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Old Yesterday, 04:38 PM
JBrew JBrew is offline
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Angry HOA Problem

I'm sure many of you have faced this issue and I am looking for some insight on how to handle my situation.

I received a my first letter on July 16th after my boat sat overnight before a lake trip on the 17th. I didn't think much about it at the time. Well fast forward to yesterday, I received my 2nd violation notice (which carries a $50 fine), and it just so happened to be the first time my boat has been at my house since the previous lake trip! At this point im pretty heated because I believe that I am being targeted by someone.

I promptly called the community manager to understand how I was in violation because I wasn't storing the boat at my house and I could give him the address of the storage facility to prove it. He quickly snapped back "the deed restriction clearly prohibits a boat anywhere on the property or street at any time."

I then asked him about loading/unloading, cleaning and just stopping in front of my house. Agian his response was "it stats any time, that means never." (i'm starting to think he is the one who doesn't like my boat being at the house)

At this point I am getting very angry and bring up all the other violation that I see around the neighborhood and let him know I think he is being unfair and targeting me. He states that he sent out 65 letters this go around. I ask him if he can provide these letters or proof that they were sent so I know I'm not being unfairly targeted. He refused to do this and said I was welcome to come to the next board meeting to discuss my concerns.

Before we got off the phone, I mentioned again how I thought the "any time" rule was ridiculous and asked what I would need to do to get it changed. I said "do I need to have a lawyer involved to change it?" Just asking the question, not threatening him in any way! His reply was "I'm not at liberty to discuss this matter with you anymore and you will need your lawyer to contact ours." What the....!!!!!

I got a copy of the deed restrictions and it does state "...No immobile or "junk" cars, or boats, or trailers shall be allowed to be parked upon the streets or rights-of way in Property or on any portion of the Property other than a garage or approved storage facility."

No where does it say "at any time."

The clause goes on to state that same about RV's, but after this clause the deed restriction has been redefined to state the following for RV's "... shall be permitted to be parked on private drive, for a period not to exceed seven continuous days or fourteen days in any one calendar year."

So basically a RV can sit for a week and I can't clean my !*@*#% boat!!!

Sorry for the book. Anyone have thoughts about this?

Last edited by JBrew; Yesterday at 04:52 PM. Reason: grammer
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  #2  
Old Yesterday, 04:42 PM
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neil.anderson63 neil.anderson63 is offline
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Dude is a D.B. - Isn't a boat really a recreational vehicle?? Don't Insurance companies consider boats a recreational vehicle?
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Old Yesterday, 04:44 PM
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scott023 scott023 is offline
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Seems like a crock of **** to me. I'm guessing he doesn't have a boat, or if he does, it isn't as nice as yours?
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Old Yesterday, 04:51 PM
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JimN JimN is offline
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Quote:
Originally Posted by JBrew View Post
I got a copy of the deed restrictions and it does state "...No immobile or "junk" cars, or boats, or trailers shall be allowed to be parked upon the streets or rights-of way in Property or on any portion of the Property other than a garage or approved storage facility."

No where does it say "at any time."

The clause goes on to state that same about RV's, but after this clause the deed restriction has been redefined to state the following for RV's "... shall be permitted to be parked on private drive, for a period not to exceed seven continuous days or fourteen days in any one calendar year."

So basically a RV can sit for a week and I can't clean my !*@*#% boat!!!

Sorry for the book. Anyone have thoughts about this?
Google 'RV' or 'Recreational Vehicle' and you probably won't find a boat. That said, I have heard the saying "In a dispute, lack of specificity benefits the plaintiff". If they don't specify "at any time", it could be construed that it's similar to the RV clause, but since it's dealt with separately, it may not be in your favor.

Maybe Doug can send him a letter stating that it's not specific enough.

Point out that it doesn't state "at any time".

Just another reason I don't want to live where an HOA runs things. IMO, HOA stands for 'Hoard Of "A&^$%#@s'.
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Old Yesterday, 04:52 PM
Rebel Skier Rebel Skier is offline
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Your HOA should have minutes written for all prior meetings. Get electronic copies and find out how the RV time was added. That will be your game plan if you want to fight it.

What I do is I email them and tell them when I bring one of my boats home. I say the boat will be there for X amount of days while I do maintenance. I pre-empt them. It also gives them something to tell the busybody wearing their arss out over every little thing they see, including boats -- "Its OK Mrs Arnold, we know about the boat and it will only be there temporarily. Oh Good to know, but then what about 3529 and their grass being too long"

The nicer the neighborhood the worse the HOA will be because the expenses of the houses means they have retired people with money sitting around and *****ing, who treat the board members like they are their employees.

They needs to get pontoon boats and take up boating with their time, versus sitting around and *****ing about their neighbors.
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Old Yesterday, 04:56 PM
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willyt willyt is offline
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kentucky has open carry. bring the boat back to your house and sit on the swim platform with an 870. they should get the idea pretty quickly

that's BS man. Get a lawyer to write a letter and whatever you do, dont pay that fine
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Old Yesterday, 05:05 PM
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Ski-me Ski-me is offline
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Wow, that is huge reaction to your HOA person. Obviously a little power happy there....

I use to live in an HOA and the only thing I remember is having cars parked on the street for more than 24 hours. Have to keep them in the driveway.

Here is what my old one said:

"No boat, trailer, recreational vehicle, camper (on or off supporting vehicles), fifth wheel unit, tractor, commercial vehicle, mobile home, motor home, any towed trailer unit or truck shall be parked overnight on any street or upon any driveway located upon a Lot except in a completely enclosed building such as a garage unless permitted by the following exception: Motor home - recreational vehicles may occasionally (not more than 6 times per year) be parked on a driveway area or street for up to a maximum duration of 48 hours, for the purpose of loading, unloading or trip preparation.

Parking of recreational vehicles (boats, trailers, campers, etc.) is only permitted within fully enclosed structures or within areas specifically designated by the Committee for parking of recreational vehicles. The Committee shall have the right to move any recreational vehicle parking sites to different locations if it determines that is advisable.
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Old Yesterday, 05:06 PM
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ttu ttu is offline
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i had a hoa complaint years ago because i left my boat in my driveway attached to my suv for the night. a woman down the street turned in the complaint. i went to her to discuss and she said she was just going by the hoa regulations. i told her it's not like i store it there and she understood and said okay. now i see freaking crappy john boats sitting outside all the time.

like rebel skier said get copies of the minutes and see who brought this up.

good luck!
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  #9  
Old Yesterday, 05:15 PM
roadster02 roadster02 is offline
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You have an HOA, you will have problems. Best way to avoid the problem, don't have an HOA. Simple.
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Old Yesterday, 05:21 PM
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Ramp-N-Clamp Ramp-N-Clamp is offline
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No immobile or "junk" cars, or boats, or trailers

Yours is very mobile and does not have a junk title. The restriction does not apply to yours the way it is written.
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