TV Parking
Does this really belong in America? Really Sad
Forum Discussion
6 pages of comments. Having been on an HOA board and having been on both sides of HOA Rules disputes (both as the "party" and as counsel), what I'd offer is:
- Rules cut both ways: When a rule says "this is not allowed", it means only that "this" is not allowed, not "this plus what we think should be this"...oftentimes it takes time and expense to get to that point, but "rules" ultimately as as much inclusive as exclusive;
- Selective enforcement is the bugaboo that often sinks many a busybody HOA enforcement action;
- The "article" is incredibly short on facts; from the article, the only thing I'd read as even possibly a "fact" is that there is a lawsuit in Onondaga County Supreme Court;
- It is the HOA's obligation to provide the HOA rules in the resale cert or other documentation;....it is the buyer/potential owner's obligation to read and understand those rules and (IMNSHO) to clarify in a defensible way and vagueness or ambiguity in the rules.
- I prevailed in a non-litigated dispute at one point because I had a written (e-mail) response from the HOA stating that "Yes, that commercial vehicle in the storage yard belongs to Mr. X and it's been there for Y years." This HOA had a clear rule about no commercial vehicles in driveways but was silent on their presence in storage yards. Since I had that information prior to my purchase, I felt safe in being able to defend the use of the storage yard for my commercial vehicle if the HOA ever came after me...they did and I defended and the issue went away.
Bottom line as has been posted in the prior 6 pages: If you don't like HOA's, don't buy in an area with HOA's. If you prefer the benefits (and I see both sides of that argument), then just make sure you understand the rules.
- Rules cut both ways: When a rule says "this is not allowed", it means only that "this" is not allowed, not "this plus what we think should be this"...oftentimes it takes time and expense to get to that point, but "rules" ultimately as as much inclusive as exclusive;
- Selective enforcement is the bugaboo that often sinks many a busybody HOA enforcement action;
- The "article" is incredibly short on facts; from the article, the only thing I'd read as even possibly a "fact" is that there is a lawsuit in Onondaga County Supreme Court;
- It is the HOA's obligation to provide the HOA rules in the resale cert or other documentation;....it is the buyer/potential owner's obligation to read and understand those rules and (IMNSHO) to clarify in a defensible way and vagueness or ambiguity in the rules.
- I prevailed in a non-litigated dispute at one point because I had a written (e-mail) response from the HOA stating that "Yes, that commercial vehicle in the storage yard belongs to Mr. X and it's been there for Y years." This HOA had a clear rule about no commercial vehicles in driveways but was silent on their presence in storage yards. Since I had that information prior to my purchase, I felt safe in being able to defend the use of the storage yard for my commercial vehicle if the HOA ever came after me...they did and I defended and the issue went away.
Bottom line as has been posted in the prior 6 pages: If you don't like HOA's, don't buy in an area with HOA's. If you prefer the benefits (and I see both sides of that argument), then just make sure you understand the rules.
