Toilet Paper in trees

Started by ScooterB • 3 replies • 1384 views

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ScooterB (Alabama)
Posts: 2

Posted:

I live in a community in Alabama where the HOA is basically powerless. My wife and I moved in 3 years ago and even though my realtor said the there was no HOA, a week or so after moving in, the HOA contacted us. The dues were pretty reasonable, and my neighbors said the HOA was rarely intrusive or difficult to deal with. I was annoyed with my realtor but decided to just go with it and pay the dues. All in all, no problem at all with the HOA or any of my neighbors until JDF moved in across the street.

JDF is an avid college football fan and celebrates his teams victories by rolling his own house and yard. Yes tossing toilet paper into trees as a form of celebration. Now, if this idiot wants to vandalize his own property, who am I to judge? The problem is that the toilet paper blows right into my yard. It never fails on a Sunday morning the wind starts kicking up and blowing the TP right into my yard.

I took my complaint to the HOA and found I was not the only complaint. JDF hired representation and the Bylaws do not specify rules against vandalizing one's own house. To his credit, JDF does attempt to keep the debris in his own yard. His lawyer is arguing that mother nature is out of their control and it is akin to leaves blowing into ones yard. This obviously BS, but I am at a loss as to what to do. The head of the HOA is a fan of the same team, and this year the Saturday after Thanksgiving he and JDF both threw toilet paper on their own houses.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Scooter,

With the number of bogus posts this site has been receiving over the past few days I'm not really positive if your issue is real or simply another bogus post. However, I'll give you the benefit of the doubt.

If your Association isn't doing anything to address the issue, then you have the following choices:

1) Take action yourself. Your governing documents typically give you authority to enforce the covenants. This would be done through the court system. I would look for a covenant about activity creating a nuisance.

2) Gather support from the neighbors and put pressure on the Board to address the issue. If the Board still won't act, use the support to recall the Board or vote them out at the next election and replace them with those who will act.

3) Join in the fun.

4) Move

ScooterB (Alabama)
Posts: 2

Posted:

Quote:

Posted By TimB4 on 01/24/2014 2:19 PM
Scooter,

With the number of bogus posts this site has been receiving over the past few days I'm not really positive if your issue is real or simply another bogus post. However, I'll give you the benefit of the doubt.

If your Association isn't doing anything to address the issue, then you have the following choices:

1) Take action yourself. Your governing documents typically give you authority to enforce the covenants. This would be done through the court system. I would look for a covenant about activity creating a nuisance.

2) Gather support from the neighbors and put pressure on the Board to address the issue. If the Board still won't act, use the support to recall the Board or vote them out at the next election and replace them with those who will act.

3) Join in the fun.

4) Move

Thanks Tim.

I saw the posts about joke threads and thought being new, I might get lumped in with that. I appreciate the advice. The court system sounds time consuming and expensive. I am working on the neighbors, and that will probably be the route taken. I am thinking of running for President and getting rid of the idiot in charge currently. Getting a lot of support for this from some of my neighbors. Joining the fun isn't going to happen. What kind of lunatic rolls his own house or someone else's for that matter? I shouldn't have to move.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By ScooterB on 01/24/2014 2:27 PM
Joining the fun isn't going to happen. I shouldn't have to move.

I agree that those options aren't always the best or realistic. However, they are options and I try to list all options I can think of when anyone asks. The decision of which option to implement is the person asking as they are the ones who will need to deal with any consequences (intended and unintended) of that decision.

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