Posted on 04/26/2020 5:45:14 AM PDT by rktman
A judge in Florida has rejected the city of Dunedin's motion to throw out a lawsuit over its fining of a homeowner $500 a day for having long grass.
The Institute for Justice is defending Jim Ficken, who faces $30,000 in fines or even foreclosure.
But a judge in the Middle District of Florida denied the city's motion to dismiss his lawsuit, which argues the fines are excessive under both the U.S. and Florida Constitutions.
(Excerpt) Read more at wnd.com ...
So what does your landscape maintenance association do, if they leave your grass to grow?
You should have the guy next door for a neighbor. He hasn’t mowed his back yard in the seven years I’ve lived here. The city says they cannot do anything because the backyard brush has grown into trees and they cannot make him cut trees. He sprayed roundup on his front and side yards so he won’t have to mow those. I’ve seen skunks, opossums, snakes, etc., in his backyard. This is in a typical suburban environment.
Seriously, I expect anytime now that a platoon of Japanese Imperial Marines will emerge from his backyard asking if the war is over.
BTW, this neighbor once spent the night in jail for failing to comply with a court order.
You only think you own your property. In reality, you get to do the maintenance, pay the taxes and insurance, and face the liability. Nice to have an illusion of private property, but there is no such thing any more.
This is why we purchased a home in an unincorporated area. No HOA or local city officials to answer to.
Ridiculous
“....You only think you own your property. In reality, you get to do the maintenance, pay the taxes and insurance, and face the liability. Nice to have an illusion of private property, but there is no such thing any more....”
Exactly. Don’t think so? Just don’t pay those property taxes and watch what the “real” owner does with it. You only “rent” the place and get to do/pay for the upkeep of it.
Here is a city, not an HOA, fining the homeowner. They also did not give the homeowner notice of violation. Well constructed HOA covenants provide for notice to the homeowner. The Consitution requires such due process from the government. This homeowner has a great case. Not surprised the city tried to get dismissed.
Been in and out of HOAs. You buy, you are presumed to know the covenants. The purpose of course is usually to maintain the community and its environs, and avoid the risk of the person who would blight their own property. Some HOA boards are overly aggressive, but a reasonable priced attorney or property manager with expertise can help counsel the board, major issues are avoided or resolved. Not mowing the lawn - no problem, HOA has the right to take care of it, charge cost plus a administrative fee. Don’t pay it when billed, HOA has a right to put a lien on the property, plus interest, plus attorney fees. When to collect? That depends, but never than later when the homeowner sells. Before one buys into an HOA neighborhood, ALWAYS ALWAYS know the rules. Recommend you call a couple of board members too as if you were interviewing references BEFORE buying.
Someone put a modular house (trailer) next to my property thinking they would build a real house when they could afford it.
Then they got a divorce and sold it. It never got as far as having a yard. The whole acre is trees, brush, and weeds head high.
The landlord don’t care as long as he/she gets the rent.
The one thing that makes it tolerable is the fact that my driveway is 1/4 mile long and you can’t see that mess from here.
“Nice to have an illusion of private property, but there is no such thing any more.”
Perhaps, but homes/property go up in value and rent is money pissed away.
“So what does your landscape maintenance association do, if they leave your grass to grow?”
Probably take care of common areas like the grassy area between lanes on a boulevard or whatever else they may have.
Not a damn thing on our street. We’re one of about 10 one acre lots in the subdivision and outside the “main” subdivision so nothing happens on our side. Just as well. I guess they maintain a couple open areas “over there”. :-)
LOL! Never will be as long as the king sends out the collectors to gather taxes. By the way, how much does the king pay in taxes?
Our previous home was in an HOA. We bought it brand new and was told right up front that the $25 per month was just for the common area and road maintenance. We lived there 10 years and never a problem. We also own a property in Hawaii that is in an HOA. It is nothing more than a yearly ‘road fee’.
Yup. The full blown naught-Zee HOAs are a nightmare for some folks. Especially the ones that cost hundreds per month and control you mainting everything from lawn height to tree trimming.
This is why we purchased a home in an unincorporated area. No HOA or local city officials to answer to.
...............................................
I’ve been telling relatives and friends for years that I would never purchase a property that is in any way controlled by an HOA. Most of those I’ve said this to look at me like I’m a little bit paranoid. A few of them have found out the hard way just how domineering and intrusive such associations can be. But what almost nobody knows about is the dangerous threat of UN Agenda 21 to the rights that property owners have always enjoyed here in America.
Whenever why wife complains about the lawn needs to be mowed, I just respond that I’m going for the “prairie look”. End of discussion.
Think ‘world heritage sites”.
The one thing that makes it tolerable is the fact that my driveway is 1/4 mile long and you can’t see that mess from here.
..............................................
I have the identical situation at my farm, but whenever I bitch about it to someone I always conclude my rant by stressing my willingness to defend any property owner’s right to do any damn thing he wants to do with his own property so long as he doesn’t threaten the personal safety and property of anyone else.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.