HOA outlaws OWNING a generator
radioguy
and then could no longer find the old links, I
am now posting all links I can as soon as I find them.
A HOA has outlawed anyone from even owning any generator.
Not just using one, but even just owning one without ever using it is
against the hoa rules.
And a New Jersey state court has already ruled that HOAs are not
government or quasi-government and as such that HOA rules supercede
the state Constitution. (according to the court).
So now HOAs can tell you what you can and can not own inside your own
home. And what you are and are not allowed to own in your own home.
The brand of radios you use to listen to am/fm radio, the brand of tv
you can have, whether you are even allowed to own a tv or not,
etcetera.
One already tried told some ham what radio ffequency bands he is and
isn't allowed to transmit on.
Have fun attempting to do your emergency communications with a high
power base from your house without any
generator when there is a power outage.
ji...@specsol.spam.sux.com
> A HOA has outlawed anyone from even owning any generator.
A HOA is not a governmental agency with the ability to make laws.
A HOA is a civil contract and if you were stupid enough to sign a
stupid contract...
--
Jim Pennino
Remove .spam.sux to reply.
richard
Which is why I will never live in a place that requires me to be a
member of an HOA.
And, no, your honor, I am sorry, but you are wrong.
HOA's do NOT have legal authority that is over and above all other
jurisdictions.
My ham radio license was issued by whom? The federal government. So
their laws apply as to how and when I can use that said license, NOT
the HOA.
If I want to own and operate a generator, that is MY business. If I
want to have something in MY home, and the HOA does not approve, tough
shit. The HOA can go take a flying leap off a high cliff without a
parachute.
It's my god damned house and I'll do with it as I please.
richard
>In rec.radio.amateur.policy radioguy <radio...@yahoo.com> wrote:
>
>> A HOA has outlawed anyone from even owning any generator.
>
>A HOA is not a governmental agency with the ability to make laws.
>
>A HOA is a civil contract and if you were stupid enough to sign a
>stupid contract...
>
>
In some states, NJ being one, an HOA is a legally recognized form of
"government".
In those states, state laws regulate what an HOA is legally allowed to
do and enforce.
An HOA can only enforce their bylaws which are generally items not
otherwise regulated by state and federal laws.
An HOA does not have the authority to tell me that I can't have a
particular brand of TV. Nor can it tell me I can't park my car on a
public street in front of my house. Nor can they tell me I can't
broadcast on certain radio frequencies because that is NOT their
jurisdiction.
knock.knock.
"Yes?"
"Hello I'm with the Home owners association and......"
"Fine. Get the fuck off my property before I have you arrested after I
shoot your ass."
What are they gonna do? Call the cops and have me hauled into court?
Fine. We'll see who has the legal right to do what I damn well please
in my home. If they win, they can pay the mortage too.
ji...@specsol.spam.sux.com
A HOA is a private, civil organization governed by contract law.
As such, you must abide by whatever is in the contract that you signed
or the HOA can take you to civil court and sue you to comply and
usually win as long as the contract terms are not too outrageous,
such as they grossly violate civil rights laws.
The only "cops" they can call is whoever does proof of service to
serve the civil notice in the particular jurisdiction.
If you don't show up in civil court, you lose by default.
If you lose, you pay all the court costs.
If you don't pay, they sue you again to either garnish your wages or
seize some property, such as your car, boat, or house, to be sold at
public auction to pay the original judgement plus all the costs of the
second lawsuit.
If you don't like a HOA's contract provisions, don't sign the contract.
Deadrat
news:tfo6o45938fhc7fed...@4ax.com:
> On Fri, 30 Jan 2009 20:00:01 GMT, ji...@specsol.spam.sux.com wrote:
>
>>In rec.radio.amateur.policy radioguy <radio...@yahoo.com> wrote:
>>
>>> A HOA has outlawed anyone from even owning any generator.
>>
>>A HOA is not a governmental agency with the ability to make laws.
>>
>>A HOA is a civil contract and if you were stupid enough to sign a
>>stupid contract...
>>
>>
>
> In some states, NJ being one, an HOA is a legally recognized form of
> "government".
Wrong. As usual. Unless by "government," you mean "nothing like a
government."
