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RamiL (Florida)
Posts: 5
Posted:
Ok so I do not know where to start, I guess from the beginning... Sorry that it may be long.

Me and my family have moved to a new community about 3 years ago. We have rented a home. We are 5 family members, with 4 cars.

From day 1 that our family has moved to the community we have been targeted by our neighbors as an easy prey for the homeowners around. The neighbors hate each other and for no particular reason hate our family.

I mean I can start going on and on with stories about this place but no time.

Let's get to the point. Recently there was a board meeting in which the president of the community was replaced with the homeowner that apparently hates us the most.

He decided that our family cannot have 4 cars, but rather only 3. He decided that our family needs to go through an interview with the HOA once a year. He claims he will get a towing company to tow our cars if we park on the public street (where every one else can park). And now he threatens our family to be evacuated for "driving too much aorund the community".

I mean this is just non sense. What can we do to stop this dickhead?

Thanks,
Rami.
RamiL (Florida)
Posts: 5
Posted:
Throw us out*****
KevinK7 (Florida)
Posts: 1,343
Posted:
My understanding of the matter is a big no. They cannot do anything of the sort. They can't force you to interview or move, they can't tow your car, they cannot dictate how many cars you own.
KerryL1 (California)
Posts: 14,550
Posted:
HOA are guided by rules, restrictions, etc., that are written. Ask the president to show you the written rules that he says he will enforce. And also, he should be dealing with your landlord. Is he??

Do not tell us "stories" about the HOA.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Rami,

The issue is between the Association and your landlord (unless you needed approval from the Association prior to renting). As a renter, technically the Board does not have to hear from you and can force you to take everything through your landlord. Granted, I, and I suspect many on this site, do not think this is the right thing to do, but it would be legal.

Other than personality conflicts, lets try to see what the root of the issue is. You have 4 vehicles. How many parking spaces are assigned that you can use? Where do you park the other vehicles that are not parked in the assigned spaces?

JonD1
Posts: 2,350
Posted:
Perhaps there is some reason why this new President was supported to take over. Perhaps their agenda included doing something about the behavior of the OP. My guess the President's views might be shared by others in the community.

Can there be restrictions on the number of vehicles? Yes. Can they tow vehicles in violation? Yes.
Can the neighbors become annoyed with the traffic of 4 vehicles from just one home? Yes.

Should the OP be dealing with HOA or President directly? No. Should the OP have been given a copy of the rules and regulations beforehand? Yes.
Should the OP be considering their role in any conflict with the board and their neighbors? Yes.

Should the OP be referring to the board President, their neighbor, and an owner in this community as "dickhead"?
Probably not.

When in Rome do as the Romans do. Fit in don't stick out and expect others to adjust their behavior while you do nothing of the sort.
JimR24 (Texas)
Posts: 399
Posted:
Love reading this thread - very interesting stuff!

Lovin' life with my honey!
and, President of HOA in Texas
KevinK7 (Florida)
Posts: 1,343
Posted:
Quote:
Posted By JonD1 on 06/24/2014 5:19 AM
Perhaps there is some reason why this new President was supported to take over. Perhaps their agenda included doing something about the behavior of the OP. My guess the President's views might be shared by others in the community.

Can there be restrictions on the number of vehicles? Yes. Can they tow vehicles in violation? Yes.
Can the neighbors become annoyed with the traffic of 4 vehicles from just one home? Yes.

Should the OP be dealing with HOA or President directly? No. Should the OP have been given a copy of the rules and regulations beforehand? Yes.
Should the OP be considering their role in any conflict with the board and their neighbors? Yes.

Should the OP be referring to the board President, their neighbor, and an owner in this community as "dickhead"?
Probably not.

When in Rome do as the Romans do. Fit in don't stick out and expect others to adjust their behavior while you do nothing of the sort.

I missed the use of profanity. I always believe it is best to maintain cool and be friendly and kind. It usually works out in your favor in the end.

As for the restrictions on number of vehicles, while I can see a HOA with such restrictions, I can hardly see it being enforceable on public streets.
RamiL (Florida)
Posts: 5
Posted:
Quote:
Posted By TimB4 on 06/23/2014 7:54 PM
Rami,

The issue is between the Association and your landlord (unless you needed approval from the Association prior to renting). As a renter, technically the Board does not have to hear from you and can force you to take everything through your landlord. Granted, I, and I suspect many on this site, do not think this is the right thing to do, but it would be legal.

Other than personality conflicts, lets try to see what the root of the issue is. You have 4 vehicles. How many parking spaces are assigned that you can use? Where do you park the other vehicles that are not parked in the assigned spaces?


When we first moved here we have been approved on the HOA interview. We have also been approved for 4 vehicles. Most of the time we park by our home. Some times, when there is no parking, we may park along the street, where other residents park as well. We do not park in any special places / on the grass or in a way that may block any person from coming out.

