HOA forces owners to keep garage open during the day

[Greenman]

The HOA rules have to be reasonable. They can't force you to leave your home unsecured, they can't mandate that the exterior of your house has to be gold plated.
I was present once when an HOA sent the construction committee to tell an old guy he had to take down his unapproved patio cover. He told them he had the time and money to fight them until the day he died, and that if any one of them ever set foot on his property again he'd shoot them on site. They went back and approved his patio cover.

He was a crusty, cantankerous, bad tempered old bastard, I really liked him.

 

[Red Squirrel]

The HOA rules have to be reasonable. They can't force you to leave your home unsecured, they can't mandate that the exterior of your house has to be gold plated.
I was present once when an HOA sent the construction committee to tell an old guy he had to take down his unapproved patio cover. He told them he had the time and money to fight them until the day he died, and that if any one of them ever set foot on his property again he'd shoot them on site. They went back and approved his patio cover.

He was a crusty, cantankerous, bad tempered old bastard, I really liked him.

That's the thing though you need to have a LOT of money to fight these things. They knew that this was a retired guy who did not take shit from anybody and happened to have the time and money to fight it so they decided to let him go. An average person with a full time job and regular salary won't have the time nor be able to afford to fight those things so the HOA will lay the hammer on them.

 

[Six]

The HOA rules have to be reasonable. They can't force you to leave your home unsecured, they can't mandate that the exterior of your house has to be gold plated.
I was present once when an HOA sent the construction committee to tell an old guy he had to take down his unapproved patio cover. He told them he had the time and money to fight them until the day he died, and that if any one of them ever set foot on his property again he'd shoot them on site. They went back and approved his patio cover.

He was a crusty, cantankerous, bad tempered old bastard, I really liked him.

I am the president of a HOA by default, a pretty shtty job when some residents believe they are perfect snowflakes. Anyhow, that person would have been easily dealt with by having the building inspector tell him to take the unpermited cover down. The cover would be unpermitted, because it would require HOA approval letter first for the permit. Me...2 minute phone call to report him. Him...hours of jumping through the bureaucratic process if he's so determined. An attorney, if he could find one, will just steal all money in this situation. We've trashed all angry letters threatening to sue.

 

[bononos]

I think the single family home laws were originally used to crack down on prostitution somehow but they still get enforced for other reasons. There is a home just down the street from me that got a ticket for having too many families in one home. I talked to the son that lived there and he originally said it was because his dad was a pastor who helped homeless families but over time his story changed. In the end I'm pretty sure they were using the home for migrant working families.

Yeah what I was thinking was some slumlord situation. Apart from the usual nonsense happening, they take more than their fare share - more mail/garbage to process.

 

[BarkingGhostar]

That's the thing though you need to have a LOT of money to fight these things. They knew that this was a retired guy who did not take shit from anybody and happened to have the time and money to fight it so they decided to let him go. An average person with a full time job and regular salary won't have the time nor be able to afford to fight those things so the HOA will lay the hammer on them.

This may be the case where you live, but certainly not where I live. If I had a serious problem with changes my HOA board made I could easily file complaints with the county through the local sheriff department (anonymous, too), and any investigation therein finding what might be tantamount to illegal would be handled the AG office.

BTW, most HOA boards have HOA dues-paid insurance protecting the board from being sued by residents of a community they are managing. But there is nothing preventing you, or a group of residents, from filing a suit against the individual members outside of their volunteer role as a board member. I learned this through a Walmart legal tactic almost a decade ago when a local country club tried to prevent a Walmart from being a built a mile outside the club.

Walmart legal went after the individual board members, who in turn tucked their chicken tails and ran home to mommy. Walmart got built. Heck, even the county development office tried to hide the fact that they approved Walmart's plans by lying to the residents. So, I keep this in mind if the day comes i need to fuck-back with someone on the HOA board.

 

[Humpy]

I am the president of a HOA by default, a pretty shtty job when some residents believe they are perfect snowflakes. Anyhow, that person would have been easily dealt with by having the building inspector tell him to take the unpermited cover down. The cover would be unpermitted, because it would require HOA approval letter first for the permit. Me...2 minute phone call to report him. Him...hours of jumping through the bureaucratic process if he's so determined. An attorney, if he could find one, will just steal all money in this situation. We've trashed all angry letters threatening to sue.

You're a terrible person.

 

[ch33zw1z]

I am the president of a HOA by default, a pretty shtty job when some residents believe they are perfect snowflakes. Anyhow, that person would have been easily dealt with by having the building inspector tell him to take the unpermited cover down. The cover would be unpermitted, because it would require HOA approval letter first for the permit. Me...2 minute phone call to report him. Him...hours of jumping through the bureaucratic process if he's so determined. An attorney, if he could find one, will just steal all money in this situation. We've trashed all angry letters threatening to sue.

ok, whats your take on the OP?

