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About to get into a fight with HOA over parking policy inside the community
Posted on 9/28/14 at 1:56 am
Posted on 9/28/14 at 1:56 am
We just moved into a new neighborhood consisting mostly of condominiums and town homes. There are about 50 street-side parallel parking spots within the community that the HOA has decided are for visitors only. I am fine with designating a few spots inside the community as visitor's parking spaces. But seems like the current policy designates every spot inside the community as visitor's parking, which makes no sense. Not sure what the thought process there was. I personally think 50 is too many to designate for visitors only. Most of the condos have tandem garages and people have to park their cars one behind the other. So many residents park one car in the garage and one on the street in front of their home, which is what we do. However, the HOA is going to start enforcing the parking policy and will soon start towing cars. But I have very little inclination to stop parking on the street.
I am wondering if our car gets towed for parking in front of my home, do we have any recourse other than to pay the fine? Can we go after the HOA in some fashion to recoup the towing charges? Are we forced to play by the rules they have come up with on which I had no input as a resident (the HOA board members have been living in the community longer than we have).
I am wondering if our car gets towed for parking in front of my home, do we have any recourse other than to pay the fine? Can we go after the HOA in some fashion to recoup the towing charges? Are we forced to play by the rules they have come up with on which I had no input as a resident (the HOA board members have been living in the community longer than we have).
11
Posted on 9/28/14 at 2:48 am to saintforlife1
quote:
I personally think 50 is too many to designate for visitors only.
Quite frankly, who gives a frick what you think? Read the HOA rules and regulations before you purchase property and don't try to change things after you have already agreed to them. If you didn't like the rules, the time to speak up was before you purchased or leased. Ignorant and entitled worldview. The fact of the matter is that you neglected to complete due diligence in your purchase or lease and are now crying foul.
This post was edited on 9/28/14 at 2:51 am
Posted on 9/28/14 at 4:07 am to BigAppleTiger
That's a bit harsh but unfortunately for the OP still essentially correct. The HOA voted on the rules before he moved in and he basically has no recourse unless he can convince the HOA to change the rules.
Posted on 9/28/14 at 7:32 am to saintforlife1
I asked this in another thread, but can someone clarify here.
On what authority does an HOA operate? I've seen where they can go as far as putting a lean on your property. How the hell is that even possible?
Are their names put anywhere on the tax roll/mortgage? If not, I don't see how a private entity has as much authority as the government.
Just curious where all that power comes from.
TIA
On what authority does an HOA operate? I've seen where they can go as far as putting a lean on your property. How the hell is that even possible?
Are their names put anywhere on the tax roll/mortgage? If not, I don't see how a private entity has as much authority as the government.
Just curious where all that power comes from.
TIA
Posted on 9/28/14 at 7:39 am to Lsut81
I assume you sign something when purchasing property giving them that authority but I'm not sure cause I don't have an HOA
Posted on 9/28/14 at 7:39 am to Lsut81
It is usually established when the neighborhood first gets going. There is a managing firm hired but the funds collected are used for the benefit of the neighborhood.
Rules come from the bylaws that were established at creation
If an individual does not pay dues then yes a lien can be placed on home.
Rules come from the bylaws that were established at creation
If an individual does not pay dues then yes a lien can be placed on home.
Posted on 9/28/14 at 8:20 am to saintforlife1
At the next meeting try to get enough signatures to bring it to a vote. If you have documented community support and the HOA won't budge request a hearing or ADR.
Calmly passive aggressively remind them that you realize no lender will underwrite a loan with litigation for any property in the community for as long as the dispute exists, however you and the community support feel strongly about this issue.
Good luck
Calmly passive aggressively remind them that you realize no lender will underwrite a loan with litigation for any property in the community for as long as the dispute exists, however you and the community support feel strongly about this issue.
Good luck
Posted on 9/28/14 at 9:01 am to yellowfin
quote:
I assume you sign something when purchasing property giving them that authority but I'm not sure cause I don't have an HOA
establishment of a homeowners association is established as a legal document filed in the courthouse when the neighborhood is developed which becomes a sort of lien on all of the property in the neighborhood. the buyer doesn't have to sign anything when purchasing to be bound by HOA. the OP should have read the homeowners covenant, rules and regulations, and organization documents BEFORE buying the property.
As noted earlier, all he can do is garner support for his position with other homeowners and move for a vote to change the rules. whether the association has the legal authority to tow cars is another matter which may depend on whether they own the streets.
