Civil Lawsuit Regarding M109A3

[Jas0n]

I just looked on the Maryland drivers license class codes...

Your basic "Class C" accommodates: "Any non-commercial combination of motor vehicles with a GVW less than 26,001 pounds". Consider his deuce with camper is around 14,000 and it's NOT COMMERCIAL, then I would say he's in the clear...

Driver's License Class Codes

 

[CycleJay]

Hi guys..

I understand that he "signed his rights away"..
All I am saying is... The HOA should not have the right to dictate to a homeowner,
what they can or cannot park in their own driveway, on their own private property.
The man bought & paid for his property, he should have the right to park whatever
he wants there.

Also, as for the HOA, just because they may think they have that right,
does not mean they should actually do it..

Just like scientists trying to clone and bring back dinosaurs, just because they can now
do it, does not mean they should. Imagine the havoc that would cause when they actually
do. Can we say "Jurassic Park" in real life... (rhetorical question).

I hope the homeowner wins, this is America after all, it is supposed to be a free country.

If they are worried about property values, they are down because the economy is tanked.
Not because this guy is parking an M109 in his driveway.

Imagine how they would react if someone had the nastiest, rattiest, rusted, ugliest
car/truck, RV, etc parked in their driveway, or in the street in front of their house,
but it was well within the HOA rules, I bet they would try to demand they remove it anyway.
Fearing for their "property values" or any other such bullshark.

By the way, if they want him to remove his truck, then they should also remove any
other form of trucks from the rest of the neighborhood. Instead of just singling him out.

Also, by his own admission, he did serve on the HOA so he was aware of the rules,
and at THAT time, the no truck rule only applied to 18 wheelers... And he knew that.
So he probably thought when he got the M109 there would be no problem, since it
is not an 18 wheeler, it is a 10 wheeler.

I have a feeling that he will probably win... Even if he wins, the chances are 50/50 that
he will make friends or enemies of his neighbors.. But that is irrelevant anyway.


Just my $0.02 cents...

 

[Jas0n]

I understand that he "signed his rights away"..
All I am saying is... The HOA should not have the right to dictate to a homeowner, what they can or cannot park in their own driveway, on their own private property. The man bought & paid for his property, he should have the right to park whatever he wants there.

They shouldn't, but they do. Deed restricted communities in a basic sense are meant to keep residences to a certain "standard" / upkeep. Keep your lawn mowed, don't park junkers in your yard, etc...

However, the "classier" the subdivision (or just a wanna-be), the more (ludicrous) restrictions they put in place... It's kind of like that commercial... "But we ALL bundle!" They want it all looking the same. Some people are like that.

If you want to blend in with the crowd, you live in a HOA. If you want to do as you please, you don't. I think many (future) homeowners never really read the deed restrictions until they get nitpicked on for something stupid, yet there it ends up being in the rules...

I've seen some subdivisions that do NOT allow RVs to be parked in the street or driveway for more than 24 hours... I've even read a civil case where they sued the homeowner that had one parked in her driveway after a week.... I've read restrictions that only allow a maximum of two dogs and two cats... I've read a court case where a family MOVED out of the subdivision before they would give up some of their pets to meet the restrictions. (They had three little dogs, but refused to give up even one of them.)

I've also seen an area up near Dallas, TX where EVERYTHING is red brick. Every house, even restaurant, everything... It's all red brick!!! The Sonic is even red brick everything... It's crazy, it's all so blah, but that's how the board wants it to be, so that's how it is if you live in that municipality...

I think over the past few years, the HOAs have really cracked down because they are trying to do ANYTHING they think will bring their home values back up... In all honesty, leaving your hose neatly wrapped up next to your house ISN'T going to affect your home value... Having a deuce parked in your driveway or behind a fence / gate ISN'T going to affect your home value... Having a couple weeds in your flower beds ISN'T going to affect your home value. Property values are calculated in mass by computers now... There is very little human interaction in determining values for properties that are already developed.

