Posted on 10/03/2024 2:23:33 PM PDT by Jacquerie
Per an HOA rule written in 1976, residents in Meadows subdivision in Sarasota are banned from parking their vehicles at home between 11 p.m. and 5 a.m.
MacIntyre agreed to follow the HOA’s rules and regulations when he bought his home in 2019. If he did park his truck on his driveway, The Meadows’ nightly safety patrol could issue him with a warning letter, fines or tow his vehicle.
Effective July 1, Florida House Bill 1203 has adopted sweeping changes for HOAs in the Sunshine State. The law overhauled many issues, including director education, records maintenance, meeting requirements, fines and, of course, parking restrictions.
Per HB 1203, HOAs may not prohibit a homeowner, tenant, guest or invitee of the property owner from parking:
A personal vehicle, including a pickup truck, in the property owner’s driveway or in any other area where they have a right to park as governed by state, county and municipal regulations.
Shortly after the law was signed, The Meadows HOA emailed residents stating: “This new law WILL NOT affect the current policies of The Meadows Community Association … all current parking rules and regulations will remain the same.”
When asked by ABC Action News about its rejection of the parking rules, the HOA’s general manager cited what is known as “Kaufman language” and explained: “The application of the new law depends on the governing language of the community association and the time it was recorded.”
“Kaufman language” refers to the phrase “as amended from time to time” in association with HOA governing documents and covenants. Originating from the 1977 Kaufman v. Shere case, it ensures that future legislative amendments automatically apply to those documents — but without this phrase, only laws existing at the document's recording date (which in The Meadows’ case, was 1976) are enforceable.
(Excerpt) Read more at msn.com ...
A lot of outside vehicles are pickups, which leads me to a major grip. Texas house builders have designs that don't include larger garage openings and doors. In many cases, if you have medium-sized or larger vehicles, you can't get more than one in the garage. If I were custom building a house here, I would avoid any builder who didn't allow for a larger garage and opening.
kinda sounds like clintonese... depends on the definition of what is is...
“Generally speaking, the legislature can’t amend contracts.”
Tell that to people married before no-fault divorce.
Why should we be required to join the HOA? I cannot do anything to MY property Other than in the house interior without their permission. I own the house, pay the taxes and insurance but some faceless communist controls everything.
Harder to overcome than J6 charge. We have a landscape maintenance assoc. The only thing they can ding you for is not paying your fees. That’s it. And our street doesn’t get diddly out of them. I know, we bought there.
Those HOAs are a form of housing discrimination. Some smart lawyer who is motivated by a grudge or class action money should think of a way to RICO or regulate them out of existence.
Paging Mike Rowe. Please pick up the blue courtesy phone.
We had a very bad experience in a non-HOA neighborhood when a prostitution and drug ring moved in next door to us. Our property value dropped to almost nothing.
Our experience with HOAs in future housing and with our business condo has been excellent.
My advice: Choice a house that suits your personality and temperament. Personally, I choose living with an HOA.
My understanding is that FL law requires HOA’s be setup whenever there is a development getting county zoning approval.
We saw a 60-acre parcel in Pasco county in 2006, get sold and developed into six 10-acre pieces. We wanted to buy the original home on the 60-acre, that was being left with 10-acres. We could not get that original house and piece without agreeing to the entire HOA deal.
No sale.
Those busybodies are also out checking that prostitution and drug trafficers are not setting up shop in their neighborhood.
Please read my previous post.
Who required you to join an HOA?
To read some of the vitriol directed at HOA’s, you’d think most people were ignorant hillbillies that cannot read contracts, and enjoy making inelegant property decisions without concern or care for their own neighbors.
Not to say that there aren’t HOA Nazi’s going nuts out there, but seriously - there is a reason that HOA’s came into existence, much like ‘stereotypes’.
I’m sure there are plenty of ‘interesting neighbor’ stories that came from relatively uncontrolled residential areas that would more than balance out these occasional HOA nightmares.
Guessing some garages got hoarded up with stuff and don’t have the space to park in anymore - just a thought.
Exactly correct.
People go see a new neighborhood and say WOW this place is NICE! But don’t bother to look into the HOA (which is WHY it is so nice!)
Then they want to never mow their lawn, or park their big rig in on the curb in front of their home and then complain about the HOA.
People have a right to associate with others that want to live in a nice neighborhood. If you want to live like a feral human, I would suggest a trailer park or some property out in the country!
I had a Lear 24, but the wife made me get rid of it because it needed avionics upgrades to comply with FAA Regs, and she saw what that cost on the Cherokees.
I know my toys and I draw the red line at boats. That's what friends and neighbors are for. I think I've shuttled a hundred kids and parents to and from summer camps, colleges, weddings, funerals, and vacations all over the country over the past 40 years.
A few fishing trips come along every year as compensation. Friends......use em or lose em.
What’s wrong with having a boat trailer in your yard? That is the whole point of OWNING property.
The rule in question is black and white.
It isn’t a matter of an abusive HOA board or nosy neighbors.
It’s amazing how many people don’t exercise due diligence before buying a home.
HOA’s should be illegal.
I believe St. Louis city had rules like this in the 80s.
It ain’t my responsibility to make your property resale values higher. It is to enjoy the use of my property. Collective is communism.
You don’t own your property. You rent it from your county taxing authority. Stop paying your rent (property taxes) and you will be evicted.
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