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Homeowner wins right to park truck in own driveway
myfoxtampabay.com ^ | 7-28-1- | by Gloria Gomez

Posted on 07/30/2010 6:41:27 AM PDT by rawhide

Edited on 07/30/2010 7:05:54 AM PDT by Admin Moderator. [history]

ODESSA, Fla. - It's hard to believe that A.J. Vizzi spent nearly $200,000 defending his right to park his own pickup truck in his own driveway.

When he first moved in back in 1997, Vizzi was told that parking his large truck in the driveway wasn't against the subdivision's rules. But years later, the Eagles Masters Association, which governs the entire community, said it did violate their rules and therefore, the truck had to go.


(Excerpt) Read more at myfoxtampabay.com ...


TOPICS: US: Florida
KEYWORDS: driveway; homeowner; truck
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1 posted on 07/30/2010 6:41:28 AM PDT by rawhide
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To: rawhide

More info here:
http://www.tampabay.com/news/courts/civil/article1111730.ece


2 posted on 07/30/2010 6:41:57 AM PDT by rawhide
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To: rawhide

Really? I understand convictions and winning on principle but common sense would have told ya to spend the 300k getting a different house.


3 posted on 07/30/2010 6:43:56 AM PDT by riri
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To: rawhide

Most home owners associations I have ever dealt with are lil KGB Nazi wanna-be’s.

I have no use for any of them


4 posted on 07/30/2010 6:45:16 AM PDT by BornToBeAmerican (Give me a hand up, not a hand out)
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To: rawhide

A pick-up truck? I thought it had to be a tractor-trailer they didn’t want parked in the driveway. I think some people just need to find something to gripe about or they feel unfulfilled.


5 posted on 07/30/2010 6:45:59 AM PDT by FourPeas ("Barack Obama never misses an opportunity to jump to the wrong conclusion." -csmusaret)
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To: riri

If more people would stand on their principals; our emasculated nation would be a better place.


6 posted on 07/30/2010 6:46:17 AM PDT by HereInTheHeartland (I aspire to a large carbon footprint; just like Al Gore's)
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To: riri

No, the guy gets off for time served (in the courtroom), the homeowners association pays everything, and the lawyers win. As usual.


7 posted on 07/30/2010 6:46:28 AM PDT by Technocrat
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To: riri

He won and the HOA has to pay his legal expenses; plus their own.


8 posted on 07/30/2010 6:47:08 AM PDT by SeaHawkFan
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To: BornToBeAmerican

Good for Mr. Vizzi. I’d have sued their t!ts off too.


9 posted on 07/30/2010 6:47:21 AM PDT by tgusa (Investment plan: blued steel, brass, lead, copper)
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To: riri
I agree, move and let someone else who wants to be dictated to live that way. Now do not get me wrong, most H/O A's are good and simple guidelines are okay, but .....
10 posted on 07/30/2010 6:47:46 AM PDT by BornToBeAmerican (Give me a hand up, not a hand out)
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Comment #11 Removed by Moderator

To: riri
Really? I understand convictions and winning on principle but common sense would have told ya to spend the 300k getting a different house.

The way I read it, the homeowner is not the one having to pony up the 300k; it's the association that's having to pay. The home owner wins and gets to park the humongous pick-up on his drive-way.
12 posted on 07/30/2010 6:49:14 AM PDT by adorno
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To: rawhide

Too bad damages weren’t awarded (or sought?) as well to really compensate the homeowner for all of the time and travail of the lawsuit.


13 posted on 07/30/2010 6:49:32 AM PDT by Truth29
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To: rawhide
"I think that maybe I was just being bullied by this group," said Vizzi, "and maybe now they'll think twice."

Naaaaaaah, they'll pick on someone who is less tenacious and less willing to spend money to defend his legal rights.

14 posted on 07/30/2010 6:50:37 AM PDT by ClearCase_guy
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To: BornToBeAmerican

I won’t buy a house with an HOA - It’s ridiculous that they might be allowed to foreclose on property because of trivial matters.


15 posted on 07/30/2010 6:51:01 AM PDT by RebelTXRose
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To: rawhide
Like Hell!
Rejoice!

Now maybe they and other HOAs will think twice before placing their boot on the necks of other homeowners.

