HOA sent me a letter, let the fun times begin! :)

[aphex]

So I've had lights on my patio for roughly ~ 4 years now, not the cheap tiny christmas lights mind you, fairly nice looking small lights strung up that we turn on maybe 2-3 times a year on a nice night when we want to sit on our lanai. Anyway, today we get a letter from the HOA, take em down within 15 days or else.

Alright, i'll take them down by the 15th. But until that time, I'll happily turn them on each and every night until I do so at least I can enjoy them.

I just find it ironic that they sent us a letter, considering they have yet to enforce a single rule in the HOA docs since we moved in in 2003, including many provisions regarding the number of animals allowed in residents houses (we're allowed one dog per unit, yet there are multiple people with 2+ dogs, one family has 4), especially considering one of the members of the board herself has 2 dogs. Oh yea, what about those Gas Grills were not allowed? Or the trucks that park in the street all the time?

Anyway, just venting. I know I know, my own fault for moving somewhere with a HOA, but well, its nearly impossible to find anywhere in FL without em now a days.

Gonna do a bit of research with my Lexis account, curious if there is any precedent to selective enforcement of a HOA restriction, or possibly even abandonment of the restriction due to lack of enforcement (though if so, dunno if 4 years would satisfy). My legal knowledge is a bit weak in the area, but I do know when its usually HOA v. Owner, the HOA nearly always wins. Worth a look though I suppose.

Ahh, let the fun times begin. :beer:

 

[Slew Foot]

HOA= housewives on a power trip

 

[SunnyD]

Just throw all of what you said back at them, and tell them when they start enforcing documented rules unilaterally, then you'll take down the lights. Also, post the letter on the community bulletin board just to let all the other residents to know what they're going to be in for.

If they want to make your life miserable, make theirs just as miserable.

Obligatory HOA's suck.

 

[BlackTigers]

The kind of lights that you can't see unless you're staring at your porch for them?

 

[GagHalfrunt]

Originally posted by: aphex

My legal knowledge is a bit weak in the area, but I do know when its usually HOA v. Owner, the HOA nearly always wins.

Pay a visit to some of the board members to explain your position. Kneecap vs baseball bat the baseball bat ALWAYS wins.

 

[shiner]

Originally posted by: SunnyD
Just throw all of what you said back at them, and tell them when they start enforcing documented rules unilaterally, then you'll take down the lights. Also, post the letter on the community bulletin board just to let all the other residents to know what they're going to be in for.

If they want to make your life miserable, make theirs just as miserable.

Obligatory HOA's suck.

We have a winner!!

 

[Baked]

You're not from Hawaii, why don't you just say porch like normal people?

 

[aphex]

Originally posted by: SunnyD
Just throw all of what you said back at them, and tell them when they start enforcing documented rules unilaterally, then you'll take down the lights. Also, post the letter on the community bulletin board just to let all the other residents to know what they're going to be in for.

If they want to make your life miserable, make theirs just as miserable.

Obligatory HOA's suck.

Oh yea, if they wanna play that game, I'll happily take them down the road a road they don't want to go down. I work at a law firm with about 15 attorneys who would be more than willing to provide assistance.

I'm by no means threatening legal action (i mean hell, its patio lights), but if they want to start something, I'll happily oblige.

Gonna sit outside tonight with a nice glass of wine, under my beautiful patio lights, and start drafting my reply. I'll happily post it here once I'm satisfied.

On a side note, I wonder if there is any provisions in the HOA keeping me from writing "MIND YOUR OWN BUSINESS" in a nice big rasterbated image on my back sliding glass door.

And yes, to the person who asked above, they aren't conspicuous during the day, so someone would have to be looking for it to find it (unless they were on a night, but well, its been at least 6 months since we last turned them on)

 

[aphex]

Originally posted by: Baked
You're not from Hawaii, why don't you just say porch like normal people?

Glad you added something useful to the discussion as usual baked.

 

[dartworth]

Originally posted by: aphex

Originally posted by: Baked
You're not from Hawaii, why don't you just say porch like normal people?

Glad you added something useful to the discussion as usual baked.

yeah...he is getting a little long in the tooth... :/

 

[Zedtom]

HOA's really hate to alter their rules to adapt to changing times. There is a proposal to allow clotheslines in the community down the street from me. The idea of using sunshine to dry clothes is a novelty for some of these numbskulls, but others are screaming that it will make their gated neighborhood look "ghetto".

 

[txrandom]

Originally posted by: aphex

Originally posted by: Baked
You're not from Hawaii, why don't you just say porch like normal people?

Glad you added something useful to the discussion as usual baked.

Has he ever added anything useful to a discussion?

 

[Perknose]

Originally posted by: txrandom

Originally posted by: aphex

Originally posted by: Baked
You're not from Hawaii, why don't you just say porch like normal people?

Glad you added something useful to the discussion as usual baked.

Has he ever added anything useful to a discussion?

Sometimes, I think his username should be HalfBaked.

 

[dmcowen674]

Originally posted by: aphex
So I've had lights on my patio for roughly ~ 4 years now, not the cheap tiny christmas lights mind you, fairly nice looking small lights strung up that we turn on maybe 2-3 times a year on a nice night when we want to sit on our lanai. Anyway, today we get a letter from the HOA, take em down within 15 days or else.

Alright, i'll take them down by the 15th. But until that time, I'll happily turn them on each and every night until I do so at least I can enjoy them.

I just find it ironic that they sent us a letter, considering they have yet to enforce a single rule in the HOA docs since we moved in in 2003, including many provisions regarding the number of animals allowed in residents houses (we're allowed one dog per unit, yet there are multiple people with 2+ dogs, one family has 4), especially considering one of the members of the board herself has 2 dogs. Oh yea, what about those Gas Grills were not allowed? Or the trucks that park in the street all the time?

Anyway, just venting. I know I know, my own fault for moving somewhere with a HOA, but well, its nearly impossible to find anywhere in FL without em now a days.

Gonna do a bit of research with my Lexis account, curious if there is any precedent to selective enforcement of a HOA restriction, or possibly even abandonment of the restriction due to lack of enforcement (though if so, dunno if 4 years would satisfy). My legal knowledge is a bit weak in the area, but I do know when its usually HOA v. Owner, the HOA nearly always wins. Worth a look though I suppose.

Ahh, let the fun times begin. :beer:

A friend of ours got a letter telling them they must take down their American Flag.

They refused and now the HOA is taking them to court.

I will post an update after the court appearance.

 

[PottedMeat]

Just wondering - how much are your dues?

Ours are $200/year and are addressed to the wife of the owner of the company that owns/built this development.

At the last meeting we found out ~1/2 (30/60 I think ) don't pay hehe.

 

[Modelworks]

Originally posted by: Slew Foot
HOA= housewives on a power trip

Agree!

I could not live with a HOA. Any home I am working to pay for , no one is going to tell me how to live in it it.

I did hear about a new law that is going to be challenging HOA all over the USA.
They are going to be making it law that people can have clothes lines for their homes due to the energy savings they provide.

 

[mugs]

Originally posted by: PottedMeat
Just wondering - how much are your dues?

Ours are $200/year and are addressed to the wife of the owner of the company that owns/built this development.

At the last meeting we found out ~1/2 (30/60 I think ) don't pay hehe.

If they ever plan on moving, they'll pay.

 

[imported_Lothar]

When I went to check my tires 30mins ago, I saw some dog shit on our lawn. Someones dog shat there and the person didn't have enough sense to cleanup after their dog.

Good thing I don't live in an HOA, because I'm not touching that shit.

 

[RaistlinZ]

HOA's are the worst. Possibly even worse than telemarketers.

 

[Squisher]

I guess I'm just lucky that the HOA I'm in is nothing like I see on here because I didn't do any investigating beforehand.

I think the most intrusive rule is that you're not supposed to have more than 1 car parked regularly in your drive (all houses have 3 car garages), and this rule is never enforced.

Besides grass that has been let go on foreclosed properties, in the three years I've been here there have only been 2 actions against homeowners, one for building a shed, and another for running a business. Even though you're not supposed to have a shed, you can enclose your deck for storage. Most decks are 8 feet off the ground.

 

[Bill Brasky]

Originally posted by: dmcowen674

Originally posted by: aphex
So I've had lights on my patio for roughly ~ 4 years now, not the cheap tiny christmas lights mind you, fairly nice looking small lights strung up that we turn on maybe 2-3 times a year on a nice night when we want to sit on our lanai. Anyway, today we get a letter from the HOA, take em down within 15 days or else.

Alright, i'll take them down by the 15th. But until that time, I'll happily turn them on each and every night until I do so at least I can enjoy them.

I just find it ironic that they sent us a letter, considering they have yet to enforce a single rule in the HOA docs since we moved in in 2003, including many provisions regarding the number of animals allowed in residents houses (we're allowed one dog per unit, yet there are multiple people with 2+ dogs, one family has 4), especially considering one of the members of the board herself has 2 dogs. Oh yea, what about those Gas Grills were not allowed? Or the trucks that park in the street all the time?

Anyway, just venting. I know I know, my own fault for moving somewhere with a HOA, but well, its nearly impossible to find anywhere in FL without em now a days.

