they feel like coming after you. All you can do is complain about others which the HOA actually likes - it increases revenue for them. In fact they thrive on these types of complains. Everyone loses - except them. Even with evidence this is not a court of law - and many CCR's have rules against taking them to court. It can take YEARS to effectively fight and eventually win against an HOA. The only answer is to give in to whatever they want... QUICKLY or those fees become liens, and they can foreclose on your property even if you are current on your mortgage.

Furthermore, look at the disturbing trend. HOA's fining residents for flying the American flag on their home! There is one that actually enforces rules forbidding children from playing outside. How did we all manage without HOA's all these years? Now, its hard to find any newly built property not under some sort of CCR's.

Then look at who is on the board. Usually its school teachers or librarians, artists, etc. I don't want this to get to be too political, but liberals love these positions... they flock to it. And they love sticking it to people like us who have nice things. I got busted for blasting my stereo the same day I had it delivered despite the fact that it wasnt even hooked up yet. I actually saw my HOA president write down the model number of my receiver when I buzzed the delivery guys in (on the security camera in the lobby). She saw it was a 2500 dollar reciever and slid a note under my door telling me "anonymously" that its foolish to own such equipment in a condo... then I got dinged for a weeks worth of HOA fees (50 bucks each) for noise.

Go prove that it wasn't hooked up! Go prove anything. HOA's don't practice fairness. In fact, many of them are quite open about their favoritism and kickbacks from vendors. Its a horrible entity, and wish to god we could find a newer home not covered by an HOA. Neighbors don't act like neighbors should, they hide in shadows and watch your every move and taddle tail on you. Almost every HOA has a "cop" on each block. Not a police officer, but a hall monitor type of cop watching everything you do. They are usually retired and have nothing else better to do.

In my current home, the "HALL COP" lives right next door. DAMN IT!!!!!! she monitors the whole damn building. She files violations on all residents and there is nothing we can do to stop it. She literally counts the number of visitors, when they come, when they go, she measures the decibels... but if she doesn't like you she'll lie about it. Go prove it isnt true. Its guilty until proven innocent. So of course we try to be nice to her and bring her cookies and bring her packages upstairs for her... but until she moves we will always be terrorized by her and others like her.

I wish America got its head out of its A** and people stood up against these organizations. But it seems the US is headed down a dark path of socialism and regulations rather than common sense. And my examples aren't even the worst part.

A friend of mine purchased a custom home in a NON-HOA area. Each home was 1+ million, a few celebs... a few corporate CEO's etc etc. Then all of a sudden years after they moved in CCR's were passed out to all residents in the area. WHAT?????? where did this come from? These homes which never voted for an HOA, one was never there when they purchased their homes, all of a sudden POOF, they have to comply with CCR's. Many in the area were lawyers and they are still fighting till today. its been over 3 years since this happened and one house was foreclosed on by the illegal HOA - they are confident that someday it will be rectified but in the mean time that homeowner is SOL.

Its a crime, and I feel bad for everyone who has to deal with one. I have never gone after others that came after me... it just escalates the situation. What I like to do is write a letter and slide it under all the unit owners doors informing them of all the injustices building wide. That has done more to stop the BULLS*it than anything else. These organizations thrive on silence... by torturing you and you suffer in silence. When you get the rest of the neighbors involved they will rally to your side and show up to your meeting and get that violation removed. After a while the taddle tale realizes that its not working and will leave you alone and go after someone else who will just be their victim quietly.

sorry for the long post - but I HATE HOA's with a passion
 
.......

sorry for the long post - but I HATE HOA's with a passion

Good posting! I too, hate HOA's with a passion. My stepmother works for an HOA in colorado. The stories she tells are mind boggling. She acts like a victim about getting death threats several times a month but I can only empathize with these poor folks. :biggrin: Seriously, kids playing outside. I've heard that one before.

Being a 'car guy', I know I'm a target for HOA's. Not like I'd ever have oil stains and cars on cinder blocks... but I know I'd get dinged for some stupid crap and I just didn't want to deal with it. (maybe swearing in the garage at 10pm :tongue:) I specifically asked my realtor not to show me anything in an HOA neighborhood. That's the best way to fight these organizations.
 
Which car do you park in your driveway? My inlaws have been having a lawsuit with their HOA for the past three years. They stink.
 
Back
Top