Does anyknow know the legallity of housing assoc. bylaws?

halik

Lifer
Oct 10, 2000
25,696
1
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At the moment we have an extra car (grand total of 5) at my parents house and one neighbor is bitching that we park in the visitor lot, which is against the bylaws.

Does anyone know the legalityof enforcement of bylaws? Apparently one of the rules is that owners cars can only be in the garage / on the driveway.
 

D1gger

Diamond Member
Oct 3, 2004
5,411
2
76
My understanding is that it is a matter of civil law, and the home owners association would have to take your parents to court to enforce their bylaws. In some cases the bylaws allow the HOA to levy a fine to the offending home owner, and if the fine is not paid, they can then file a lien against the property and then collect the fine through a civil action.
 

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
you sign them you follow them or go to court and be sued.

its not really that hard to understand.


Apparently one of the rules is that owners cars can only be in the garage / on the driveway

well if that is what the contract says then that is what it says.
 

ValValline

Senior member
Feb 18, 2005
339
0
76
You parents would have signed a legal document agreeing to the by-laws when they moved in. So they would lose in court if it comes down to that.

It's better to work with your neighbors than against them. No good ever comes from knocking heads with people you have to live near. I suggest finding another place to park/store the 5th car.
 

dainthomas

Lifer
Dec 7, 2004
14,970
3,960
136
Originally posted by: halik
At the moment we have an extra car (grand total of 5) at my parents house and one neighbor is bitching that we park in the visitor lot, which is against the bylaws.

Does anyone know the legalityof enforcement of bylaws? Apparently one of the rules is that owners cars can only be in the garage / on the driveway.

Are visitor spots scarce? If so then tell your parents to move the car and quit whining about it. We have the same clause in our HOA bylaws.
 

halik

Lifer
Oct 10, 2000
25,696
1
81
Originally posted by: dainthomas
Originally posted by: halik
At the moment we have an extra car (grand total of 5) at my parents house and one neighbor is bitching that we park in the visitor lot, which is against the bylaws.

Does anyone know the legalityof enforcement of bylaws? Apparently one of the rules is that owners cars can only be in the garage / on the driveway.

Are visitor spots scarce? If so then tell your parents to move the car and quit whining about it. We have the same clause in our HOA bylaws.

Nope,
there are several multi car spots to park, even with construction vehicles stored over the weekend in some of them. I would understand if this created some kind of a problem, but it seems the man is just a nut job.

He's sent a similar letter to one of our other neighbors, telling him to take down his bird feeders as that is also against the by laws. The man forwaded it to his lawyer, which in turn replied with a polite version of "blow me".

 

halik

Lifer
Oct 10, 2000
25,696
1
81
Originally posted by: ValValline
You parents would have signed a legal document agreeing to the by-laws when they moved in. So they would lose in court if it comes down to that.

It's better to work with your neighbors than against them. No good ever comes from knocking heads with people you have to live near. I suggest finding another place to park/store the 5th car.

Obviously not, if I signed a bylaw stating that I will house no black people in my condo and did it anyway, it wouldn't be enforcable.

Or with a more direct analogy, if you have a family with 5 people and they all have cars your bylaw defacto discimanates large families.
 

Yreka

Diamond Member
Jul 6, 2005
4,084
0
76
Originally posted by: Kelemvor
Exactly why I will never live somewhere that has a HOA.

I used to think that way too, until I lived next door to someone that had 7-8 cars for a 800 sq foot, 2 BR dwelling.
 

bignateyk

Lifer
Apr 22, 2002
11,288
7
0
Originally posted by: halik
Originally posted by: ValValline
You parents would have signed a legal document agreeing to the by-laws when they moved in. So they would lose in court if it comes down to that.

It's better to work with your neighbors than against them. No good ever comes from knocking heads with people you have to live near. I suggest finding another place to park/store the 5th car.

Obviously not, if I signed a bylaw stating that I will house no black people in my condo and did it anyway, it wouldn't be enforcable.

Or with a more direct analogy, if you have a family with 5 people and they all have cars your bylaw defacto discimanates large families.

Wow. Thats probably the worst comparison i've ever read in my life.
 

Capt Caveman

Lifer
Jan 30, 2005
34,543
651
126
Originally posted by: halik
Originally posted by: ValValline
You parents would have signed a legal document agreeing to the by-laws when they moved in. So they would lose in court if it comes down to that.

It's better to work with your neighbors than against them. No good ever comes from knocking heads with people you have to live near. I suggest finding another place to park/store the 5th car.

Obviously not, if I signed a bylaw stating that I will house no black people in my condo and did it anyway, it wouldn't be enforcable.

Or with a more direct analogy, if you have a family with 5 people and they all have cars your bylaw defacto discimanates large families.

