Get 2 months of free community web site hosting from Community123.com!
Sunday, August 25, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: HOA chooses when to follow rules.
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
GlenM5
(Tennessee)

Posts:5


06/27/2019 6:34 PM  
There is a rule that says no boats or trailers ect.. allowed in the drive way. There is about 3-5 members that keep it there all year around , the hoa says they are grandfathered in but cant product documents cause it was a verbal contract. Then there is people that bring the boat / trailers for a few days , cleans them, gets them ready and then leaves, HOA when asked said they are allowing people 3-5 days to clean ect..

Now I bring in a boat/trailer and within 2 days i get a letter saying it cant be there due to this rule ect.. and that they are allowed to tow it at any time. I was actually finished and about to move it back to storage BUT decided to just park it on the street. The street is public , and the documents just say any boat must be stored in the garage. So I take it storing it at a marina is ok cause the HOA dont control that, just like the street would be ok cause they dont control that.

Anyhow after a few hours i moved it.


So my question is , if they allow others to break the rules and try to enforce them on me would it hold up in court?

thanks
MelissaP1
(Alabama)

Posts:8415


06/27/2019 6:54 PM  
Did anyone else park theirs on the "public" street? I don't think you can park these things on public streets either. So doesn't sound like "All things being even" here. Have a feeling there is a missing details here in the difference.

Former HOA President
GlenM5
(Tennessee)

Posts:5


06/27/2019 7:28 PM  
I think you can, ow we both think something. Anyhow all detail is here. Not sure what else could be missing. O yeah I was on board. Made there life hell because i wanted them to follow rules and do things right. But it was a loss cause.
NpS
(Pennsylvania)

Posts:3597


06/27/2019 8:22 PM  
We have grandfathered 2 things that I remember over the years. Came about because new BOD wanted to enforce a rule not enforced by a prior BOD. Took the following steps both times:
- Published date when enforcement would begin.
- In same notice, stated that all current violators would be grandfathered.
- In same notice, stated that grandfather status would disappear upon sale of house.

I con't see how a BOD could start enforcing a rule with anything less. Always going to get push back. Never going to be able to come up with a decent answer.

The first thing we grandfathered was front storm doors. Still working on it after 20 years.

The second thing we grandfathered was ladder racks on trucks. Instead of calling it a grandfather, we called it a waiver. Waiver is good for 2 years only. Owner has to re-apply for approval every 2 years. Gives us some leverage against anyone who forgets to cover commercial signs too many times.

Without an announcement to the community, I think we'd be SOL.


Sikubali jukumu. Read all posts at your own risk.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > HOA chooses when to follow rules.



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement