Would anyone consider this a sign

No. In my mind it would still be considered the back of a truck.

Only if a vehicle with a message on it were not operable and parked for a length of time without being moved, would it take on the character of a sign. (An example would be an old semi trailer with a seemingly unrelated message on its sides, carefully parked by a highway for several weeks or months as an apparent attempt to get around a law prohibiting billboard type signs.)

Interesting question. Somehow I think you are getting at something you are not actually asking.

Steven,

I would put it more into the category of a "bumper sticker" than a sign. On the other hand, if that slogan was mounted on a placard and placed in your front yard, then I would call it a sign.

as I figured...it is painted onto the back doors of the step-van (2-axle with 4 tires on the rear so it's large)...I'm just so frustrated that our HOA prez is allowing just about anything to be kept in the neighborhood. Several members have voiced concern but he has chosen to ignore those concerns for whatever reason.

His answer...well "I'm" not going to restrict that "we are a working class neighborhood"..."besides the parking paragraph allows parking up to 48 hours"...you are just being ridiculous complaining about it.

so I'm wondering just how well that would hold up in court should someone decide to sue the HOA over the commercial trucks and/or other violations that occur on a daily and continuing basis.

See my other threads:

http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/49670/Default.aspx
http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/48556/Default.aspx

nope

I guess my argument is really that it is a commercial vehicle and even the city/state consider it a commercial vehicle and therefore according to the CCR's is prohibited unless he can park it out of sight or in the garage (good luck with that one won't happen). Our HOA Board or should I say HOA prez won't act on it and says that as long as it doesn't stay in one place for 48 hours he won't do a darn thing. This truck comes and goes everyday although on the weekends it stays in place from Friday at 4:30 till Monday morning.

I'd move but unfortunately I am not in a position to do that, so I'm pretty much stuck here. Because of my home location I can't go out or even look out my front door without having to see this obnoxious thing not too mention the Home Depot semi-truck that shows up on occassion.

Here's the response when I tried to get the city under our ordinance to do something about it:



Now here's the city code:

Sec. 122-844. Storage and parking of trailers and commercial vehicles in residential areas.
Commercial vehicles and trailers of all types, including utility, hauling, travel, camping and boat trailers and camper shell, shall not be parked or stored within any residential area except in accordance with the following provisions:
(1) Semi-tractors.
a. Upon issuance of a permit as provided under this section, a semi-tractor may lawfully be parked in a residential driveway, provided:
1. Permits shall only be issued to persons legitimately owning or renting the real property.
2. Permits shall only be issued to owner/operators of persons legitimately leasing, lease-purchasing, or owning a semi-tractor.

So if the one truck isn't a semi-tractor the councilman is correct, it doesn't require a permit but since it is a "commercial truck" being used in a legitimate business then it should be prohibited from being parked in the area based upon the ordinance. I brought that up to the city so will see what happens.

My whole complaints with the HOA, in general, is that they do not enforce anything and provide questionable responses to complaints. All they focus on is their little pet projects (pond fountain, benches, covering the grafitti on the playground equipement, etc.).

Anybody need a home in OK?? lol

I think this link will work to see the truck...

http://members.cox.net/btlfan64/P8170166.JPG

as discussed in another thread here's the restriction..



you'll note that they are allowing it by virtue of "unless expressly authorized" portion of the section...this simple little line means they can ignore almost anything the Prez wants to ignore. The board has never voted to authorize this and it has been a unilateral decision on the part of the President owing to his own judgment. In MHO whoever wrote this line into the covenants/restrictions is a complete moron of the highest caliber. Why even have the entire paragraph in it...tomorrow he doesn't like someone so he'll enforce the restriction on them but not the two he likes? Sorry for the sarcastic remarks but I didn't bargain for this in a "deed restricted" community!

The reason I started this thread was because someone had mentioned to me they considered it a sign.