> In those states, state laws regulate what an HOA is legally allowed to
> do and enforce.
> An HOA can only enforce their bylaws which are generally items not
> otherwise regulated by state and federal laws.
Well, the NJ Supreme Court in the Twin Rivers case allowed the HOA to
restrict political signs on private property. With the exception of
discriminatory covenants, HOAs are pretty much free to do what they want.
If you don't like their rules, don't buy their property.
>
> An HOA does not have the authority to tell me that I can't have a
> particular brand of TV. Nor can it tell me I can't park my car on a
> public street in front of my house. Nor can they tell me I can't
> broadcast on certain radio frequencies because that is NOT their
> jurisdiction.
If you signed the HOA agreement, then you are deemed to have voluntarily
agreed to their rules.
> knock.knock.
> "Yes?"
> "Hello I'm with the Home owners association and......"
> "Fine. Get the fuck off my property before I have you arrested after I
> shoot your ass."
>
> What are they gonna do? Call the cops and have me hauled into court?
You betcha. For threatening to shoot them. Otherwise, they'll just
impose the fines allowed under the rules that you agreed to when you
bought the property. And get a civil judgment when you don't pay.
> Fine. We'll see who has the legal right to do what I damn well please
> in my home. If they win, they can pay the mortage too.
If they win (and they will), you'll be paying fines to the HOA, and
you'll still be on the hook to the bank for the mortgage.
Pogrom
news:a711a410-ebf3-4963...@v5g2000pre.googlegroups.com:
> After several people not believing me because I didn't post any links
> and then could no longer find the old links, I
> am now posting all links I can as soon as I find them.
>
> A HOA has outlawed anyone from even owning any generator.
>
Jewish socialist global warming conspiracy claims another jurisdiction.
richard
I meant "government" as to mean a loose organization with authority
something like a schoolboard.
State law determines what HOA can and can not enforce in their bylaws.
Most covenants deal with what you can place on your yard that is
within public view. Or what you can put on your house. Such as a 30
foot satellite dish.
But they can not legally deny you your "rights" to enjoy watching tv
on what ever brand tv you wish to use. Or when. Nor can they restrict
the use of radio frequencies because that is governed by the federal
government.
One HOA told a homeowner they couldn't park their car on the street.
Owner's cars had to be on the driveway or in the garage. Excuse me,
but unless that is a prave street, I have every legal right to park on
it. Don't even think about telling me a second time because you have
crossed the line of your authority.
If it's in the bylaws, doesn't grant an HOA authority to enforce it.
If an HOA is taking that much authority, then the members need to join
forces and retake control. There was a case not to long ago in
California (??) where an HOA had bitched and whined about some guy
violating the bylaws. The local news media got hold of the story, took
their helicopter and flew over the HOA's chairman's house and spotted
a dozen violations.
As for my little anecdote, if I'm the homeowner, don't come knockin on
my door and try to tell me what I can't do with my house. As far as
I'm concerned, unless you're carrying a badge, you came to my door
with malice on your mind. Self defense.
Deadrat
news:he27o4p02j3nu8ao1...@4ax.com:
>
> I meant "government" as to mean a loose organization with authority
> something like a schoolboard.
HOAs are nothing like schoolboards, which are part of the state.
> State law determines what HOA can and can not enforce in their bylaws.
> Most covenants deal with what you can place on your yard that is
> within public view. Or what you can put on your house. Such as a 30
> foot satellite dish.
OK. Convince me. Point to some state law that does this. State law
treats HOA agreements as contracts. If it's a valid contract, then
you're supposed to abide by its terms.
>
> But they can not legally deny you your "rights" to enjoy watching tv
> on what ever brand tv you wish to use. Or when. Nor can they restrict
> the use of radio frequencies because that is governed by the federal
> government.
They don't do this the way the FCC does. They and you sign a binding
agreement on what you'll do and won't do.
> One HOA told a homeowner they couldn't park their car on the street.
> Owner's cars had to be on the driveway or in the garage. Excuse me,
> but unless that is a prave street, I have every legal right to park on
> it. Don't even think about telling me a second time because you have
> crossed the line of your authority.
And yet, ....
>
> If it's in the bylaws, doesn't grant an HOA authority to enforce it.
