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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]

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To: rawhide

HOAs should be outlawed as they are nothing but nosy NAZI people trying to be a government without forming a government.


61 posted on 07/30/2010 9:29:36 AM PDT by CodeToad ("Idiocracy" is not just a movie.)
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To: Nip
Want to correct this problem? Make the leaders of HOAs post cash bonds to pay judgments relating law suites initiated by the HOAs. That way only important cases will go to court and the number of losses appealed will go down

Thanks for posting a possible solution.

62 posted on 07/30/2010 9:30:43 AM PDT by Balata
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To: Erasmus

“I infer that the reason for this is that his garage is filled up with a bunch of his stuff. “

Garages have been smaller over the years. My Dodge 1500 is 1 inch too long to fit a standard garage these days and it is a standard length bed.


63 posted on 07/30/2010 9:31:10 AM PDT by CodeToad ("Idiocracy" is not just a movie.)
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To: hoosierham
Why do so many say they want freedom,but only if they get to limit freedom.

Because they realize that freedom without limits is soon lost.
64 posted on 07/30/2010 9:50:20 AM PDT by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: rawhide

He needs to trade it in for a jacked up original camo Hummer with 40s on black rims just to rub it in.


65 posted on 07/30/2010 9:57:31 AM PDT by steve86 (Acerbic by nature, not nurture)
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To: steve86
He needs to trade it in for a jacked up original camo Hummer with 40s on black rims just to rub it in.

And we wonder how we lost our liberty. Sheesh. The ignorance is simply staggering.
66 posted on 07/30/2010 10:05:38 AM PDT by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: rawhide

The judge should have thrown it out immediately just based upon the length of time he was allowed to park there.


67 posted on 07/30/2010 10:07:04 AM PDT by whence911 (Here illegally? Go home. Get in line!)
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To: SeaHawkFan

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

The HOA will charge and assessment to the home owners and jack up the monthly dues.


68 posted on 07/30/2010 10:33:31 AM PDT by Rebelbase (Political correctness in America today is a Rip Van Winkle acid trip.)
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To: LearsFool
So the leftists who talk about freedom of speech but only tolerate slight variations on their approved themes ,and are willing to use government force to impose their wishes,are different from you exactly how?

I suppose we really should have rules such that ugly people may not wear loud colors or sit outside their homes and thus offend the sensibilities of others.

69 posted on 07/30/2010 11:34:09 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: hoosierham
Still I applaud him for fighting the HOA.

Me too, in every way. Last time I bought a house, we told the realtor to not even both sending us listings in HOAs. I wouldn't live in one if you paid me to.

 

70 posted on 07/30/2010 11:56:14 AM PDT by zeugma (Ad Majorem Dei Gloriam)
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To: CodeToad
Gotta get the people into those little cars,after all it's a SMART thing.

I notice an increasing number of "news articles" pushing smaller homes,cars,and less ownership .We gonna need room for those 40 million illegals.

71 posted on 07/30/2010 12:02:40 PM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: hoosierham

America is a great place to live. And it’s that way because of our culture, traditions, rules, etc. But if we continue permitting foreigners to move in without requiring them to adapt to our ways, it will cease to be a great place to live.

To such foreigners, I’d say, “You came here to escape your craphole country. I’m sorry you can’t beat your wife or behead your daughter here. But if we let people do that, America will soon be no better than the craphole country you escaped from.”

Similarly, people move into HOA neighborhoods because they’re clean, safe and pleasant. They’re like that because of the neighborhood ways (e.g. the HOA rules.) If you want to move into a clean, safe, pleasant neighborhood, you ought to recognize what makes them like that, and to realize that they’ll cease to be so clean, safe and pleasant when those ways are abandoned.

“You wanna park your truck in your driveway? Put up a clothesline? Doghouse? Propane tank? TV antenna? Move back to the not-so-clean, -safe and -pleasant neighborhood you came from. We moved here to get away from people like you.”


72 posted on 07/30/2010 12:35:59 PM PDT by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: Rebelbase

The HOA needs to fire the board of directors. I would assume they also have liability insurance coverage for this type of case.


73 posted on 07/30/2010 12:43:47 PM PDT by SeaHawkFan
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To: rawhide

The amazing thing is that there wasn’t a revolt within the HOA. I’m surprised that there wasn’t a meeting in which somebody stood up and said, “You’ve exposed us all to $30K in legal expenses, and that’s not going to continue.”