Mary;

Here's our restriction. His problem is he doesn't want to do his job...he wants the title in name only and only acts on his pet projects or if it offends him personally. I can guarantee nothing will be done but I'm going to make a formal complaint to another board member to see what happens. I'm also still in discussions with the city about the definition of what this vehicle is...they say it could be classified as a semi-truck/tractor...NOT....

MaryA1;

The President has made the determination/interpretation based upon the 48 hour consecutive passenger-p/u truck portion and is ignoring the part that says any other type vehicles such as "commercial vehicles" in places other than enclosed garages part. The saga continues but I believe they will just refuse to act or call it a "ridiculous" complaint and ignore any complaints on the issue, something I consider to be a very serious problem with him and the Board at large. Judging from past meetings nobody cares and participation except for freebie parties nobody associates with anybody...

Stephen,

Which, sadly, is the status quo for most assn's! The only thing you can hope for is that a new board will be seated and they will have a different interpretation. With enough pressure from the majority of the members this may come to pass; but as long as apathy runs rampant. . . .

The Board elected the officers NOT the membership...they didn't have a quorum. The previous President became the Vice President and the former VP is now the President...all elected voted on by the current/previous Board members...nothing has changed except the Pres/VP positions...after a mere two years in existence is has become a good ole boy institution where the positions are swapped back and forth...I was nominated and received one vote...mine...what chance would there be to get these two out of office...slim to none in my opinion...apathy rules the neighborhood...

as soon as I can swing a move, I'm going out to the country where there is NO HOA!!!

good idea, I'll check on the small claims angle...it would be doable if they'll allow it.

George,

Many assn docs state a member may enforce the CCR restrictions. Some state the member must first petition the board to enforce; if they don't then the member may -- at the member's expense. My assn CCRs require a written request from at least 10 owners, if the board fails to enforce for an unreasonable period of time (which shall exceed at least 30 days), then the members may enforce on behalf of the assn by whatever appropriate action. Some ambiguity there as to whether it would be at the assn's expense of the members' expense.

We have 1,701 members, so it's not even 10%. If you look at it that way, I don't think it's steep. The CCRs of my former assn of only 49 homes, has the same wording except that an individual member could submit a written request to the board.

Michelle - we're just using standard "typographical emoticons":
http://en.wikipedia.org/wiki/Emoticon
Scroll down on that page to find some common examples. The HOATalk server automagically turns them into the images that you see.

Just to test, lets see which ones the HOATalk server knows
:-) happy
:-( sad
;-) wink
:-D big grin
:-P tongue out
:-* kiss
> angry
:-O surprised
:-/ uncertain

And some of my favorites
8-) Smiling with glasses
:-{)} Smiling with a beard and mustache

hmm...





:\

ahh. okay.

I was under the (obviously mistaken) impression that 10 residents were required to file complaints about potential CC&R violations!

In the words of the late, great Emily Litella:

"Nevermind!"

LOL

I sorta kinda always knew how to do that one.

I just assumed there was a specific URL for HOATalk that gave access to the others, like and :?

Actually, there is another choice. You could talk with your neighbors and speak about getting the neighborhood looking better. Ask them if it seems the neighborhood is not what it used to be. Engage them in the conversation about how it is too bad things have gone downhill.

It is possible to get people to act, you just have to be realistic about the numbers. For instance, if 100 people are upset with you then perhaps 10 to 20 will actually bother to show up at a meeting. And you might have 2 or three actually wanting to "get involved."

So you task (Should you accept it) is to find those few people. Make notes of your conversations. Getting proxy statements is relatively easy. You just have to pay attention to those who want things to change (And may not be willing to do anything.) Then you knock on their door with proxy in hand and ask them to sign to allow you to represent them in bringing change.

If you find two others in your neighborhood with a real desire, you can completely change the face of the neighborhood. But don't expect change over night. And if you come to power you will need to gently work on improving the neighborhood. Tighten up over a period of time.