16 posted on 07/30/2010 6:52:31 AM PDT by grobdriver (Proud Member, Party Of No! No Socialism - No Fascism - Nobama - No Way!)
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To: RebelTXRose
That's the key here. Posters are looking at this as if the government is coming in after the fact and imposing silly regulations. If you buy a house subject to a HOA, you are agreeing to live by its rules. Some of them are silly and Nazi-like and there is always a question of notice of the rules—that is what these cases usually turn on. If he had bought in the neighborhood and knew the rules, he should have lost.
17 posted on 07/30/2010 6:54:23 AM PDT by Opinionated Blowhard
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To: adorno; All
OK, my bad. Didn't really read it. The thing about many of these newer builds, especially at that level, they aren't like houses. They are more like big apartments. No storage, no driveways, no yards.

So, yeah, if you want to park your 10 foot truck in your 10 foot driveway, the guy who has the next house three feet from you is going to have a problem with it.

Again, these aren't houses like we used to think of houses.

18 posted on 07/30/2010 6:54:36 AM PDT by riri
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To: riri
common sense would have told ya to spend the 300k getting a different house.

Or a vehicle that would fit in your garage.

But yeah, perhaps the best idea is to move someplace where you fit in better.
19 posted on 07/30/2010 6:54:45 AM PDT by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: riri

Starts off at $500, you toss in another grand, then 2 more. You’re in for 3, go to 5. Etc. We’ve all had things snowball out of control and, if we knew the outcome in advance, would not have set off down that path.


20 posted on 07/30/2010 6:55:37 AM PDT by ProtectOurFreedom
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To: BornToBeAmerican
I disagree.

Most HOAs are run by little tyrants ;and many homebuyers are NOT made fully aware of all the restrctions by the seller or real estate agent.Full disclosure might lose a home sale,and seldom happens.The potential buyer may well find only a reference to restrctions as on file ,meaning a trip to the county courthouse is needed to get the details.

I have seen the shock of a homeower when he finds many normal uses of his property are forbidden or restricted.

When you give a group power to control your neighbor be sure that power will be used against you as well.

21 posted on 07/30/2010 6:56:17 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: LearsFool

I live in a neighborhood of scattered homes on a lake in S Texas. The deed restrictions said no mobile homes. A couple put in a very expensive double wide. Some of the neighbors tried to block it, but the court said the deed restrictions weren’t enforcable because none of the original property owners live here. Their double wide is one of the nicest homes in our area, LOL.


22 posted on 07/30/2010 6:59:04 AM PDT by TStro
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To: grobdriver
The HOAs will not pick on people with the resources and will to fight.

HOAs are a blight on the American dream of home ownership.

23 posted on 07/30/2010 6:59:06 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: riri

Did you see the picture of the house and his truck in the first link I posted? The house is a mansion with a three car garage. http://www.myfoxtampabay.com/dpp/news/local/hillsborough/homeowner-wins-right-to-park-truck-in-own-driveway-072810?ist=none


24 posted on 07/30/2010 6:59:22 AM PDT by rawhide
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To: riri

>> but common sense would have told ya to spend the 300k getting a different house.

As I read it, the owner of the truck is out of pocket for something less than $13k.


25 posted on 07/30/2010 7:00:07 AM PDT by Gene Eric (Your Hope has been redistributed. Here's your Change.)
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To: RebelTXRose

Yep. Starve the beast. When the presence of an HOA starts becoming a negative and making property values drop, then people won’t be so quick to organize them. It is just adding another level of government to the federal, state, and municipal rules that you already have to follow, and I can’t understand why any freedom-loving American would want to live that way.


26 posted on 07/30/2010 7:00:09 AM PDT by FLAMING DEATH (Are you better off than you were $4 trillion ago?)
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To: rawhide
In a news release from his law firm, Anderson said the association will have incurred more than $300,000 in legal fees and costs after paying the Vizzis.

Good, maybe that will wake up the neighborhood so that they will toss the little fascists off the HOA board and perhaps restore a little common sense. Nothing like a huge loss to the pocketbook to bring a little clarity to an unjust situation.

27 posted on 07/30/2010 7:01:55 AM PDT by thecabal (Destroy Progressivism)
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To: hoosierham
True that does happen but it's not really all that common.

I've lived in all sorts of places from large acreage to subdivisions with 8,000 square foot lots. And let me tell ya, on 8,000 square foot lots you are going to have the jackass who thinks he can open up his 12 foot driveway into his own personal body shop, keep his three dogs outside barking all day, line up all his unused furniture down the side of his house and basically operate like he's on a 50 acre ranch.

