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 ...
Lawyers….. 😱
Never buy a property subject to an HOA’s dictates - I made that mistake when I moved to Texas last year and one of the reasons I’ll be selling next year is to escape the HOA. Never again.
HOA are run by people who can be changed out and new rules made. Lawsuits can also be filed but not an easy route. Either stay and fight or move out.
You didn’t read the HOA docs before purchasing?
I HAVE own 4 homes so far-—even only 84.
.7 acre——5 acres-—1 3/4 acres-—5++++ acres.
WILL NEVER, EVER own with HOA or CC&R’s.
Easy answer: He parks on his driveway, and the HOA leaderhip is personally charged for violating the Florida law when they harass him. The rule in the HOA covenant cannot preempt the state law.
However, the easy answer also entails some pain for the home owner from being harassed.
Try reading the article.
It’s extremely difficult nowadays to buy a pre-existing home in many states and areas that is not under some sort of HOA. The trick is to make sure that the HOA isn’t one of these ridiculous ones that’s measuring your grass and giving you fines for parking your truck in your driveway. It also helps that the HOA is under the control of the people in the neighborhood and not by the builder or some external HOA company. HOA companies are known to actually have a business model that involves finding the crap out of people and then for closing on them.
HOA do have their uses, like nobody wants Jethro to set up a pig farm next-door or put 18 rusty vehicles up on cinderblocks in the front yard. But at the same time, this is an example when the pendulum goes too far the other way.
It’s to keep boat trailers and boats inside garages or in storage yards. If you’ve ever lived in Florida you know. The toys get out of hand.
Were I to live in that community I would immediately invoke procedures to remove the entire HOA board and/or terminate the HOA. I have served on HOA boards, and my guess is that 1) this came up at a board meeting and the board voted on it. 2) the letter was sent by the Property Management company or the HOA’s lawyers. At the next board meeting I would ask if the HOA revised ANY HOA since 1977, and if they say yes then I would say those revisions are illegal since you are invoking Kaufman language and you did not give yourselves the option to revise governing documents and covenants.
HOA’s are little cabals. They attract 10 times as many power sponges as they do good people. Then it becomes a clique and a mini power-broker.
It’s nauseating. Kind of like “Lord of the Flies” for retarded people.
ORDERSS ISS ORDERSS !
HOA's are not the only governing body that regulates homes and property. Local governments can impose: business only, farm only, residential only use. There are also local restrictions for certain areas like - no farm animals, etc.
Bottom line - know the restrictions that an HOA or local government imposed on a neighborhood or area. If you can't abide, find another neighborhood.
Whe anyone would be insane enough to live like this I have no clue. Just for that two dollars more an hour that can be made in the city? Pretty cheap price to buy socially obedient slaves...
Instead of parking in their two/three-car garages, I see gargantuan pickup trucks (aka emotional support vehicles), SUVs and trailers parked all over driveways and front lawns.
They turn otherwise lovely properties into unsightly parking lots. No good for homeowner values.
The Meadows HOA got it right. And they did it almost 50 years ago.
We have neighbors who moved to FL a few years ago. Although they lived in our subdivision which has always had an HOA, it’s never been an onerous experience. But there - it’s been a nightmare for them. “Your roof looks dirty.” “There are some dead flowers in that flowerbed.” I chalk it up to FL being full of old people with too much time on their hands.
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
Art. 1, Sec. 10.
You are correct. Out of hand toys.
“...are banned from parking their vehicles at home between 11 p.m. and 5 a.m....”
Where the hell are you supposed to park? HOA types seem to all be busybody, clipboard carrying ringpieces who get off on raising dues as often and as much as they can,
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