Forum Discussion
mgirardo
Feb 12, 2015Explorer
If the truck is in violation of the CC&Rs (the one in the background could be too), the HOA would have to take the owner to court if they refuse to remove it. The linked story is just that, a story; it's someone complaining on a Blog. We have no idea what the actual facts are in this matter. Our HOA has the Right of Abatement if home owners refuse to correct an issue. So in this particular case, the HOA could have his vehicle towed out of the neighborhood. However, I doubt that would ever happen without going through the courts first.
Our HOA does not allow 3/4 ton trucks longer than 20 feet. However, that rule is not enforced. It does seem silly to ban a F150, but those owners knew the rules when they moved in. If they didn't know the rules, they shouldn't have signed the form at closing that said they did. When a rule is clearly defined in the covenants, the courts rarely side with the home owner that is in the wrong.
Our covenants state that the Board of Directors can make clarifications to vague covenants. For instance, our CC&Rs has a parking restriction, but it doesn't mention not parking on the lawn. A handful of owners wanted the board to clarify the parking restriction to include no parking on lawns; so they did. The board is not required to inform members of these types of changes. However, a warning notice must be sent out if a member is in violation and the member can contest the notice if they feel they are not in violation.
We had no intention of ever living in an HOA, but when we moved to GA and saw what the neighborhoods were like that didn't have an HOA, we decided to live in an HOA controlled neighborhood. We live in a small neighborhood with about 60 homes. We have a lot of restrictions, but they aren't strictly enforced. Our HOA is mostly concerned with owners keeping lawns maintained and homes' exterior cleaned. Although they did go after an owner that tried to put a dog kennel up in their front yard.
-Michael
Our HOA does not allow 3/4 ton trucks longer than 20 feet. However, that rule is not enforced. It does seem silly to ban a F150, but those owners knew the rules when they moved in. If they didn't know the rules, they shouldn't have signed the form at closing that said they did. When a rule is clearly defined in the covenants, the courts rarely side with the home owner that is in the wrong.
Our covenants state that the Board of Directors can make clarifications to vague covenants. For instance, our CC&Rs has a parking restriction, but it doesn't mention not parking on the lawn. A handful of owners wanted the board to clarify the parking restriction to include no parking on lawns; so they did. The board is not required to inform members of these types of changes. However, a warning notice must be sent out if a member is in violation and the member can contest the notice if they feel they are not in violation.
We had no intention of ever living in an HOA, but when we moved to GA and saw what the neighborhoods were like that didn't have an HOA, we decided to live in an HOA controlled neighborhood. We live in a small neighborhood with about 60 homes. We have a lot of restrictions, but they aren't strictly enforced. Our HOA is mostly concerned with owners keeping lawns maintained and homes' exterior cleaned. Although they did go after an owner that tried to put a dog kennel up in their front yard.
-Michael
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