Gonna do a bit of research with my Lexis account, curious if there is any precedent to selective enforcement of a HOA restriction, or possibly even abandonment of the restriction due to lack of enforcement (though if so, dunno if 4 years would satisfy). My legal knowledge is a bit weak in the area, but I do know when its usually HOA v. Owner, the HOA nearly always wins. Worth a look though I suppose.

Ahh, let the fun times begin. :beer:

A friend of ours got a letter telling them they must take down their American Flag.

They refused and now the HOA is taking them to court.

I will post an update after the court appearance.

The HOA will lose. It is not legal for the HOA to prevent someone from flying the American flag on their own property.

Text

"A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use."

 

[CKent]

Originally posted by: aphex

Originally posted by: Baked
You're not from Hawaii, why don't you just say porch like normal people?

Glad you added something useful to the discussion as usual baked.

Don't you mean the colloquium?

 

[aphex]

Just a quick update for those interested.

I went around with a camera and notepad and counted 43 violations of the provisions of our homeowners docs that I'm aware of, including 3 members of the board with clear violations as well. Pursuant to FL Law, I plan to request a copy of the Condo Docs which is to be provided within 10 days of my written request for free, as I'd like to review them to find any other violations that should be brought to their attention. I recall the docs to be around 300-500 pages if I'm not mistaken, but I need to double check on the free part.

I need to review, but I believe its only a violation to attach the lights to the structure. If that's the case, I plan to reattach them in a lovely design to my patio umbrella, which is not part of the fixed structure. Part of the violation notice mentioned that I had to provide them with written confirmation of the steps I took to rectify the situation. Sounds good to me, I'll give a daily account of how I removed two bulbs from the strand surrounding the patio each day and transfered the aforementioned bulbs (2 at a time) to the new strand around the umbrella.

What troubles me is the 3 board members who have violations, one of them with lights on their patio just like mine (except a different model from Target). Another board member, as noted above, has two dogs; and yet another has what appears to be a gas grill on their patio (not only against the HOA rules, but also against the county fire ordinance since our units are constructed out of wood). I need to do some research as well, but I want to find out if they were given violation notices and if so, on what date, cause if not, we got a problem on our hands.

Ahh the fun of summer boredom.

 

[minendo]

Originally posted by: aphex
Just a quick update for those interested.

I went around with a camera and notepad and counted 43 violations of the provisions of our homeowners docs that I'm aware of, including 3 members of the board with clear violations as well. Pursuant to FL Law, I plan to request a copy of the Condo Docs which is to be provided within 10 days of my written request for free, as I'd like to review them to find any other violations that should be brought to their attention. I recall the docs to be around 300-500 pages if I'm not mistaken, but I need to double check on the free part.

I plan to double check the docs, but I believe its only a violation to attach the lights to the structure. If that's the case, I plan to reattach them in a lovely design to my patio umbrella, which is not part of the fixed structure. Part of the violation notice mentioned that I had to provide them with written confirmation of the steps I took to rectify the situation. Sounds good to me, I'll give a daily account of how I removed two bulbs from the strand surrounding the patio each day and transfered the aforementioned bulbs (2 at a time) to the new strand around the umbrella.

What troubles me is the 3 board members who have violations, one of them with lights on their patio just like mine (except a different model from Target). Another board member, as noted above, has two dogs; and yet another has what appears to be a gas grill on their patio (not only against the HOA rules, but also against the county fire ordinance since our units are constructed out of wood). I need to do some research as well, but I want to find out if they were given violation notices as well, cause if not, we got a problem on our hands.

Ahh the fun of summer boredom.

Never piss off a bored lawyer.

 

[kranky]

I love the idea of pointing out all the other unenforced rules.

"Dear Mr. Smith:

I have received your letter asking us to remove the lights from our patio area within 15 days. We are very impressed that the Anytown HOA board has decided to adopt a more stringent position on CC&R noncompliance by residents within the HOA.

I must assume that the HOA board addresses violations in the order they were committed (as otherwise, that would mean we have been singled out unfairly). In order to enforce a violation of our patio lights in 15 days, this must mean you plan to correct all of the other existing violations within that time span. This is a monumental undertaking, and I salute the HOA board for rolling up their sleeves and making things right.

While I'm certainly unable to quickly list every violation which has been ongoing, the following come to mind:

- Mrs. Jones has two dogs. Only one is permitted. As she is a board member, I'm certain she will want to set a good example for all of us.
- The family in unit 402 has 4 dogs.
- The families in units 225, 843, 321 and 558 all park their trucks on the street overnight.
- I believe you will find at least two dozen units who have gas grills.

For the board to address and correct all of these violations before you take further action with respect to our patio lights is inspiring to us. I will be eagerly watching to see that all these other violations are resolved, and in order to save you time, when I see that they have been addressed I will remove our patio lights without requiring any further contact from the board.

Sincerely,
aphex"