Of course it does. The enforcement will be through a breach of contract
suit against you.
> If an HOA is taking that much authority, then the members need to join
> forces and retake control.
And abolish the HOA. I hate these things and wouldn't live where I was
subject to the whims of petty neighborhood fascists. But I understand
that they're part of private contractual agreements.
> There was a case not to long ago in
> California (??) where an HOA had bitched and whined about some guy
> violating the bylaws. The local news media got hold of the story, took
> their helicopter and flew over the HOA's chairman's house and spotted
> a dozen violations.
>
> As for my little anecdote, if I'm the homeowner, don't come knockin on
> my door and try to tell me what I can't do with my house. As far as
> I'm concerned, unless you're carrying a badge, you came to my door
> with malice on your mind. Self defense.
As far as any court is concerned, it's self defense when a *reasonable*
person would believe he's in physical danger.
But don't worry, the HOA isn't gonna send any more than certified mail
preparatory to kicking your ass in civil court.
David L. Martel
Seems kind of silly. You don't tell us what other rules they have about
generators but the HOA agreement is a contract between the HOA and the home
owner. That means that Ward and June can't own (or operate?) a generator. So
they give one to the Beaver for Christmas and store it in the garage. When
the power goes out the Beave (or maybe Wally) hooks up his generator and
fires it up. Will that make sparks fly around the neighborhood?
Good luck,
Dave M.
Steve
"richard" <mem...@newsguy.com> wrote in message
news:he27o4p02j3nu8ao1...@4ax.com...
> One HOA told a homeowner they couldn't park their car on the street.
> Owner's cars had to be on the driveway or in the garage. Excuse me,
> but unless that is a prave street, I have every legal right to park on
> it. Don't even think about telling me a second time because you have
> crossed the line of your authority.
In most developments the streets are privately owned so they can tell you
not to park there.
Gordon Burditt
>generators but the HOA agreement is a contract between the HOA and the home
>owner. That means that Ward and June can't own (or operate?) a generator. So
Does that mean that June can't buy a business that does web hosting,
and has its own data center downtown (and, of course, generators at
that location)?
radioguy
> In rec.radio.amateur.policy radioguy <radioguy...@yahoo.com> wrote:
>
> > A HOA has outlawed anyone from even owning any generator.
>
> A HOA is not a governmental agency with the ability to make laws.
>
> A HOA is a civil contract and if you were stupid enough to sign a
There was NO hoa and NO CC&R contract when I moved into the trailer
park, which was the cheapest trailer park to rent in that county at
that time, because that was all I could afford, and NOTHING anywhere
saying that a hoa was allowed to take over and NOTHING anywhere saying
that CC&Rs could be imposed later.
The traier park was later took over by a land developer who imposed
all kinds of impossible to follow CC&Rs on the trailer park residents
and imposed a HOA on the trailer park residents.
He bought the trailer park to build a planned community of expensive
to rent townhouses next door to the trailer park.
We did not know he was a land developer at the time since he tried to
keep that fact secret from everyone in the trailer park.
All the reaidents knew at first was that he was the new owner and new
landlord of the trailer park.
We were given less than 24 hours notice that there were now new rules
where there had been none before and lots of new rules.
YOU try to find somewhere else to live with less than 24 hours notice.
Especially when you can't afford anywhere else to live.
The you have NO CHOICE but to sign the check for the next month's rent
(the contract).
The new rules said by paying the rent, you are agreeing to the new
rules and that it counts as a contract.
Before he took it over, it was always plowed in the winter. After he
took it over, it was never plowed. In the middle of the snow belt.
He hired bulldozers, which threw snow into your driveway and yard,
both piled up high.
The new rules were you were NOT allowed to have any snow in your yard
or driveway. However, the new rules also prohibited you from putting
the snow out of your yard or driveway into the trailer park's public
drive, which is the only other place the snow could possibly go.
And tow trucks would not go in there since it was private property
ownewd by the trailer park owner unless he said so, which he would not
unless it was his own which he hired to create the type of problems
listed above since people moving into the new planned community of
expensive to rent townhouses he was building would not want to look at
people who are "trailer trash" or a bunch of trailers.
