Garage, meet thy doom: Court backs deed restrictions

Lexington Herald-Leader ^ | Wed, Dec. 10, 2003 | Cheryl Truman

[skinkinthegrass]

NO BASKETBALL HOOPS IN KENTUCKY WILDCAT COUNTRY???

They got what they deserved...ELRUDITE SNOBS...no basketball hoops.....REALLY!

[Modernman]

Thoughts on this, anyone?

Shrug... Nothing really special here. Read your deed when you buy a home. These folks were foolish to build this garage when the litigation was going on.

That being said, homeowners associations are home to some of the worst busybodies and tattletales you'll ever find. I practice RE law and my parents got into a dispute with their homeowner's association down in Florida over some illegally planted bushes. I had to write letters to all of the memebers of the board threatening to sue them personally if they didn't back off. Sure, we would have probably lost, but we could have made them spend tens of thousands of dollars defending themselves.

[doodad]

What was the covenant rule that was broken? The article doesn't specifically say. Because of the detached nature, or size, or what?

I would let the court enforce the removal. Sure judge bring your d-9 over when you are ready.

[beezdotcom]

It's difficult to protect the property values of your home and yard when a slob lives close by.

I sympathize with the sentiment, but I think it shows that a portion of the "property value" is artificial, if it can be severely impacted by a single slob.

I assume that you'll be buying your next house in a deed-restricted neighborhood, then? What would be interesting to hear on this thread is some posts from people who feel the same way as you, and then moved into such a neighboorhood. I'd like to know if their perspective remained the same, or changed.

[toddst]

NO BASKETBALL HOOPS IN KENTUCKY WILDCAT COUNTRY??? They got what they deserved...ELRUDITE SNOBS...no basketball hoops.....REALLY!

Uh, I'm pretty sure no association can outlaw basketball hoops here. We even have portable ones on wheels that youngsters roll out to the curb so they can play ball on a good surface (it's a cul-de-sac street, so no traffic BTW.)

You KNEW this would be the answer, right?

[Modernman]

I would let the court enforce the removal. Sure judge bring your d-9 over when you are ready.

The court will simply charge you $500 or so every day that you defy the court order, garnished directly from your wages or taken out of your bank account. These fines aren't dischargeable in bankruptcy.

[toddst]

What was the covenant rule that was broken?

It's my understanding a detached garage is verboten. These people knew that and decided they surely could build a "proper" detached garage. They lost.

[skinkinthegrass]

You KNEW this would be the answer, right?

Of course...my siblings has one and a "Kentucky Sunflower"

[Liberal Classic]

If you can't build a mondo garage you don't really own your house.

[PennsylvaniaMom]

A friend of our just bought a 'McMansion' that is in a restrictive covenant plan. He was able to buy his almost $300,000 home (and by Pittsburgh real estate values, it is a McMansion) by working hard at his own business. A business that requires him to drive a van (with his business logo on it) home each night (expensive tools are kept in the van). His neighborhood busy bodies have construed his Chevy Astro van to be a 'service vehicle' and therefore can only be parked, in his own driveway, for the period of time the 'home is being serviced.' World War III has erupted in the Yuppiedom he lives in. He, at an obvious expense, has also hired a lawyer and threatened to go after his complaining neighbors via individual lawsuits as well as suing the homeowners association.

[doodad]

I'm with the other poster then; I would have "attached" the thing. I wonder if they were given that option and chose to fight instead?

[toddst]

I assume that you'll be buying your next house in a deed-restricted neighborhood, then?

The home I'm living in is likely my last, given my age and "lifestyle." However, if I did move I would choose a restricted neighborhood, preferably one that's gated as well.

Aside from the "slob neighbor" factor, property theft is going up in my area. I'm tired of waking up at night caused by sounds outside that concern me. While I'm fully prepared to "repel boarders" I am very tired of worrying about some slug breaking in or stealing my deck furniture, etc.