28 posted on 07/30/2010 7:02:12 AM PDT by riri
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To: riri

I’m grateful he stood up for his rights it gives precedence. He won, he made his point and the home owner’s association had to pay.


29 posted on 07/30/2010 7:02:57 AM PDT by tiki
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To: adorno
gets to park the humongous pick-up

Looks to be a Ford F-250 crew cab, not really that large of a truck. 'purt near standard issue in Texas and most of the South.

30 posted on 07/30/2010 7:04:24 AM PDT by Ready4Freddy (Sure I've heard of grits. I just never actually *seen* a grit before.)
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To: rawhide

That doesn’t look like the house or the subdivision on the page of this link.


31 posted on 07/30/2010 7:04:57 AM PDT by riri
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To: FLAMING DEATH

When you live where there are NO zoning regulations, HOAs do have their place.


32 posted on 07/30/2010 7:06:23 AM PDT by FourPeas ("Barack Obama never misses an opportunity to jump to the wrong conclusion." -csmusaret)
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To: riri

He spent about 200k, which the busy body HOA must now reimburse him!.. The HOA has to spend 300k for their own costs and to reimburse the man.. the HOA were the dumb ones here, they just cost their “community” 300,000 for nothing but their own arrogance.

Anyone who buys property with HOA or any covenents on the title IMHO are fools to begin with. All they are are run by busy bodies who are power mad and generally petty little folks.


33 posted on 07/30/2010 7:08:18 AM PDT by HamiltonJay
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To: RebelTXRose
I refuse to as well. When I told our RE agent that we refused to look at any homes with an HOA, she looked at us like we were crazy. Are there really so few people who have the same demands?

We found a nice house that was exactly what we were looking for. No HOAs, no Gladys Kravitz types, just a nice middle class burb. We don't have a crappy looking neighborhood because we don't have an HOA, most folks here take pride in their homes and keep them up. You don't need a gun to your head to maintain a decent neighborhood, just don't move into the the crackhead part of town.

34 posted on 07/30/2010 7:08:58 AM PDT by thecabal (Destroy Progressivism)
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To: BornToBeAmerican
Most home owners associations I have ever dealt with are lil KGB Nazi wanna-be’s.

Yes. Most are busy bodies that have nothing to do and are simple minded idiots. Part of the wannabe power hungry that have to make up rules so they can act gestapo like and exercise their power. Remember the case of the guy that wanted to fly the American flag?

35 posted on 07/30/2010 7:13:14 AM PDT by Logical me
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To: RebelTXRose
I won’t buy a house with an HOA - It’s ridiculous that they might be allowed to foreclose on property because of trivial matters.

I would - if I wanted to live that close to other people, that is.

HOAs are an attempt to protect communities - via corporation - since government has failed to do so. And since they lack the power to prosecute troublemakers in the way a government would, HOAs have found other means of protecting the community (e.g. foreclosure).

The popularity of HOAs is a sad commentary on the loss of self-government. But, having lost that freedom to self-govern, I'd rather live in a HOA neighborhood than an anarchic one.
36 posted on 07/30/2010 7:14:18 AM PDT by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: riri

That’s exactly right. HOAs do have a place. The idea that they are all run by crazy zealots is a bit of a myth. The whole purpose of an HOA is to preserve property values and—generally—to impose common sense restrictions. I know of developments subject to “no large truck” rules and the reason generally is because of the size of the driveways and how close they are to one another, not because some busy-body doesn’t like the look of a truck in a driveway. As other posters point out, if you don’t like HOAs, don’t buy in a development subject to one.


37 posted on 07/30/2010 7:15:37 AM PDT by Opinionated Blowhard
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To: Ready4Freddy

You got that right!! Between my husband, our two oldest kids, and myself our driveway boasts 1 Dodge Ram, 1 Toyota Pickup, 1 Toyota 4-Runner, 1 Chevy Silverado and my husband’s 2 F-250 work trucks. :)


38 posted on 07/30/2010 7:16:08 AM PDT by constitutiongirl ("Nietzsche was stupid and abnormal."---Leo Tolstoy)
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To: hoosierham

I have absoutely no argument to what you said.


39 posted on 07/30/2010 7:20:12 AM PDT by BornToBeAmerican (Give me a hand up, not a hand out)
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To: riri
The thing about many of these newer builds, especially at that level, they aren't like houses. They are more like big apartments. No storage, no driveways, no yards.