After all, to those kind of people, you and your wife are nothing but
no-good low-class bums by working three jobs each just to make ends
meet,
and if you were not a bum, then you would not be working any jobs at
all and would have expensive rolls-royces to drive, expensive designer
clothes
to wear, and a lot of money, etcetera.
He also raised the rent at least once every two months, sometimes each
month, so the rent was raised over eight times in just one year.
Which went from the cheapest to rent trailer park in the most
expensive to rent trailer park in that county, and he started evicting
residents for not paying the rent (which they could now not afford)
and bulldozing their trailers.
Some of the residents fought him in court, but the court ruled in the
land developer's favor and against the residents.
Also, the public schools REQUIRE you give them at least TWO WEEKS
notice before taking your child out of the public schools when moving,
or else they count it as the child being truant and you being guilty
as an accesorry .
YOU try doing that with less than twenty four hours notice.
The cable company would not go into the park at all. The new rules
were no new antennas and no new satellite dishes.
So if anyone new moved in or your old antennas or dish broke, you were
now unable to watch tv.
He got around the prb-1 rule since it says they can regulate the
placement of antennas and dishes.
There were a lot of impossible to follow contradicrory rules, which I
can now see was done on purpose for the reasons named above.
And where are people who can't afford to live anywhere else supposed
to do?
It's no coincidence that cities are passing laws against being
homeless at the same time they are requring hoas and CC&Rs in every
new place built and in every old place sold to a new person.
Because of what he wasdoing and the places he hired, my car was
ruined, which is a whole other story in and of itself, which also
proves by their own words that the self-appointed radio cops are
guilty of committing a bunch of illegal crimes even though they claim
they never ever committed any illegal crimes at all and that everyone
who does should lose their ham license.
So why do the self-appointed radio cos still have their ham radio
licenses?
Why didn't they retuen them to the FCC?
Some people say move to a hoa where the rules can be changed. Then you
can change the rules to put up a ham radio antenna.
The problem with that is if the rules can be changed, then a ham radio
antenna allowed today can be changed by someone else into not being
allowed in the future.
Some people say then move to a hoa where the rules can't be changed.
The problem with that is the rules do still change in such places.
rule 1: Your trailer is not allowed to be painted an ugly color.
rule 2: No ugly models of cars allowed.
You move in, only red trailers are allowed because it's the only
pretty color and all other colors look ugly.
Only Fords are allowed because they're the only cars who look good.
All other makes and models look ugly.
Then three months later some people move out and new people move in
and you now get fined for having a red trailer since red is an ugly
color and only blue is a pretty color. And the rules clearly say "Yor
trailer is not allowed to be painted an ugly color(However you can't
afford to buy paint since you and your wife are working three jobs
each just to make ends meet). And you also get fined for having a Ford
instead of a Chevy since Chevys are the only good looking cars and
Fords are ugly cars and the CC&R rules clearly say "No ugly models of
cars allowed)
And you of course can't keep affording to buy new cars every few
months everytime different neighbords move in unless you are super
rich.
You are now guilty of breaking at least two rules of the CC&Rs because
the rules changed even thogh you're in a trailer park where the CC&Rs
say that the rules can never ever be changed.
fined for having a Ford instead of
ji...@specsol.spam.sux.com
>> In rec.radio.amateur.policy radioguy <radioguy...@yahoo.com> wrote:
>>
>> > A HOA has outlawed anyone from even owning any generator.
>>
>> A HOA is not a governmental agency with the ability to make laws.
>>
>> A HOA is a civil contract and if you were stupid enough to sign a
>> stupid contract...we
>
> There was NO hoa and NO CC&R contract when I moved into the trailer
> park,
<snip long, raving tale about rented property>
Renters aren't owners and there is no such thing as a HOA for a rental.
Absent a long term lease with the terms explicitly spelled out, most
rental agreements are month-to-month and are for the most part subject
to change each month.
That's why, if you have any sense at all, you buy a house without an
inane HOA and there are lots of them all over the country.
radioguy
> In rec.radio.amateur.policy radioguy <radioguy...@yahoo.com> wrote:
>
> > On Jan 30, 3:00 pm, j...@specsol.spam.sux.com wrote:
> >> In rec.radio.amateur.policy radioguy <radioguy...@yahoo.com> wrote:
>
> >> > A HOA has outlawed anyone from even owning any generator.