Sorry to go a little on a tangent... I think HOAs is a touchy subject for everyone... Love them or hate them, they will always exist. Me personally, I will NEVER buy a home in a HOA. Even having property NEXT to a HOA subdivision has caused me headaches... However in the end they can cry all they want because I'm only bound by the laws of the state of Texas and not their silly deed restrictions.

Alright, time for a nice refreshing beverage....

 

[DUG]

I somewhat disagree with those who say he should be able to do as he pleases. While I am a believer that a man should be able to do with his property as he pleases, there are exceptions.

As my 80's mid-western high school edjamation understands it, a HOA is set up and populated by a group of like minded folks. They make rules based on what they like or don't like because they all think along the same lines. When you shop for property you read and sign those rules. This keeps all the houses looking the same because in theory that's what everyone wants.

Then you get folks in who buy the house in the HOA because it's a great price or a great location. They generally don't like being told what to do, but they move there anyway. Suddenly they seem surprised they can't put that Doughboy pool in the front yard of the house they want to paint red.

Or you get people who get on the board and want to be little power trip pricks because they were abused in 5th grade.

In any case, living in a HOA is a BAD idea for a guy like me and I suspect 90% of the rest of us. While I like the idea of a community pool, a team of highly trained grounds keepers riding on the latest mowers and a big ole sign near the entrance, I pretty much don't like to be told how to keep up my property or what to park, how to park it or what position my garage door should be. I pride myself that I can maintain a nice looking home and yard even with a big TAN machine in my driveway or parked out front.

The best way to deal with an HOA is to never, ever move into one. Once you agree to live by their rules, you are a pawn in someone else's game. Don't be a pawn, there are plenty of other homes/property for sale that aren't under HOA control.

I wish the OP the best of luck and I hope he prevails, but if he doesn't it's on him. HOAs are for cookie cutter people living cookie cutter lives.

That's my .02 (adjusted for inflation), you're mileage may vary, don't spit into the wind, have a great Navy day.

 

[markmontana]

HOAs are for cookie cutter people living cookie cutter lives.

Ha- some exceptions- I have a winter house that I wanted in an HOA- some years just too busy to spend much time there. The HOA protects my interest while I'm away. The little guys run around and do my yard work, replace bulbs, water my palm trees, sweep the porch. Fix the sprinklers, etc etc. Way better than I do on my other places out in the woods! HA

I'm anything but cookie cutter...

 

[zout]

To throw you all off course but yet not hijack HOA thoughts.

I use to hunt freely in the MT Madison river range - besides Elk Hunt - Bear hunt with bow and fish where-ever - you might work a little line ranch stuff for a farmer but it was AMERICAN FREE open range land. Ennis MT as well with Elk hunting with bow years ago in another younger life when it took 6 days to drive to Montana (remember the song 6 days on the road).

Almost all this range land by thousands of acres are HOA restricted:
http://www.madisonriverranch.org/documents/09MadisonRiverRanchCovenants-filingcopy.pdf

You older folks get this - but younger folks have no clue but yet only thoughts of wrong doing.

I am sure folks out west know what a frickin TRUCK is when they buy into an multi thousand dollar HOA land restricted area - that is WHY they do it. I have a name for those folks that live in them areas - but again the MIlitary use to have a DRAFT and folks like this use to commit sucide in basic because it relieved the world of stupid freely. Now they just run rampid.

OK - now I am ready for the post to be banned and me to be spanked.GO ahead and keep ignoring this chit is running up your all backside rampidly. It is the few of society regulating the majority while ya all sit back and ignore it.

Its been nice.
Yup I need a smoke.

 

[DUG]

Ha- some exceptions- I have a winter house that I wanted in an HOA- some years just too busy to spend much time there. The HOA protects my interest while I'm away. The little guys run around and do my yard work, replace bulbs, water my palm trees, sweep the porch. Fix the sprinklers, etc etc. Way better than I do on my other places out in the woods! HA

I'm anything but cookie cutter...