Now they are at $300K, and the reality is that the HOA won’t be able to cover it without an assessment on all the properties, besides maybe the winner’s property.

That somebody didn’t vote to dissolve first is amazing. I thought I lived among real idiots. I guess they’re pikers compared to these folks in Florida.


74 posted on 07/30/2010 12:44:18 PM PDT by RinaseaofDs
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To: RinaseaofDs

Why do you hate community standards so much?


75 posted on 07/30/2010 2:25:48 PM PDT by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: LearsFool

“Why do you hate community standards so much?”

I don’t. I hate HOA’s, and you have the two mixed up.

1. Because they are often arbitrary
2. Because there is no due process
3. Because there is no, or very little, check on their power
4. Because the remedies/penalties they seek are out of proportion with the infraction
5. Because they are often run by a cabal or block of homeowners that have the base necessary to rotate their people through the leadership positions ad nauseum.
6. Because in most cases they interfere with the quiet enjoyment of your property.
7. Because they often duplicate municipal laws already on the books.
8. Because they do as much to reduce the value of the home as they do to preserve it (dues; impediment on what you can do with your new home v. the HOA as a deterrent to a member who brings down the value of all homes through negligence)
9. Because the municipalities use them as a crutch to avoid enforcement of the laws already on their books.
10. Because they have the power to tax, and they can use that power to force somebody out of their home, again without due process.
11. Because it is thinly disguised fascism.

Both houses I’ve purchased, I had ZERO idea there was an HOA until AFTER the deal closed. Both cases, I was lied to by the realtor. If the HOA was a feature of living in the neighborhood, then why not list it on the brochure and the website?

It is EXTREMELY DIFFICULT to find a home that isn’t subject to an HOA. Community standards are what we had in the 50’s. You didn’t need covenants to tell you that you should keep your lawn mowed.

If you are going to tell me what color I can paint my house, you can help pay my mortgage too.

As long as I adhere to the building codes, then I should be able to do what I want to with what I bought, as long as my use of the property falls under the concept of ‘quiet enjoyment’.

The legal concept of ‘quiet enjoyment’ should be enough for a neighborhood to go to court and compel a negligent neighbor into compliance.

Anything that brings the value of the property in the neighborhood down by a significant amount, for example, isn’t quiet enjoyment.

Telling me I can’t park my knaffing truck in my own driveway is fascism. The petty sh!theads in my neighborhood measured the height of my lawn WITH A RULER.

Now, if you want to create a gated community, and you make somebody SIGN A DOC UP FRONT TELLING YOU ABOUT THE HOA, and you all want to voluntarily sign away your freedom, don’t let me stand in your way. It is a free country, and the freedom to be a complete idiot is often and evidently enjoyed here in the US.

For me, I have enough involuntary government intrusions on my life at this point. I’m looking to actually offload many of them if I possibly can.

I keep voting for Republicans, and for the life of me those intrusions keep increasing. In fact, they keep creating brand new HOA’s every time I pop my head up. Nixon gave us the EPA, for example.

No sir. I’m all for community standards. I’m very much against micro-fascist oligarchies.


76 posted on 07/30/2010 3:11:59 PM PDT by RinaseaofDs
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To: RinaseaofDs

Y’know, the Pilgrims came to America to escape the HOA back home. When they got here, they set up their own HOA.

Each American colony began as an HOA. And as they grew, each village, county, etc. had its own HOA. If you didn’t like the HOA where you lived, you could move somewhere more to your liking.

HOAs are the essence of self-government. A community determines its own standards.

It’s interesting and encouraging to see communities develop their own methods of self-government in the midst of overbearing “official” government entities. For too long we have permitted our communities to be overrun by the “I’m going to do whatever I want and you can’t stop me” types (such as several posters in this thread), and those who are able have joined communities willing and able to govern themselves.

Rather than create or remain in communities with likeminded people, troublemakers muscle their way into communities where they’re not wanted, disturbing the peace, safety and tranquility. They move into quiet neighborhoods and bring their noise with them. They move into clean areas and bring their trash with them. They move into safe communities and bring their crime with them. They move into morally upright schools and bring their depravity with them.