>
> >> A HOA is not a governmental agency with the ability to make laws.
>
> >> A HOA is a civil contract and if you were stupid enough to sign a
> >> stupid contract...we
You obviously can't read. I NEVER signed any such contract. I moved
into a place without a hoa and without CC&Rs.
It was later taken over by a different landlord/new owner who inposed
CC&Rs without me ever signing any contract to do so.
The old landlord was upset about losing the trailer park ( I wonder
why. After all, People who willingly sell something don't get upset
and angry about losing it).
Clue to the above: most likely E.D.
It turned out that the new landlord was a land developer who was
building a planned community of expensive to rent townhouses right
next door to
the trailer park in order to make a profit and to maximize his
profits.
So he imposed a bunch of umpossible to follow CC&Rs on the residents
of the trailer park and a hoa to enforce it since the townhouses and
trailers were all on the same land (that is contigous or continous)
land that he now owned.
All one piece of property.
So yes. there IS such a thing as HOAs for rentals.
I found out the hard way.
And my perfectly working car ended up being both towed and destroyed
because of problems he himself purposely caused and then used the
rules to tow it.
I eventualy got it back from towing after paying money to get it out
of impound.
And that was money I didn't have and couldn't afford.
I had to borrow it. I can't do that today.
Then my car ended up destroyed because of all the construction work he
hired to make a mess out of the trailer park.
Even going at one mile per hour scraped up the bottom of the engine of
my car and ruined it because of the way the land and drivewats were
during and after his construction crews worked on it.
crew crew
ji...@specsol.spam.sux.com
>> In rec.radio.amateur.policy radioguy <radioguy...@yahoo.com> wrote:
>>
>> > On Jan 30, 3:00 pm, j...@specsol.spam.sux.com wrote:
>> >> In rec.radio.amateur.policy radioguy <radioguy...@yahoo.com> wrote:
>>
>> >> > A HOA has outlawed anyone from even owning any generator.
>>
>> >> A HOA is not a governmental agency with the ability to make laws.
>>
>> >> A HOA is a civil contract and if you were stupid enough to sign a
>> >> stupid contract...we
>
> You obviously can't read. I NEVER signed any such contract. I moved
> into a place without a hoa and without CC&Rs.
You oviously can't understand simple English.
There is no such thing as a home OWNERS anything for rentals.
RENTERS aren't OWNERS.
Keep re-reading the above until you understand the difference between
OWNER and RENTER.
Do you understand what a month-to-month RENTAL agreement is?
For starters, it means that unless something is explicitly spelled
out in the original RENTAL agreement, the landlord can change the
terms each month.
radioguy
you are wrong. I have went through it before. Only the lots were
rented. The trailers were owned by the residents who bought them. Once
the new trailer park owner.land developer bought the trailer park and
started building planned community expensive townhouses on the same
land and imposed homeowners association and CC&Rs on the entire land,
the trailers fell under the hoa rules and CC&Rs even though there had
preeviously been none before.
radioguy
and the rented lots also fell under the new hoas rules and CC&Rs once
the new owner/land developer bought the trailer park where there had
previously been no hoa and no CC&Rs.
It's a way to discriminate against low income people so they won't
have anywhere to live. And will then be arrested and put in jail and
charged with crimes of loitering, trespassing, etcetera.
Since NON hoa NON CC&R property keeps getting taken over by HOAS with
CC&Rs.
About four places I already lived that had no hoa and no CC&Rs now
have hoas and CC&Rs.
and there was no language in the laws permitting such when it
happened. That
is how they were able to take over and impose them on people unwilling
to have them.
ji...@specsol.spam.sux.com
Are you a real slow reader or have you been in detox?
Anyway, the relevant issue is that the PROPERTY your tin can trailer
is sitting on is rented.
The CC&Rs are on the LAND and they are kind of hard to avoid if your
trailer is sitting on that land.
ji...@specsol.spam.sux.com
One more time genius, that's why, if you have any sense at all, you buy
a HOUSE without an inane HOA and there are lots of them all over the country.
As long as you are parking your tin can on rented property, you are going
to be subject to the restrictions and whim of the property owner.