 

[PottedMeat]

Walmart legal went after the individual board members, who in turn tucked their chicken tails and ran home to mommy.

the HOA tried to block the walmart, so walmart went after individual members of the HOA? how did that work? legal threats backed by lots of money vs. individuals w/little money for defense?

 

[dud]

I have lived within an HOA for the last 30 years. What have I learned? HOAs have their place. My neighborhood would look like Haiti after a bad hurricane if it were not for the HOA. The place has become renter's heaven and renters do not (typically) take due care of property they do not own. We've had some pretty weird crap go on here in the last number of years and the HOA has taken a "hands off" approach to them ... unless homeowners have an issue with it. My fee is very reasonable as well.

Do not take the above as a personal endorsement of HOAs ... I'm just saying that they have their place. If I had my choice I would live in a more pastoral setting with a HUGE amount of space between homes ... with no HOA.

 

[interchange]

I have no problem with it being illegal or against HOA rules to have tenants and to take action against those who do. But this policy is ridiculous.

 

[GagHalfrunt]

If I had my choice I would live in a more pastoral setting with a HUGE amount of space between homes ... with no HOA.

Most people would agree that the best neighbor is one that doesn't exist. However, here in the real world I'd rather have one whose kids leave their toys all over their yard than one who stops by every day to inspect my grass and measure that the recycle bin is exactly the mandated 2.17" from the curb.

 

[MtnMan]

I am the president of a HOA by default, a pretty shtty job when some residents believe they are perfect snowflakes. Anyhow, that person would have been easily dealt with by having the building inspector tell him to take the unpermited cover down. The cover would be unpermitted, because it would require HOA approval letter first for the permit. Me...2 minute phone call to report him. Him...hours of jumping through the bureaucratic process if he's so determined. An attorney, if he could find one, will just steal all money in this situation. We've trashed all angry letters threatening to sue.

You seem to have a god complex.

 

[sdifox]

You seem to have a god complex.

 

[soulcougher73]

That HOA can go F itself. I'd rally the subdivision to remove this HOA as I'm sure not 1 single sole living there would agree to this.

 

[zerocool84]

I am the president of a HOA by default, a pretty shtty job when some residents believe they are perfect snowflakes. Anyhow, that person would have been easily dealt with by having the building inspector tell him to take the unpermited cover down. The cover would be unpermitted, because it would require HOA approval letter first for the permit. Me...2 minute phone call to report him. Him...hours of jumping through the bureaucratic process if he's so determined. An attorney, if he could find one, will just steal all money in this situation. We've trashed all angry letters threatening to sue.

And here you go people, do not move into HOA's unless you like being told what to do with your own property.

 

[Six]

There's no god complex. Residents chose to live in a hoa, because they first saw benefits to living in one. Then some think they're unique, speacial, and very reasonable...where the hoa rules does not apply to them. I'm merely enforcing the bylaws as written. It may sound like I'm power tripping on ATOT, but if you meet me in person, you see that I'm a pretty humble guy.

If the residents do not like the bylaws, they can vote to change them. If they don't like who's running the show, they can vote to oust them. Neither has ever happened.

Lawsuits? There's no fear of lawsuits, as long as you follow the law. Even if you screw up, we have insurance and umbrella insurance to protect board members and their assets, which will pay for everything, including attorney fees.

As for the OP, my take on it is that the hoa probably had several homes with people living in the garage, and they cannot determine legitimacy. It's probably a temporary measure. You don't want people living the garage, because by the time someone is living in the garage, that means there are plenty more people packed inside. And like others have mentioned, that means noise, lack of parking spaces, more traffic, overflowing trash bins, their friends coming and going at all hours of the night, wear and tear of common areas, etc.

 

[Greenman]

There's no god complex. Residents chose to live in a hoa, because they first saw benefits to living in one. Then some think they're unique, speacial, and very reasonable...where the hoa rules does not apply to them. I'm merely enforcing the bylaws as written. It may sound like I'm power tripping on ATOT, but if you meet me in person, you see that I'm a pretty humble guy.

If the residents do not like the bylaws, they can vote to change them. If they don't like who's running the show, they can vote to oust them. Neither has ever happened.

Lawsuits? There's no fear of lawsuits, as long as you follow the law. Even if you screw up, we have insurance and umbrella insurance to protect board members and their assets, which will pay for everything, including attorney fees.

As for the OP, my take on it is that the hoa probably had several homes with people living in the garage, and they cannot determine legitimacy. It's probably a temporary measure. You don't want people living the garage, because by the time someone is living in the garage, that means there are plenty more people packed inside. And like others have mentioned, that means noise, lack of parking spaces, more traffic, overflowing trash bins, their friends coming and going at all hours of the night, wear and tear of common areas, etc.