Rather than contribute to a good community, they leech off those who make it good, and leach away the goodness. And when a community objects, their objections are overruled by “official” governments. They force their way in, and then they destroy.

When we choose to live together, we must either sacrifice a bit of freedom or else live in perpetual turmoil with one another. Such perpetual turmoil inevitably leads to ever harsher restrictions necessary to maintain the peace. (”Never let a crisis go to waste!”) Those who demand infinite freedom with no concern for their neighbors are choosing a road that leads to less and less freedom. They talk about loving freedom even while their misuse of it depletes their own and others’ freedom.

If a community of people cannot govern themselves - or if they are PREVENTED from doing so by a court, etc. - they must and will be governed by a superior government. Like little children squabbling incessantly over their toys, their mother has to come take the toys away. And it won’t matter who’s at fault when the tyrant steps in. We’ll ALL lose freedom because of a few troublemakers who have no respect for the standards of the community they’ve joined.


77 posted on 07/30/2010 5:03:20 PM PDT by LearsFool ("Thou shouldst not have been old, till thou hadst been wise.")
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To: riri

I have never lived in an HOA neighborhood because I just want more freedom than they afford. That means I could live next to a guy that parks a motorhome in his driveway, and it’s happened.

My final solution was to simply get a farm in central Kentucky. My driveway’s just over 1/4 mile. I really don’t care what my neighbor parks in his front yard. :)


78 posted on 07/30/2010 5:09:21 PM PDT by RobRoy (The US Today: Revelation 18:4)
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To: LearsFool
And which of the things I mentioned makes a neighborhood dirty and unsafe?

The TV antenna?

The truck in the driveway?

The doghouse?

The clothesline?

Seems to me these were (with the possible exception of the truck ) all common in America's suburb and neighborhoods of the 1950s.

Was that time dirty and unsafe?

Or are you just an elitist a**?

79 posted on 07/30/2010 5:20:45 PM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: LearsFool

Sorry, you have diversity standards and HOA’s confused. HOA’s don’t say anything about communities having the same fundamental values. HOA’s speak specifically to what you can do with your property, and as such is an infringement on your freedom to own property - which was an absolute novelty in governance introduced by the founders.

Gone forever are the days where you would apply for membership to a church, which used to be the center of a community. That is over.

Forced diversity is now a legal minimum. Like minded people are no longer allowed to live together in quiet enjoyment of their shared values. Boy Scouts took MAJOR hits for not allowing gays as leaders on one hand, and then suffered legal liabilties for gay leaders molesting a boy in the 70’s or 80’s on the other.

Dude, you CAN’T win that fight any more. Your freedom of assembly is permanently abridged. That’s not ever coming back. All I’m talking about is the ability to build a deck without getting a sign off from both neighbors, and having the design approved by three unqualified do-gooders AND THEN going and paying the city for a permit.

I’m trenching into one of the last available fallback perimeters at this point. Nobody is safe from predator legal action at this point. Even Al Gore felt the flames a bit in Oregon recently, but his case got kicked by the DA.

All I want is the ability to not have to get somebody’s approval to improve my asset, to which I have clear title (which I don’t, since the HOA has the exclusive ability to put a lien on it if the note is paid off).

You have Constitutions and Covenants very mixed up. Also, keep in mind that actual OWNERSHIP is the issue here. OWNERSHIP and CITIZENSHIP are very different things. The idea of ‘fundamental rights’ being very different.

The very first ownership associations were SLAVE OWNER ASSOCIATIONS, and there was no concept of fundamental rights involved with economic assets like slaves.

The Civil War was, in a small part, a revolt against the idea of ownership trumping fundamental human rights. Ownership took a second place to fundamental rights, but it remained superior to the idea of the rights of the collective.

HOA’s seek to form a collective ownership out of a community of individual owners, and ask you to CEDE your INDIVIDUAL RIGHT TO OWN PROPERTY to the collective’s right to control it for the putative purpose of better preserving the average market price of houses in the neighborhood.

Preserving the value of your own property has sufficient benefits and penalties. If that isn’t sufficient, I’ll start a petition and go to court with it. Better that than ask somebody to give up their abilty to own their own home.


80 posted on 07/30/2010 5:24:52 PM PDT by RinaseaofDs
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