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Message
HOA Legal Question
Posted on 3/21/23 at 2:47 pm
Posted on 3/21/23 at 2:47 pm
If certain "rules" haven't been enforced in 7 years, are they still valid?
My kamado style grill has been on my balcony and now it's a fire hazard.
My kamado style grill has been on my balcony and now it's a fire hazard.
14
Posted on 3/21/23 at 2:51 pm to HeadSlash
It depends on what the covenants say and the laws of the area you live in.
Posted on 3/21/23 at 2:53 pm to HeadSlash
Yes, it just means that you’ve been in violation for 7 years and haven’t been caught until now
Posted on 3/21/23 at 2:56 pm to HeadSlash
quote:
If certain "rules" haven't been enforced in 7 years, are they still valid?
obviously yes. Your covenants and restrictions in the governing docs are absolute. Your HOA Board or management company slacking off and not doing shite for 7 years doesn't change the fact you aren't in compliance.
Posted on 3/21/23 at 3:00 pm to HeadSlash
HOA's can't selectively enforce rules, you might fall in that group.
Posted on 3/21/23 at 3:03 pm to Booyow
quote:
Yes, it just means that you’ve been in violation for 7 years and haven’t been caught until now
Not where I live. If a violation has been ignored for a two year period, it becomes unenforceable.
Posted on 3/21/23 at 3:04 pm to HeadSlash
Might want to check to see if it is the building insurance saying it is a fire hazard.
If the HOA/Coop is going to lose their insurance over the deal the you might want to reconsider your fight.
If the HOA/Coop is going to lose their insurance over the deal the you might want to reconsider your fight.
Posted on 3/21/23 at 3:06 pm to HeadSlash
HOA's only exist to give the Karens of the world a reason to bitch and flex some sort of authority.
Posted on 3/21/23 at 3:06 pm to HeadSlash
Lawyer up now. We typically crush any opposition to our charter by homeowners. Walk softly and carry a big stick. First it's an illegal ceramic smoker in the balcony, next it will be a boat parked in the yard, illegally stored garbage receptacles and loose fasteners on the gutters.
Posted on 3/21/23 at 3:06 pm to Booyow
quote:
Yes, it just means that you’ve been in violation for 7 years and haven’t been caught until now
this is otherwise known as they got a new head of the HOA now and they want to use that power
also maybe someones wife got mad and now her husband is using the rules to get even
Posted on 3/21/23 at 3:07 pm to FieldEngineer
quote:
HOA's can't selectively enforce rules, you might fall in that group.
Exactly. If you have the extra money and want to fight it, get an attorneys opinion and have them write a letter saying they can’t selectively enforce rules. That word scares a ton of hoa’s when tossed out there.
I had to spend $750 for an attorney to write a letter on an F-ing pool fence of all things that I had to have by law.
Hoa’s are nothing but a bunch of little punks that got beat up in high school.
Posted on 3/21/23 at 3:10 pm to WhiskeyThrottle
False, HOA exists to increase property values. If you are upset at your HOA, join the board and do something about it.
Posted on 3/21/23 at 3:14 pm to fightin tigers
quote:
Might want to check to see if it is the building insurance saying it is a fire hazard.
I’m guessing it’s something like this. It was a condition of some development approval they enforce this in perpetuity and added it to their HOA. Now they are being called on it for some reason and are enforcing it.
Posted on 3/21/23 at 3:36 pm to HeadSlash
Insurance co probably inspected.
Posted on 3/21/23 at 3:38 pm to HeadSlash
I’m so glad I do t have an HOA anymore. The freedom to be as trashy as I want is liberating.
Posted on 3/21/23 at 3:39 pm to White Bear
Nothing you can do about fighting this one. If it is not supposed to be there it is not supposed to be there. The hoa employees are just doing their job. Yes it is stupid. In my neighborhood they even go so far as to have an association boat that they drive around behind the waterfront properties and enforce stuff like things needing pressure washing. It does happen more frequently when you get turnover in the staffing and also if a new management company comes in.
Posted on 3/21/23 at 3:47 pm to WG_Dawg
Nope
Posted on 3/21/23 at 3:51 pm to HeadSlash
Go read the actual covenants or rules that pertain to the grill. If it says it’s illegal to have one on your balcony, you’re toast but if it says it’s against the rules to use one on your balcony, I’d leave it out there and just never use it.
Posted on 3/21/23 at 4:15 pm to Roy Curado
quote:
this is otherwise known as they got a new head of the HOA now and they want to use that power
This, previous President said it was fine, just not on the balcony overlooking the pool.
quote:
False, HOA exists to increase property values. If you are upset at your HOA, join the board and do something about it.
I was on the Board and they kicked me off. This post was edited on 3/21/23 at 4:17 pm
Posted on 3/21/23 at 4:23 pm to WhiskeyThrottle
quote:
HOA's only exist to give the Karens of the world a reason to bitch and flex some sort of authority.
HOA exist because too many people won’t take care of their property; thus taking the neighborhood down.
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