Anyone had HOA issues?

    Has anyone ever had a run in with their HOA?
    How far did it go?


    I got a letter in the mail saying they want all trailers and boats out of the neighborhood all of the sudden. I knew my neighborhood was deed restricted but saw the restrictions were never enforced as I drove the neighborhood before I purchased my house and looked at google earth. Both the tour and satellite images showed trailers and boats in neighborhood going back a decade.


    I brought up the restrictions at an HOA meeting a couple years ago when I was contemplating selling or building a garage. I was testing the waters because there were a bunch of solar panels on houses and solar panels are specifically stated as not being allowed in the deed restrictions. I was given the answer that the HOA couldn't enforce deed restrictions that weren't illegal according to the county code. I suspect the reason for this answer was due to the fact someone on the board has solar panels.


    I have two boats and a smaller box trailer and a car trailer. I keep the boats in my garage and keep the trailers parked in my drive way. I basically had my drive way parking area doubled when I had my garage built so nothing is parked in the yard and never was. They can't do anything about my boats because they in the garage nor do I think they will try because of the deed restrictions spelling out the requirements of garaging "illegal" vehicles.


    If I'm interpreting the county code right as long as my trailers are on a hardened surface and have current tags I'm not in any violation of the county code. As far as I can tell there is nothing the HOA can do to me but literally sue me somehow in a civil suit. They can't put a lien on my house because I'm up to date on my dues. There are no county codes broken so I can't have the county code enforcement used against me. There is nothing mentioned in the deed restrictions about being fined so I'm wondering where this is going to go.


    I emailed them and mentioned the fact they are doing selective enforcement and cited the codes pertaining to parking vehicles and have never heard a response. I also mentioned the stuff that's in the deed restrictions and also against county code currently around the neighborhood and the fact they never brought them up. I don't know whether I poked the sleeping bear or they got scared and backed down.


    Anyone dealt with a similar situation?

    Quote from willf650

    If I'm interpenetrating the county code right as long as my trailers are on a hardened surface and have current tags I'm not in any violation of the county code. As far as I can tell there is nothing the HOA can do to me but literally sue me somehow in a civil suit. They can't put a lien on my house because I'm up to date on my dues. There are no county codes broken so I can't have the county code enforcement used against me. There is nothing mentioned in the deed restrictions about being fined so I'm wondering where this is going to go.

    This is my understanding of the code as well. I'm wondering if there are some folks that are breaking the county code and they are sending out the notice to everyone. If it were me I wouldn't sweat it!

    I would agree with that...don't sweat it. Sounds like the rules have very little teeth. If there is no provision for punishment then they can't punish. They could call the county on you, but it sounds like you are in compliance with the county. They probably don't even have the right to come onto your property to check the tags on your stuff.
    It will cost them huge legal fees to come after you even if you don't fight. I just ignore people who try to tell me what to do but have no right to.
    I would try to get a copy of the meeting minutes where they said they couldn't enforce deed restrictions that weren't illegal according to the county. It would seem that if that is not true then that other topic should be revisited. Sounds like they wouldn't like that.
    Regardless of HOA rules, if you live in the county and your neighbor starts an illegal junkyard, you can call the county and they will deal with it.

    I have moved my car trailer to a friends shop. If you read the fine print of the county code the car trailer is what can be classified as an oversized vehicle due to its length and width. Technically it isn't allowed to be in a residential neighborhood with the oversized vehicle clause. With it stored elsewhere I'm going to leave the smaller box trailer there and ride it out. I may bring the car trailer back depending on what some of the other people around the neighborhood do. The attempted enforcement of the deed restrictions will affect about 20% of the residents in the older section of the neighborhood and only about 3 in the newer section.


    I believe I see the cause of the issue coming to a head. There is a guy in the newer section of the neighborhood on the main road with a boat parked in the grass next to his driveway. I actually question whether this boat is even on his property or is siting on the "open space" adjacent to his property.


    My next home will be on a lot of two acres or more to get some slightly different zoning and won't be tied to a development. I only have 9/10 of an acre so it puts me with a more restrictive set of rules.

    several years ago I lived in a neighborhood that had similar restrictions and I had to find a place to keep my 16' crab boat which I wasn't supposed to keep in the driveway. I researched the codes, as you have, and believe that if it ever came to a head, you are within the rules and the HOA cannot really enforce anything unless there is specific civil penalty language in the rules that you agreed to follow, even then it would be difficult. I solved the issue by moving to a house on a bunch more property and no neighbor issues. Good luck with the HOA folks, they can be annoying.

    I did have issues in a previous house....which was interesting as our property, while 'inside' the development, was not technically part of it. Our situation was a bit different as I had no deed restrictions on our property while the remainder of the development did (much to the chagrin of the HOA). I had a visit from code enforcement and a letter from the HOA due to a complaint re my trailer and was able to speak with her at length on the issue. Essentially she told me that she was required to come out as there was a complaint however I was compliant so there was no issue. I followed up later with an attorney friend who told me that since the HOA had not been enforcing the restrictions for an extended period even if we did have restrictions on our property that it would be difficult/impossible for them. As others have said, good luck. It's one of the many reasons I'll never buy a deed restricted anything....too many nosy-neighbor nimby's out there.


    --Ian

    Well it’s a month later and no one has removed any of their trailers aside from my car trailer and not another peep from the HOA.


    My girlfriends car broke down over the weekend and I had to make a 5am run to go retrieve my car trailer from where I’m storing it. Come spring if nothing else is said I’m bringing the car trailer back home.


    I can’t afford to buy out my neighbors. 3 million might get my culdisac. Can you loan me the money Andy?



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