Posted on 9/28/14 at 9:05 am to HailToTheChiz
quote:
It is usually established when the neighborhood first gets going. There is a managing firm hired but the funds collected are used for the benefit of the neighborhood.
Rules come from the bylaws that were established at creation
If an individual does not pay dues then yes a lien can be placed on home.
See, that is complete bullshite IMO... If the HOA doesn't own the land and isn't the one giving you the funds to purchase the home, they should have no right to be able to put a lien on your home.
I'm sure in some legal mumbo jumbo, its possible, but its just utter bullshite in my opinion.
This post was edited on 9/28/14 at 9:10 am
Posted on 9/28/14 at 9:25 am to saintforlife1
quote:
Are we forced to play by the rules they have come up with on which I had no input as a resident
Did you have input in the constitution, Ten Commandments, or any other law/rule/moral code that you have never voted for? Are you forced to not commit murder just because their is a rule against it? No you are not forced but there are consequences ....you agreed to the rules when you moved there.
Freaking millennial generation, exhibit A
Posted on 9/28/14 at 9:28 am to Lsut81
Just don't agree with them and buy elsewhere initially. Buying then whining is kinda silly though. Always read the fine print if the purchase price is more than you are willing to walk away from.
Posted on 9/28/14 at 9:36 am to cave canem
quote:
Buying then whining is kinda silly though
Didn't say it wasn't... I just don't see where the authority comes from for a private group to have that much power over someones assets.
Posted on 9/28/14 at 9:48 am to Lsut81
quote:
I just don't see where the authority comes from for a private group to have that much power over someones assets.
The HOA is legally a nonprofit corporation chartered according to the laws of the state in which you reside. This nonprofit has the legal power to run the neighborhood, charge assessments, make community improvements, etc.
One reason why it gets created to start with is that originally a property developer owns the property in full. But as parts get sold then homeowners start to get more say in how things are run until eventually the developer has sold everything and is gone.
Posted on 9/28/14 at 10:43 am to foshizzle
HOA is as legal as the day is long. They absolutley can place a lien on your home, they can take you to court and get a judgement against you and garnish your wages.
Fighting an HOA legally is not your best move. Get to know the board, volunteer to server or help out and you will get your concerns listened to.
You will lose this fight if you go legal
Fighting an HOA legally is not your best move. Get to know the board, volunteer to server or help out and you will get your concerns listened to.
You will lose this fight if you go legal
Posted on 9/28/14 at 11:08 am to 756
I attend/assist at meetings at my HOA. ...mainly to meet the folks so I dont tick anyone off haha
But yeah you just need to A. Move or not buy in hoa, or B. Follow rules or garner support to change the rules
But yeah you just need to A. Move or not buy in hoa, or B. Follow rules or garner support to change the rules
Posted on 9/28/14 at 1:08 pm to Lsut81
Forget liens for not paying dues.
What pisses me off about HOAs is when you need PERMISSION to do alterations to your own property.
There was a huge lawsuit snafu sometime back when a resident apparently had some personal bad blood with someone on the HOA committee, and they denied the petition to add a deck to their home. Did it anyway and mired the community in litigation as the HOA rose hell to collect penalty fines for ignoring their "authority."
What pisses me off about HOAs is when you need PERMISSION to do alterations to your own property.
There was a huge lawsuit snafu sometime back when a resident apparently had some personal bad blood with someone on the HOA committee, and they denied the petition to add a deck to their home. Did it anyway and mired the community in litigation as the HOA rose hell to collect penalty fines for ignoring their "authority."
Posted on 9/28/14 at 1:38 pm to ItNeverRains
quote:
At the next meeting try to get enough signatures to bring it to a vote. If you have documented community support and the HOA won't budge request a hearing or ADR.
I am going to try this. Let's see what happens.
Posted on 9/28/14 at 1:50 pm to saintforlife1
This is an Islam mentality - move into a country with a known set of rules and then raise hell to try and get this long established country to adopt to your viewpoint. Don't live there if you do not like the rules.
Posted on 9/28/14 at 1:52 pm to 756
quote:
You will lose this fight if you go legal
Maybe. There was a case in Alexandria (VA, not LA) where an HOA decided a homeowner's campaign signs were an inch too large or some such nonsense and tried to impose fines. Turned out that due to a technicality in the bylaws the HOA did not in fact have the authority to impose fines, and the HOA wound up going bankrupt due to legal fees and a court judgement.
But that's a rare exception.
Posted on 9/28/14 at 1:52 pm to DaBeerz
quote:
Freaking millennial generation, exhibit A
And HOA's didn't exist until Baby Boomers thought of this asinine idea.
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