Forum Discussion
107 Replies
D & M wrote:
Ya, ya, the HOA has it's covenants, and those people that chose to live in the neighborhood are bound to abide by them, but I think it's kind of cheesy to complain about 2 feet of set back. You have to have a hard heart to deny these people an exception.
That's the problem with these HOA committees. They want to throw their weight around so badly, they lose sight of what's really important in life.
i think the argument re: a whole house generator has merit particularly when you take into account the fact that one of the parents testified that he took the RV off the property for extended business w/o his son. I've never worked with a multiple dwelling corporation that WANTED to throw it's weight around for the fun of it but have heard it said of them.- Ya, ya, the HOA has it's covenants, and those people that chose to live in the neighborhood are bound to abide by them, but I think it's kind of cheesy to complain about 2 feet of set back. You have to have a hard heart to deny these people an exception.
That's the problem with these HOA committees. They want to throw their weight around so badly, they lose sight of what's really important in life. wa8yxm wrote:
First: it is possible he was not given the rules in writing.
Second, Seems to me Americans with Disabilities would also apply since the RV was customized to provide support for a disabled American.
But, I am not a lawyer.. I like it when HOA's loose though.
At the closing, a copy of the existing rules and regulations are generally incorporated into the signatory documents. Since most people attend the closing with their attorney and their bank's attorney, I doubt that the buyer(s) were unaware of any restrictions. Course they might not have paid attention.
I'm not a lawyer either but I have been known to tell a judge I've been thrown out of better courtrooms.....
The ADA laws were not invoked in this court case for a very good reason: there are practical restrictions to it.
I actually bored self into reading the actual court case history. Will try to post the decisions w/o violating the proprietary license of the website.TOOBOLD wrote:
Did anybody look at the size of that boys wheelchair and how large it is? Has anyone thought about the turning radius that is required, so he can move in the RV? The boy is currently on a ventilator. Has anyone thought that his medical condition has deteriorated over the years and the support system needed is more extensive.
Still think they did the right thing. The generator is not sufficient to move this young man out of harms way if a hurricane is coming.
Toobold - That may all be well and true, but WE DO NOT KNOW because the article does not tell us that. The article does not tell us a lot of information. And that missing information is what's going to justify the decision or not. Do you know if they have a daily vehicle that can transport the boy to safety? The article doesn't mention their other vehicles. If they need to move quickly, a smaller, more maneuverable vehicle may be much more appropriate than a large class A motorhome. Again, we can throw in all sorts of considerations, but there are as many for them as there are against.- First: it is possible he was not given the rules in writing.
Second, Seems to me Americans with Disabilities would also apply since the RV was customized to provide support for a disabled American.
But, I am not a lawyer.. I like it when HOA's loose though. Bumpyroad wrote:
mgirardo wrote:
They live in a gated community with an HOA that allows them to keep the RV at the house. That sounds like a pretty lenient HOA. Obviously, the author of this article is biased against HOAs as there is no reason to mention the HOA in this article. The local Parish has jurisdiction over setbacks, not the HOA.
-Michael
yea, in that respect it is a fairly lenient HOA. However, the HOA can impose anything it wants to more strict than the parish. My HOA wanted to hire an attorney to keep on standby. there were at least three attorneys that specialized in HOA issues. that shows me that there is way too much litigation between HOAs and the lot owners. probably due to too restrictive/crazy impositions by the HOA. I am reminded years ago that one of the neighborhoods in a development in the DC area had a beautiful landscaping prize and the house that won the award was found to not comply with the rules and the best looking yard had to remove the offending "stuff".
bumpy
Actually, a "standby attorney", can be beneficial to a multiple housing corporation. Particularly when several rule changes are being contemplated or a new set of directors has been elected.
There is of course an overwhelming reason why HOAs/coops/condos exist: to lower costs for the individual buyers. That of course comes with certain rules/regulations that some will not agree with after AND before the fact.Jim Shoe wrote:
I live in a planned community with a HOA. The developers were new to the game and used boilerplate regulations. As long as they had title to more than half the lots, they had a voting majority.
No vehicles visible from the street. Not even a car. So no RVs unless you parked them behind the house in your yard. They even required prior approval to add a screen door to the front door. How ugly can a screen door be? As soon as the actual residents had ownership of more than 50% of the lots, the residents took over all the positions on the HOA board at a special meeting. The developers not only left town, they left the state.
There are still regulations, but they're voted on by the people that actually live here, and they're livable and sensible.
i'm sure that the HOA board that my employee lived in that regulated the size, shape and color of the garbage cans thought those regs were livable and sensible...two qualities that cannot be measured or defined. and that's OK for those who wish to have nearly every aspect of their lives regulated. not me, not us.- Did anybody look at the size of that boys wheelchair and how large it is? Has anyone thought about the turning radius that is required, so he can move in the RV? The boy is currently on a ventilator. Has anyone thought that his medical condition has deteriorated over the years and the support system needed is more extensive.
Still think they did the right thing. The generator is not sufficient to move this young man out of harms way if a hurricane is coming. mgirardo wrote:
They live in a gated community with an HOA that allows them to keep the RV at the house. That sounds like a pretty lenient HOA. Obviously, the author of this article is biased against HOAs as there is no reason to mention the HOA in this article. The local Parish has jurisdiction over setbacks, not the HOA.
-Michael
yea, in that respect it is a fairly lenient HOA. However, the HOA can impose anything it wants to more strict than the parish. My HOA wanted to hire an attorney to keep on standby. there were at least three attorneys that specialized in HOA issues. that shows me that there is way too much litigation between HOAs and the lot owners. probably due to too restrictive/crazy impositions by the HOA. I am reminded years ago that one of the neighborhoods in a development in the DC area had a beautiful landscaping prize and the house that won the award was found to not comply with the rules and the best looking yard had to remove the offending "stuff".
bumpy- They live in a gated community with an HOA that allows them to keep the RV at the house. That sounds like a pretty lenient HOA. Obviously, the author of this article is biased against HOAs as there is no reason to mention the HOA in this article. The local Parish has jurisdiction over setbacks, not the HOA.
-Michael