God, you are a babbling idiot.
richard
I do not believe the new covenants could be enforced on pre-existing
tenants. There may be some covenants that are enforceable on the land
itself, but not on the homes. You'd have to consult state laws on
that.
Since the landlord did not build, nor contract to build the mobile
homes, he can't possibly enforce the covenants on them. Simply for the
fact they reside on his property is not enough.
David Martel
If the tenant has a lease then it is likely that the new covenants would
not apply until the lease comes up for renewal. Without a lease I'd guess
that 30 days after notification would be the time to start these new terms.
Local law probably controls this but landlords commonly do change the rental
terms when renewing a lease. The tenant's options are: accept the new rules
or move.
Good luck,
Dave M.
krp
"David Martel" <mart...@verizon.net> wrote in message
news:8bmCl.1984$Q52...@nwrddc02.gnilink.net...
Depends on what state they live in. If the generator was there before
the new covenants they keep it. Often HOA lawyers make threats knowing that
most people won't fight them. Not sure a HOA can enforce a rule against
generators, only where they are placed. You may recall some HOA's LOST very
big time on the issue of radio towers.
Tater Gumfries
> So he imposed a bunch of umpossible to follow CC&Rs on the residents
> of the trailer park and a hoa to enforce it since the townhouses and
> trailers were all on the same land (that is contigous or continous)
> land that he now owned.
Y'all should have got together and hired a hit man. With crack and
meth being what they are, you probably could a got the job done for
less than $1,000.
Tater
krp
> So he imposed a bunch of umpossible to follow CC&Rs on the residents
> of the trailer park and a hoa to enforce it since the townhouses and
> trailers were all on the same land (that is contigous or continous)
> land that he now owned.
Well if the land is OWNED by the guy, he can pretty much set up any rules
he wants. At the end of the lease you either live by his rules or move. You
are NOT a "Home owner" he is.
David Martel
>> If the tenant has a lease then it is likely that the new covenants
>> would not apply until the lease comes up for renewal. Without a lease I'd
>> guess that 30 days after notification would be the time to start these
>> new terms. Local law probably controls this but landlords commonly do
>> change the rental terms when renewing a lease. The tenant's options are:
>> accept the new rules or move.
>
> Depends on what state they live in.
Quite true.
If the generator was there before
> the new covenants they keep it.
No, once the old rental agreement expires the tenant has very little room
to negotiate.
Often HOA lawyers make threats knowing that
> most people won't fight them. Not sure a HOA can enforce a rule against
> generators, only where they are placed.
Don't get distracted by the extraneous. This is not a HOA issue, it's a
landlord/tenant issue.
You may recall some HOA's LOST very
> big time on the issue of radio towers.
See the above.
Good luck,
Dave M.
krp
> krp
>
>>> If the tenant has a lease then it is likely that the new covenants
>>> would not apply until the lease comes up for renewal. Without a lease
>>> I'd guess that 30 days after notification would be the time to start
>>> these new terms. Local law probably controls this but landlords commonly
>>> do change the rental terms when renewing a lease. The tenant's options
>>> are: accept the new rules or move.
>>
>> Depends on what state they live in.
>
> Quite true.
>
> If the generator was there before
>> the new covenants they keep it.
>
> No, once the old rental agreement expires the tenant has very little
> room to negotiate.
Then it is not really a home owners association. Landlords can do pretty
much anything they want.
David Martel
>>> Depends on what state they live in.
>>
>> Quite true.
>>
>> If the generator was there before
>>> the new covenants they keep it.
>>
>> No, once the old rental agreement expires the tenant has very little
>> room to negotiate.
>
> Then it is not really a home owners association. Landlords can do pretty
> much anything they want.
My recollection of the original post was that a developer had created a
"covenanted" housing area. He then purchased the neighboring trailer park.
The trailor park was a collection of resident-owned trailors on leased lots.
Somehow the OP came to ask whether the trailor park is bound by the HOA. I
think the residents are bound by their leases until they expire. It's
possible that the developer, as landlord, has agreed to be bound by the HOA
but I don't think that applies "ex post facto" to the tenants. Until they
enter into a lease that says that they are forbidden to own generators they
may own generators. If that violates the HOA then the landlord must pay the
fines.