All of that is true, but what happens when the HOA's authority bumps up against the homeowners rights? As an example, I have at least $20k worth of tools and other property in my garage, all of it easy to take and quick to sell. Who protects my property when I'm gone through the day? Does everyone with valuables in their garage have to move it to a secured storage unit? Who pays for that? How much value does each property lose when a future buyer learns that the garage has been transformed into a carport?
I get both the point and the need for an HOA. A well run HOA protects the owners and maintains the value of the property. A poorly run HOA is a nightmare and a never ending source of misery to the property owners.

 

[Darwin333]

Err you know you pay for everything hoa does right?

Yeah but they generally have a coffer and a quick way to get voted out of office in an HOA is trying to raise fees on people because of bullshit.

 

[Darwin333]

All of that is true, but what happens when the HOA's authority bumps up against the homeowners rights? As an example, I have at least $20k worth of tools and other property in my garage, all of it easy to take and quick to sell. Who protects my property when I'm gone through the day? Does everyone with valuables in their garage have to move it to a secured storage unit? Who pays for that? How much value does each property lose when a future buyer learns that the garage has been transformed into a carport?
I get both the point and the need for an HOA. A well run HOA protects the owners and maintains the value of the property. A poorly run HOA is a nightmare and a never ending source of misery to the property owners.

Hell how much property value have they already lost because of this story? Even if I was interested in buying a house in an HOA I damn sure wouldn't buy a house in that particular HOA because they are obviously the kind that is way to overreaching.

 

[Red Squirrel]

This may be the case where you live, but certainly not where I live. If I had a serious problem with changes my HOA board made I could easily file complaints with the county through the local sheriff department (anonymous, too), and any investigation therein finding what might be tantamount to illegal would be handled the AG office.

BTW, most HOA boards have HOA dues-paid insurance protecting the board from being sued by residents of a community they are managing. But there is nothing preventing you, or a group of residents, from filing a suit against the individual members outside of their volunteer role as a board member. I learned this through a Walmart legal tactic almost a decade ago when a local country club tried to prevent a Walmart from being a built a mile outside the club.

Walmart legal went after the individual board members, who in turn tucked their chicken tails and ran home to mommy. Walmart got built. Heck, even the county development office tried to hide the fact that they approved Walmart's plans by lying to the residents. So, I keep this in mind if the day comes i need to fuck-back with someone on the HOA board.

Walmart also has a lot of money and lawyers to do that though. HOAs tend to have legal experts and lawyers and the way the rules are written, it's very hard to fight (whether you fight the HOA or individuals that run it, it's just semantics), because it's all legal and sound from a law perspective. Well anything of that nature is like that. Bylaws etc are same way. Very hard to fight that stuff. Some of those rules are often really old rules too so if you try to fight it then people are like "it's always been like that". I suppose a super ridiculous rule, like in this case forcing people to leave their garages open, then you might be able to have enough people fight it, but it's going to cost a lot and take a lot of time. Lawyer fees, court hearings etc. The process can take years.

 

[Darwin333]

Walmart also has a lot of money and lawyers to do that though. HOAs tend to have legal experts and lawyers and the way the rules are written, it's very hard to fight (whether you fight the HOA or individuals that run it, it's just semantics), because it's all legal and sound from a law perspective. Well anything of that nature is like that. Bylaws etc are same way. Very hard to fight that stuff. Some of those rules are often really old rules too so if you try to fight it then people are like "it's always been like that". I suppose a super ridiculous rule, like in this case forcing people to leave their garages open, then you might be able to have enough people fight it, but it's going to cost a lot and take a lot of time. Lawyer fees, court hearings etc. The process can take years.

In this case it would be probably easier to simply ignore the rule, refuse to pay any fines that they try to levy for the refusal and let them initiate the court proceedings by trying to lien your house. I'd imagine that at that point you could show up with the cheapest drunk lawyer and win the case.

 

[AdamK47]

I am the president of a HOA by default, a pretty shtty job when some residents believe they are perfect snowflakes. Anyhow, that person would have been easily dealt with by having the building inspector tell him to take the unpermited cover down. The cover would be unpermitted, because it would require HOA approval letter first for the permit. Me...2 minute phone call to report him. Him...hours of jumping through the bureaucratic process if he's so determined. An attorney, if he could find one, will just steal all money in this situation. We've trashed all angry letters threatening to sue.

Curious, what drives an HOA representative to become like this? Too much time on your hands? You loathe people and this is your outlet? Both?

 

[zerocool84]

Curious, what drives an HOA representative to become like this? Too much time on your hands? You loathe people and this is your outlet? Both?

The only people that want to be on the board of a HOA love to tell people how to live their lives and what do to with their homes.

 

[OutHouse]

Curious, what drives an HOA representative to become like this? Too much time on your hands? You loathe people and this is your outlet? Both?

Bully complex.

 

[shortylickens]

Too much time and the desire to have power/control. If you cant get into the military you try for the police. If you cant get into the police you try for the school board. If that doesnt work out, you take a job no sane person actually wants to do: Home Owners Association.