Lawyersโฆ.. ๐ฑ
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.
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.
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...
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.
“...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,
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.
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.
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.