Except your analogy is false. Nothing says that you can't have five cars but that you can't use the visitor parking spots for permanent use.

Comparing racial discrimination to the personal decision to have more cars than can fit in your driveway is asinine.
 

JEDI

Lifer
Sep 25, 2001
29,391
2,738
126
Originally posted by: D1gger
My understanding is that it is a matter of civil law, and the home owners association would have to take your parents to court to enforce their bylaws. In some cases the bylaws allow the HOA to levy a fine to the offending home owner, and if the fine is not paid, they can then file a lien against the property and then collect the fine through a civil action.

yup, fine, then lien, then interest + penalties. altho some states cap fines/penalties. va caps it at $700/house per year. but considering each offense is like $25, that's ALOT of infactions
 

JEDI

Lifer
Sep 25, 2001
29,391
2,738
126
Originally posted by: halik
Originally posted by: dainthomas
Originally posted by: halik
At the moment we have an extra car (grand total of 5) at my parents house and one neighbor is bitching that we park in the visitor lot, which is against the bylaws.

Does anyone know the legalityof enforcement of bylaws? Apparently one of the rules is that owners cars can only be in the garage / on the driveway.

Are visitor spots scarce? If so then tell your parents to move the car and quit whining about it. We have the same clause in our HOA bylaws.

Nope,
there are several multi car spots to park, even with construction vehicles stored over the weekend in some of them. I would understand if this created some kind of a problem, but it seems the man is just a nut job.

He's sent a similar letter to one of our other neighbors, telling him to take down his bird feeders as that is also against the by laws. The man forwaded it to his lawyer, which in turn replied with a polite version of "blow me".

ahh.. ignore the crazy bitch.

you will get 2 warning letters from hoa, then a certified letter. so you have 3 months to comply. rinse/repeat every year to piss your neighbor.

your not breaking the contract u signed (hoa bylaws) unless the entity (ie: Hoa) you signed it with tells you that u r breaking the bylaws. your neighbor can just blow u
 

JEDI

Lifer
Sep 25, 2001
29,391
2,738
126
Originally posted by: halik
Originally posted by: ValValline
You parents would have signed a legal document agreeing to the by-laws when they moved in. So they would lose in court if it comes down to that.

It's better to work with your neighbors than against them. No good ever comes from knocking heads with people you have to live near. I suggest finding another place to park/store the 5th car.

Obviously not, if I signed a bylaw stating that I will house no black people in my condo and did it anyway, it wouldn't be enforcable.

Or with a more direct analogy, if you have a family with 5 people and they all have cars your bylaw defacto discimanates large families.

black people are a protected race/group.

large families are not.

fat people are not.

edit:
OMG... i'm beginning to sound like MichaelD :Q

btw- what ever happened to MichaelD?
 

Linflas

Lifer
Jan 30, 2001
15,395
78
91
Originally posted by: halik
At the moment we have an extra car (grand total of 5) at my parents house and one neighbor is bitching that we park in the visitor lot, which is against the bylaws.

Does anyone know the legalityof enforcement of bylaws? Apparently one of the rules is that owners cars can only be in the garage / on the driveway.

Sorry but your association is correct. The purpose of the visitor spot is not to serve as overflow parking for residents but to have space available for non-residents to park when visiting residents. If the street is public and maintained by the city, county, or state then your association is much more limited as to what they can do but if it is common property owned and maintained by the association then they absolutely can enforce whatever is set forth in the bylaws.
 

OutHouse

Lifer
Jun 5, 2000
36,410
616
126
Originally posted by: halik
Originally posted by: ValValline
You parents would have signed a legal document agreeing to the by-laws when they moved in. So they would lose in court if it comes down to that.

It's better to work with your neighbors than against them. No good ever comes from knocking heads with people you have to live near. I suggest finding another place to park/store the 5th car.

Obviously not, if I signed a bylaw stating that I will house no black people in my condo and did it anyway, it wouldn't be enforcable.


Or with a more direct analogy, if you have a family with 5 people and they all have cars your bylaw defacto discimanates large families.

:roll:

Your first point is just fracking stupid. you know full well a contract like that is illegal, why even bring up a idiotic point like that?

your second point is also fracking stupid, go buy a house someplace else that doenst have that vehicle limit in the contract or better yet buy a house where there is no HOA.

oh just in case you dont get the point. READ THE HOA BEFORE YOU SIGN IT.
 

jagec

Lifer
Apr 30, 2004
24,442
6
81
Originally posted by: JEDI
you will get 2 warning letters from hoa, then a certified letter. so you have 3 months to comply. rinse/repeat every year to piss your neighbor.

Haha, I like the way you think.

Or maybe I just hate HOA's...either way.