What would be interesting to hear on this thread is some posts from people who feel the same way as you, and then moved into such a neighboorhood. I'd like to know if their perspective remained the same, or changed.

Anyone?

[tanknetter]

If you must move into a convenanted neighborhood, and the neighbors see fit to mean-spiritedly and strictly enforce the convenants against your garage and force it to be torn down while ignoring the fences and swimming pools -- then if you are mean-spirited enough, go after the fences and the swimming pools. Maybe it'll turn the convenanted neighborhood into a war zone with big holes in the ground. Perhaps that might affect the property values. Perhaps that will also discourage others from moving in.

Very true ... you just need to make sure that everyone in the neighborhood understands that the principle of Mutually Assured Destruction is at work and any escalation is going to bring reprisals.

In my last house I got a nasty letter from the HOA about how a garbage can was in "clear sight" from the road. I reviewed the covenants carefully, documented the violations (especially those by the HOA Board) and sent a letter back pointing out not only the violations but also a pesky little clause in the covenants that allowed individual homeowners to initiate legal action to correct the violations if the HOA didn't.

Never heard another thing from the HOA about my garbage cans. The fact that the Chairman of the HOA had a trailer with two SkiDoos parked in her driveway (pretty big violation of the covenants) probably had something to do with it. :D

[ladyjane]

Your friend was foolish. He had a van with a logo on it and planned to park it in his driveway. Why did he buy in that association?

[AnAmericanMother]

Temporary structures like fences and outbuildings don't really affect your property values much.

In our old house, we lived between an old guy who kept goats and junk cars, and a little old lady with chickens and an acre and a half of kudzu. We still sold our house for substantially more than we paid for it. When things got REALLY bad - like the fellow who rented out to a really trashy couple who drank and fought every weekend - we all brought pressure to bear on the landlord. It worked.

Either you negotiate with your neighbors or ignore the temporary stuff, don't deliver your freedom into the hands of others. The price I would pay for giving a bunch of nosy neighbors the right to interfere in my life, and worse to bring the police power of the state to bear on me if I don't toe the line, is just too high.

[Modernman]

His neighborhood busy bodies have construed his Chevy Astro van to be a 'service vehicle'

I know some HOA have rules that forbid the parking of pickup trucks (even ones owned by the homeowners) in driveways unless they're there doing work on the house. It's based on the feeling that pickups are low-class, which is strange considering how expensive some of them are.

[Knightsofswing]

What has happend to private property rights? Can we "nyet" komrade? There is a plank in the communist manifsto about doing away with private property rights. And to make matters worse the courts are helping our emines[sp]& those who would do us harm! I do not have the answers


YET, but I will.

SEMPER FI

[Arkinsaw]

If you move into one of these, you are moving into an area that is under the jurisdiction of a pseudo-government that is not bound by all of the normal government restrictions (on free speech for instance).

Stay away. If it quacks like a government and waddles like a government then it is a government and should be under the same constraints as any other government.

[AnAmericanMother]

Re the pickup trucks and the no-sale-to-Jews clauses . . .

The problem is, the covenants and the leases/deeds lag way behind the current situation. Pickup trucks USED to be trashy, but now that you can pay $50K plus for one with a huge engine, crew cab, etc., that's really no longer true. In the 70s, we lived in an apartment where the two old guys who owned the building were still using a lease form from the 1920s (guess they had a bunch in a box somewhere). The two restrictions I remember were "no playing of saxophones or Victrolas after 9 p.m." and "rear entrance to be used by servants and service exclusively, except for nurses accompanied by child."

[toddst]

Either you negotiate with your neighbors or ignore the temporary stuff, don't deliver your freedom into the hands of others.

I don't disagree with you in principle. However, having a "slob neighbor" who listens to no-one, has out of control kids, barking dogs and a pigpen back yard, I wouldn't mind some legal power to restrict this guy's boorish behavior. If I had the financial resources I would buy this clown out.