Good luck,
Dave M.
krp
`If he owns the land he makes the rules. The rules would come to play
after existing agreements run out. If you are not a "property owner" by
definition you can't be a member of the "homeowners association" because
you're not a "homeowner" in the legal sense. If the legal entity (city,
county or whatever) permits generators, I think a HOA would have problems
enforcing their rule.
trivial guy
erectile dysfunction?
ji...@specsol.spam.sux.com
>>
>> As long as you are parking your tin can on rented property, you are going
>> to be subject to the restrictions and whim of the property owner.
>
> and cc&rs imposed on previously non-hoa non cc&r property. Or on non-
> hoa non CC&R property.
Oh, you poor, victimized little thing...
You can't have a HOA for an isolated house; the "A" stands for Association.
Find an isolated house, buy it, and shut the hell up.
ji...@specsol.spam.sux.com
>>
>> As long as you are parking your tin can on rented property, you are going
>> to be subject to the restrictions and whim of the property owner.
>
> and cc&rs imposed on previously non-hoa non cc&r property. Or on non-
> hoa non CC&R property.
Utter, babbling nonsense.
A HOA is a corporation.
An individual can not be forced to join a corporation.
A HOA is formed by all the property owners, which is usually just the
original developer as the sole owner, and only the property owners that
choose to join are governed by the HOA.
Once formed, any subsequent buyer becomes a member of the existing HOA.
If everyone else on my street decided to form a HOA, I would just tell
them to pound sand and there is no way I could be forced to join as I
own my property.
CC&R's are restrictions on a deed and are independent of HOA's, though
the original developer probably generated both at the same time.
Note the extensive use of the word "owner"; if I rented the propery,
the property owner could certainly join a HOA and force the HOA rules
on me.
radioguy
> krp,
>
> >>> Depends on what state they live in.
>
> >> Quite true.
>
> >> If the generator was there before
> >>> the new covenants they keep it.
>
> >> No, once the old rental agreement expires the tenant has very little
> >> room to negotiate.
>
> > Then it is not really a home owners association. Landlords can do pretty
> > much anything they want.
>
> My recollection of the original post was that a developer had created a
> "covenanted" housing area. He then purchased the neighboring trailer park.
> The trailor park was a collection of resident-owned trailors on leased lots.
close. But the other way around. The developer purchased the trailer
park first with the intention of building a planned community
oftownhouses next door and then proceeded to do so.
And imposed the new rules as soon as he tookover. Although the old
contract wasn't expired, it was no longer valid since the new owner
took over and never made any such contract as the old one.
He sent notices that all the tenants of the trailer park were now
automatically under the new contract he had drawn up.
Some of the residents of the trailer park fought it in court, though
we didn't.
The court ruled in favor of the developer and against the residents of
the trailer park.
Of course, that county's residents are mostly made up of rich lawyers
and judges.
The ones who weren't lawyers and judges lived in the trailer parks.
At least I don't live in that county anymore.
While living in that county, I was approached several times by cops
for being out third shift. I worked second shift at that time, and got
off about 11 pm or 12 midnight and travelling home and then "what are
you doing out this late? Why are youdriving this late? Why are you out
driving this late?"
And for having one antenna on my carr other than the am/fm radio one
that came with the car and for not having a ham radio license for my
completely legal 40 channel CB, although he tried to claim it was for
loitering, even though I hadn't been there more than two minutes when
he came up to me saying such, then calling in my plate number.
and told I wasn't allowed to have my two-way radio the Icom Ic-R3 at
the outdoor public park.
since two-way radis aren't allowed there, according to the cop.
That's the downtown park with the stores and courthouses going around
it on the other side of the road.
and was in the daytime, the middle of the day while many other people
there had their frs/gmrs radios there and using them without any
problems from that same cop. even though he saw them using them also.
I'd sure like to see those cops talking on the Icom Ic-R3 and then
wonder where the backup they requested is.
It doesn't even cover the 800 mhz public safety frequencies that
county uses
.
Sylvia Else
> It's a way to discriminate against low income people so they won't
> have anywhere to live. And will then be arrested and put in jail and
> charged with crimes of loitering, trespassing, etcetera.
>
To what end?
Sylvia.