I didn't feel I needed to list every exception to my own personal rule to make my point.

Do you have MVs parked at the winter house? Could you if you wanted to?

I would qualify as having one property of two or more as an exception to my rule.

I stand by statement that HOAs are for cookie cutter people and their cookie cutter lives. Of course, this would be single property owners.

 

[Jas0n]

I love the quote I saw on another forum:

Show me where in my HOA it says I can't park a 155mm Howitzer in the driveway..

 

[mckeeranger]

'Nuff Said.

 

[CycleJay]

I for one would never buy a house in an HOA.

Because if and when I ever buy a house (highly doubt it).
It is my house, I would want to do with it as I please, and park whatever I would want.

But I am of the personality type, that would work hard to keep it neat, clean, well-maintained.
So as to not end up looking like the Munster or Addams family house,
aka neighborhood eyesore. I also have enough respect for myself and would have
enough respect for my property to keep it up, so I would not need any sort of communistic
HOA on my back to make sure that happens.

I can understand they are there to make everything look nice & pretty, etc.
But when it comes to something like what someone parks in their own driveway,
they should back off... And upkeep the community property itself, and only bother
the homeowners if or when the homes/yards start falling apart due to neglect of
the owner.

NOT make silly rules like how many pets or children you can have, what you can park in
your driveway, or how long it can be there, how high your property fencing can be
(if they allow you to have one at all), or especially if you can fly the US flag in front of
your home or not, or whether you can have a garage sale or not.

When it comes to things like that, they need to back off, this is a free country, and if they
try to make too many rules or being too tight with them, and their control.
Residents can and will get tired of it, and start moving away, back into America.
Where they can do what they want with their own house on private property.


Just my $0.02 cents again...

 

[markmontana]

I just wish my mom would let me park my 5 ton on her 5th floor condo balcony.

 

[Cleveland Iron]

Now the CC&Rs are in the form of a contract that was signed as part of the home purchase. That means that they can and often are more restrictive than any of the city codes.

Just as a thought... You might want to check through or hire someone to check through state law on CC&Rs. It appears that some states have limitations on CC&Rs.

Example: I see in California there is a time limitation on enforcement. For example if you lived in California and you had been parking your shop van there for five years, and it was obvious that the HOA knew about this blatant violation of these codes... And didn't do anything about if for five years... The rule may not be enforceable. There are many exceptions that can shorten or lengthen the time frame but if MD has a similar law, this may give you a corner to start chewing on.

Just a thought... From a mainly brain dead person, but it is just a thought.

Good luck, And yes I still have fond memories of my friend torturing her HOA.

 

[Rambling Wreck]

I stand by statement that HOAs are for cookie cutter people and their cookie cutter lives.

That is a wildly blanketed statement. That would be like me saying "People who live outside HOA's are eccentric and odd".

I just think that your take on people who live in HOA's is an inaccurate characterization.

 

[DUG]

That is a wildly blanketed statement. That would be like me saying "People who live outside HOA's are eccentric and odd".

I just think that your take on people who live in HOA's is an inaccurate characterization.

Ok, thank you for your opinion of my opinion. It is noted.



Little boxes on the hillside, Little boxes made of ticky tacky
Little boxes on the hillside, little boxes all the same
There’s a green one and a pink one and a blue one and a yellow one
And they’re all made out of ticky tacky and they all look just the same.


And the people in the houses all went to the university
Where they were put in boxes and they came out all the same,
And there’s doctors and there’s lawyers, and business executives
And they’re all made out of ticky tacky and they all look just the same.
And they all play on the golf course and drink their martinis dry,
And they all have pretty children and the children go to school
And the children go to summer camp and then to the university
Where they are put in boxes and they come out all the same.
And the boys go into business and marry and raise a family
In boxes made of ticky tacky and they all look just the same.

 

[BlondeGuy]

That is a wildly blanketed statement. That would be like me saying "People who live outside HOA's are eccentric and odd".