Noting that the story said that the pickup "wouldn't fit" in the garage, I infer that the reason for this is that his garage is filled up with a bunch of his stuff.

I know mine is.

≤}8^)

40 posted on 07/30/2010 7:25:18 AM PDT by Erasmus (Personal goal: Have a bigger carbon footprint than Tony Robbins.)
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To: rawhide

Never volunteer for more government.


41 posted on 07/30/2010 7:29:37 AM PDT by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius, (170 BC - 86 BC))
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To: Technocrat

These particular lawyers scored one for the good guys. If only more lawyers would make their money protecting people against abuses of power instead of suing McDonalds for serving hot coffee, the world woud be a better place.


42 posted on 07/30/2010 7:41:18 AM PDT by RightOnTheBorder
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To: BornToBeAmerican
Agreed!

I had a nightmare situation with the last (and hopefully final) HOA I was with.

43 posted on 07/30/2010 7:44:56 AM PDT by lormand (A Government who robs Peter to pay Paul, will always have the support of Paul)
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To: rawhide

Ah yes, homeowners associations. Frustrated little Nazi-wannabees. Perfect examples of the adage, “Power corrupts, absolute power corrupts absolutely.”


44 posted on 07/30/2010 7:44:59 AM PDT by catnipman (Cat Nipman: Made from the Right Stuff!)
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To: hoosierham

How about buying a home in Colorado and later learning that you cannot collect rainwater from your roof to water your garden/yard.

Home Owners Associations, Petty tyrants, bureaucrats, zoning laws & building inspectors: I understand Daniel Boone’s comment about when he could smell the smoke of a neighbor’s chimney then it was time to move.

(mutter, mutter, mutter.... /rant)


45 posted on 07/30/2010 7:45:14 AM PDT by BwanaNdege ( "Hapana Obama")
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To: Opinionated Blowhard

Normally I would agree with you but in this case the HOA tried to change the rules in the middle of the game. Reading the article, it appears that when the man bought what appears to be a sizable home, he ensured that he could park in his own driveway. Only after he had been lured into the neighborhood did the HOA try to alter the agreement.


46 posted on 07/30/2010 7:45:47 AM PDT by RightOnTheBorder
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To: Opinionated Blowhard
"impose common sense restrictions"

Are you sure you value freedom?

What other "common sense restrictions" might there be?

People who want to live in sterile little cliques certainly should have the freedom to do so,just don't pretend it is good for everyone.

Among the many things commonly prohibited by HOAs are doghouses,children's playsets,grills,clotheslines,portable kiddie pools,propane tanks,CB,ham, or TV antennas,vehicles in driveway after certain hours ,painting one's home without committee approval of the colors,flags,flowerbeds,gardens,and more I'm sure.There probably are HOAs that prohibit firearms and pointy sticks,too.

It never ceases to amaze me that people might pay large sums of money to avoid the burden of freedom.

47 posted on 07/30/2010 7:53:50 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: TStro
We have CC&Rs but no HOA. Means that to enforce them one must file a suit in municipal court.

I did something a local old fart did not like, though it was permitted by CA laws which over rode the CC&Rs. I also did as much as I could to stay withing the CC&Rs. He melted down, threatened to have works arrested, called the city, and confronted me several times over it in public. Turns out I was not the only one he went after.

Finally I started pushing back. Unpermitted mods to property, his CC&R violations and those of his friends and family. They got him back in the box and my solar cells are doing nicely.

48 posted on 07/30/2010 7:57:23 AM PDT by Starwolf
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To: tiki

Having the HOA on the hook for a $300k tab truly rocks. I wonder how much per household that will be, and if he’ll have to pay a portion as well?


49 posted on 07/30/2010 8:12:26 AM PDT by zeugma (Ad Majorem Dei Gloriam)
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To: BwanaNdege
That rainwater prohibition is in a lot of places,just unknown or un-enforced.The "private" water company that serves much of my area requires that only their supplied water be used for any purposes by the customer.Pre-existing wells,cisterns and ponds are not to be used even for lawn watering.by the letter of the contract.Although some still are,one never knows when a change in management will bring cease and desist orders or worse.

There are those who still maintain private wells,cisterns,and pumps,and even rain barrels. Several years ago,I read in the Cincinnati Enquirer of one community in northern Kentucky that was going to tax property owners for the amount of rainwater going into the city storm sewers while ,if I remember correctly,also prohibiting private collection of the rainwater.

50 posted on 07/30/2010 8:16:37 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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