Got a win vs. HOA bullshite

I live in a culdesac on the south end. All my neighbors and myself have large oak tree and lots of them. Being on the south side, everyone's leaves blow into my yard, so I usually collect all the leaves in the culdesac and bag them for pickup by the waste company before they blow into my yard.

I got a mailed notice in the mail from the HOA management company that I was in violation of the covenants. Included with this allegation was a photo of eight sacks of leaves that I'd set out on the street next to the curb in front of my home for trash pickup. The letter alleged that a condition of non-compliance existed and was boldly typed as: "Please dispose of unstored trash and debris. Store out of public view at all times."

So, I wrote back via email:

quote:

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"I would like to draw your attention to the HOA's Declarations of Covenants, Conditions and Restrictions, Article 1, Section 3: "Lot" shall mean and refer to any plot of land indicated upon any recorded subdivision map of Property or any part thereof creating single family homesites, with the exception of the Common areas and areas deeded to a governmental authority or utility, together with all improvements thereon."

"This means that the CC&Rs under which my property ("Lot") is bound and governed, does not include the street immediately in front of or adjacent to my property's "lot" boundary. That area, the street, has been so deeded to the city, and is governed by the city's Code of Ordinances. As noted in the CC&Rs, Article 1, Section 3, land deeded to the city is specifically excluded from the governance of the HOA."

"If there is a code violation on the street, it is up to the city to investigate and/or issue a notice of violation. In fact, at any time of year, a resident may choose to stack piles of trash and debris on the street. In that event, it is a city matter as to whether or not an ordinance violation exists or if this is a temporary condition, scheduled for pickup from the bulk waste service provider."

"I will keep your notice of violation for future reference, expecting that additional notices of this type won't be issued in the future unless there is an actual, enumerated violation upon my lot that requires my immediate attention. Otherwise, courts may find continued notices of this type to be considered harassing in nature since you have been advised on non-jurisdiction. I respect and appreciate that you have a job to do, but expect that you understand your jurisdictional limitations and act in accordance within those limitations in the future.

Kindest regards,

HubbaBubba"

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They wrote back:

quote:

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"Hello, Thank you for reaching out to us. In review of your account, there was no HOA violation for the trash bags, and this violation has been removed from your file by your compliance inspector.

Best Regards,

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fricking idiots looking for shite to justify their jobs bullshite is all that was. frick 'em. I was right, and they know it, but they'll continue to use that bullying bullshite on others as long as people let them get away with it.