I just think that your take on people who live in HOA's is an inaccurate characterization.

I just think that people with the OD addiction are eccentric and odd.

Some people like us that way.

 

[Rambling Wreck]

I just think that people with the OD addiction are eccentric and odd.

Some people like us that way.

I'm definitely eccentric and odd, however I do live in a HOA. My point was that not everyone who lives in an HOA has a cookie cutter lifestyle just as everyone who lives outside of an HOA isn't necessarily eccentric or odd.

 

[DUG]

I'm definitely eccentric and odd, however I do live in a HOA. My point was that not everyone who lives in an HOA has a cookie cutter lifestyle just as everyone who lives outside of an HOA isn't necessarily eccentric or odd.

Well you spent so much time looking for a way to be offended you totally missed MY point.

Why do HOAs even exist? Because like minded people want the same things in their neighborhoods. They decide how they want the common areas to look, they decide on what colors are proper for each home and etc, etc. This is fine until someone decides they want to live outside of those rules or if the rules change and impact someone who was doing something now governed by the new rule.

HOAs exist to achieve a common (cookie cutter) goal for everyone governed by the HOA. Even if it is a simple as maintaining the community pool or rec room.

Why would you agree to move into a HOA governed community unless you thought the same about certain things or had the same goals towards grass maintenance etc as everyone else around you?

If that's how you wanna roll, good on you. Keep on trucking brother.

Just understand that you do not have to support or agree with my opinion for my opinion to exist or be heard. I served 26 years alongside some fantastic shipmates and true heroes so everyone could have the right to express an opinion.

As I said, your opinion of my opinion was noted. It does not change my previous opinion. My opinion of your opinion was not designed or intended to change your opinion of my opinion.

Thanks and have a great Navy day!

 

[jcappeljr]

Good luck..

 

[Rambling Wreck]

Well you spend so much time looking for a way to be offended you totally missed MY point.

Why do HOAs even exist? Because like minded people want the same things in their neighborhoods. They decide how they want the common areas to look, they decide on what colors are proper for each home and etc, etc. This is fine until someone decides they want to live outside of those rules or if the rules change and impact someone who was doing something now governed by the new rule.

HOAs exist to achieve a common (cookie cutter) goal for everyone governed by the HOA. Even if it is a simple as maintaining the community pool or rec room.

Why would you agree to move into a HOA governed community unless you thought the same about certain things or had the same goals towards grass maintenance etc as everyone else around you?

If that's how you wanna roll, good on you. Keep on trucking brother.

Just understand that you do not have to support or agree with my opinion for my opinion to exist or be heard. I served 26 years alongside some fantastic shipmates and true heroes so everyone could have the right to express an opinion.

As I said, your opinion of my opinion was noted. It does not change my previous opinion. My opinion of your opinion was not designed or intended to change your opinion of my opinion.

Thanks and have a great Navy day!

Whoa, ..Relax. I didn't say I was offended. I just said it was a very blanketed statement. Trust me, I did get your point. I respect your opinion and right to have it even it I don't agree with it. My last post was not offensive, rude, derogatory, negative, condescending or anything of that connotation and it wasn't
even directed at you or in response to you so I am not sure why you responded the way you did. It was a rather terse response but that is fine. I still respect your opinion and I'm still not offended.

 

[DUG]

Whoa, ..Relax. I didn't say I was offended. I just said it was a very blanketed statement. Trust me, I did get your point. I respect your opinion and right to have it even it I don't agree with it. My last post was not offensive, rude, derogatory, negative, condescending or anything of that connotation and it wasn't
even directed at you or in response to you so I am not sure why you responded the way you did. It was a rather terse response but that is fine. I still respect your opinion and I'm still not offended.

All good here my brother. Any time I use the rolling smiley or use the word "opinion" 14 times in a thread, you know I'm just keeping the mood light. And really, the reply didn't sound terse in my head while I was typing. Al Gore's internet must have messed up the 1s and 0s in route.