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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]

ODESSA, Fla. - It's hard to believe that A.J. Vizzi spent nearly $200,000 defending his right to park his own pickup truck in his own driveway.

When he first moved in back in 1997, Vizzi was told that parking his large truck in the driveway wasn't against the subdivision's rules. But years later, the Eagles Masters Association, which governs the entire community, said it did violate their rules and therefore, the truck had to go.


(Excerpt) Read more at myfoxtampabay.com ...


TOPICS: US: Florida
KEYWORDS: driveway; homeowner; truck
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To: rawhide

Never volunteer for more government.


41 posted on 07/30/2010 7:29:37 AM PDT by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius, (170 BC - 86 BC))
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To: Technocrat

These particular lawyers scored one for the good guys. If only more lawyers would make their money protecting people against abuses of power instead of suing McDonalds for serving hot coffee, the world woud be a better place.


42 posted on 07/30/2010 7:41:18 AM PDT by RightOnTheBorder
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To: BornToBeAmerican
Agreed!

I had a nightmare situation with the last (and hopefully final) HOA I was with.

43 posted on 07/30/2010 7:44:56 AM PDT by lormand (A Government who robs Peter to pay Paul, will always have the support of Paul)
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To: rawhide

Ah yes, homeowners associations. Frustrated little Nazi-wannabees. Perfect examples of the adage, “Power corrupts, absolute power corrupts absolutely.”


44 posted on 07/30/2010 7:44:59 AM PDT by catnipman (Cat Nipman: Made from the Right Stuff!)
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To: hoosierham

How about buying a home in Colorado and later learning that you cannot collect rainwater from your roof to water your garden/yard.

Home Owners Associations, Petty tyrants, bureaucrats, zoning laws & building inspectors: I understand Daniel Boone’s comment about when he could smell the smoke of a neighbor’s chimney then it was time to move.

(mutter, mutter, mutter.... /rant)


45 posted on 07/30/2010 7:45:14 AM PDT by BwanaNdege ( "Hapana Obama")
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To: Opinionated Blowhard

Normally I would agree with you but in this case the HOA tried to change the rules in the middle of the game. Reading the article, it appears that when the man bought what appears to be a sizable home, he ensured that he could park in his own driveway. Only after he had been lured into the neighborhood did the HOA try to alter the agreement.


46 posted on 07/30/2010 7:45:47 AM PDT by RightOnTheBorder
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To: Opinionated Blowhard
"impose common sense restrictions"

Are you sure you value freedom?

What other "common sense restrictions" might there be?

People who want to live in sterile little cliques certainly should have the freedom to do so,just don't pretend it is good for everyone.

Among the many things commonly prohibited by HOAs are doghouses,children's playsets,grills,clotheslines,portable kiddie pools,propane tanks,CB,ham, or TV antennas,vehicles in driveway after certain hours ,painting one's home without committee approval of the colors,flags,flowerbeds,gardens,and more I'm sure.There probably are HOAs that prohibit firearms and pointy sticks,too.

It never ceases to amaze me that people might pay large sums of money to avoid the burden of freedom.

47 posted on 07/30/2010 7:53:50 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: TStro
We have CC&Rs but no HOA. Means that to enforce them one must file a suit in municipal court.

I did something a local old fart did not like, though it was permitted by CA laws which over rode the CC&Rs. I also did as much as I could to stay withing the CC&Rs. He melted down, threatened to have works arrested, called the city, and confronted me several times over it in public. Turns out I was not the only one he went after.

Finally I started pushing back. Unpermitted mods to property, his CC&R violations and those of his friends and family. They got him back in the box and my solar cells are doing nicely.

48 posted on 07/30/2010 7:57:23 AM PDT by Starwolf
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To: tiki

Having the HOA on the hook for a $300k tab truly rocks. I wonder how much per household that will be, and if he’ll have to pay a portion as well?


49 posted on 07/30/2010 8:12:26 AM PDT by zeugma (Ad Majorem Dei Gloriam)
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To: BwanaNdege
That rainwater prohibition is in a lot of places,just unknown or un-enforced.The "private" water company that serves much of my area requires that only their supplied water be used for any purposes by the customer.Pre-existing wells,cisterns and ponds are not to be used even for lawn watering.by the letter of the contract.Although some still are,one never knows when a change in management will bring cease and desist orders or worse.

There are those who still maintain private wells,cisterns,and pumps,and even rain barrels. Several years ago,I read in the Cincinnati Enquirer of one community in northern Kentucky that was going to tax property owners for the amount of rainwater going into the city storm sewers while ,if I remember correctly,also prohibiting private collection of the rainwater.

50 posted on 07/30/2010 8:16:37 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: BornToBeAmerican
"nazis"

My own neighborhood covenant has a law against putting political signs in your own yard. I violated that code in 2008 as did a number of other residents. The upshot: nobody did or said anything to us.

51 posted on 07/30/2010 8:17:54 AM PDT by driftless2 (For long-term happiness, learn how to play the accordion.)
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To: zeugma
If the HOA doesn't have insurance to cover the legal fees no doubt the costs will be spread amongst the HOA members,including the truck owner.

Still I applaud him for fighting the HOA.

52 posted on 07/30/2010 8:22:14 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: Starwolf

We live in a neighborhood with a HOA & some really nosy characters.

No satellite dishes, no chain link fences, no commercial vehicles parked overnight, your trash cans BETTER be moved & hidden away promptly after pickup, etc.

And one of my new neighbors paid me a “welcome” visit to ensure I knew the “rules”.

I asked her if they allowed black people to live there,too, or if they were just allowed during daylight hours.

That shut her up quick - & she hasn’t spoken to me since. LOL


53 posted on 07/30/2010 8:25:32 AM PDT by LadyBuck (In the immortal words of Jean Paul Sartre, 'Au revoir, gopher')
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To: driftless2
Many times a covenant t can be overturned if it can be shown that no enforcment action was taken within one year of the first instance ,that it was "open and notorius",and especially if others in the community did the same.

Which is one of the reasons HOAs and cities hire enforcement officers who do nothing productive,just drive around looking for rule violations.I say that if it wasn't important enough for the neighbors to complain within a year,it ought to be moot.

54 posted on 07/30/2010 8:29:38 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: LadyBuck
SOME people actually think the pictures in Better Housekeeping or Currier and Ives' depict real homes or farms.

And some of those people also have too much time on their hands.

55 posted on 07/30/2010 8:32:11 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: BornToBeAmerican
IMHO most home owners associations are just like our legislators and legal system.

The proof of this statement is found in the press release from the man's lawyers - the total cost to the HOA is around $ 300,000 and the bill will be paid by the other home owners. That's right the little children running the HOA will pay very little out of their personal checking accounts. The children lost the first case and since they didn't have to pay for the appeal why not appeal?

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

56 posted on 07/30/2010 8:36:56 AM PDT by Nip (Arizona Immigration Law - the case heard around the world! Wait for son of...)
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To: hoosierham

I don’t have a problem with HOAs and covenants in general. I’m all for people being forced to keep up their property. It’s just some of the silly things they ban.


57 posted on 07/30/2010 8:41:58 AM PDT by driftless2 (For long-term happiness, learn how to play the accordion.)
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To: driftless2
Contrarily, I am all for people NOT being FORCED to keep up their property excepting when it becomes a real ,not imagined, health hazard to others.There are various reasons why someone might find themself unable or even unwilling to maintain THEIR property in the way YOU desire;and that is their concern ,not yours.

Why do so many say they want freedom,but only if they get to limit freedom.

58 posted on 07/30/2010 8:50:50 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: Ready4Freddy

Looks to be a Ford F-250 crew cab,


Articles I’ve read list it as a F-350.


59 posted on 07/30/2010 9:00:51 AM PDT by deport
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To: deport

Yes, it is a 350. Not appreciably larger than a 250, and not a dually. Nice looking ride.


60 posted on 07/30/2010 9:29:07 AM PDT by Ready4Freddy (Sure I've heard of grits. I just never actually *seen* a grit before.)
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