In our neighborhood there is no parking decals or guest decals. Meaning that even if there are guests you would not be able to know who is a guest and who is a resident...
PitA1
Posts: 222
Posted:
OP;

while the street may, or may not, be public, there are deed restrictions in play

these restrictions would be applicable to any resident of the property (but enforceable by the HOA against the owner)

said restrictions (covenants) may CONTRACTURALLY prohibit parking on the street

towing a vehicle may be permitted depending on actual 'local' law

evidently there is parking for 3 and you have 4

you, as the tenant, have no 'contract' with any other homeowner (except your landlord)

you, and the HOA, should be dealing with the owner

you may NOT call the president a '****head'

the president may NOT threaten you

your only recourse may be to bring suit against your landlord

OR

mooooooove (as Judge Judy would say)
PitA1
Posts: 222
Posted:
our posts crossed

approved for 4 by whom ?

the HOA ?

in writing ?

your landlord ?

in writing ?

landlord's approval may, or may not, be valid !

you will need to see your landlord and/or attorney and/or mooooove

OR

'suck it up' and fit in with the neighbors

YOUR CHOICE
RamiL (Florida)
Posts: 5
Posted:


approved for 4 by whom ? by the HOA

in writing ? Yes

your landlord ? Also approved it.

in writing ? Yes.

_________________________

I just wanted you guys to know that I have really tried being nice to this guy. As a metter of fact when he first moved here (about a year ago) I went and introduced myself and offered any help he would need.

I like to solve things in a friendly matter but I am just fed up with the responses I was getting from him.

Also, I did ask for the HOA rules and regulation. I called the HOA company, they sent me this one page non-sense page that had nothing to do with the regulation of the community.

Also, I had a conversation with this guy about it and he said that the new regulation is not printed yet and therefore he cannot provide me with a copy.
RamiL (Florida)
Posts: 5
Posted:
Quote:
Posted By JonD1 on 06/24/2014 5:19 AM
Perhaps there is some reason why this new President was supported to take over. Perhaps their agenda included doing something about the behavior of the OP. My guess the President's views might be shared by others in the community.

Can there be restrictions on the number of vehicles? Yes. Can they tow vehicles in violation? Yes.
Can the neighbors become annoyed with the traffic of 4 vehicles from just one home? Yes.

Should the OP be dealing with HOA or President directly? No. Should the OP have been given a copy of the rules and regulations beforehand? Yes.
Should the OP be considering their role in any conflict with the board and their neighbors? Yes.

Should the OP be referring to the board President, their neighbor, and an owner in this community as "dickhead"?
Probably not.

When in Rome do as the Romans do. Fit in don't stick out and expect others to adjust their behavior while you do nothing of the sort.

The problem is that this is a small community (about 40-50 home owners I believe) and when he election took place a fe months ago, 80% of the people did not vote or took any role in electing him. Therefore he was elected and supported by a minority in the community. He has this plan to make our 175k property a 450k investment. I mean, this is pathetic.

Now, just to be clear, our family is not the only family suffering from this, although I personally believe we suffer the most form him because we are not home owners here. No one ever towed a car in this neighborhood, but 2 days ago a car that was parked less then 48 hours by our clubhouse was towed.

Also, one police officer living in the neighborhood was ordered to get his police car out of the neighborhood, because the police officer is allowed only 1 car and he had a personal car and a police car...

SheliaH (Indiana)
Posts: 6,964
Posted:
I'm sorry for the problems you've had, but as others have stated, you, your landlord and the HOA president all need to sit down and hash this out. Why isn't your landlord more involved in this since he IS the homeowner and ultimately responsible for the behaviors of the tenants?

This is an example of a major beef I have with landlords in HOA communities - it seems they expect the HOA to babysit their tenants and resolve all the problems and educate the tenants on community rules while they sit back and collect rent checks. To me, the proper approach is to go the landlord, who then goes to the board to resolve any issues.

If the other homeowners are having issues with the president over parking or anything else, it's up to them to go to the meeting and demand answers - and perhaps consider recalling the guy. Until then, lean on your landlord so he'll do his bloody job. One suggestion - since you and the HOA president seem to have a personality clash, you (actually your landlord) might consider talking to another board member or two who could mediate between all of you. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
As Sheila and others advise, get your landlord involved!! Report to the landlord the president's behavior; don't pour it us. We can do nothing about it.

By the way, the H/Os most like did not elect this man president. If few owners turned out to vote, it's their problem and yours. We can do nothing about it.

They elected him to the Board. Next, the board elected him as prez. If he's horrible, have other owners and your landlord go to a meeting and ask the board to remove him as president. As a tenant, there's little you can do.
KevinK7 (Florida)
Posts: 1,343
Posted:
Quote:
Posted By PitA1 on 06/24/2014 8:05 AM
OP;

while the street may, or may not, be public, there are deed restrictions in play

these restrictions would be applicable to any resident of the property (but enforceable by the HOA against the owner)

said restrictions (covenants) may CONTRACTURALLY prohibit parking on the street

towing a vehicle may be permitted depending on actual 'local' law

evidently there is parking for 3 and you have 4

you, as the tenant, have no 'contract' with any other homeowner (except your landlord)

you, and the HOA, should be dealing with the owner

you may NOT call the president a '****head'

the president may NOT threaten you

your only recourse may be to bring suit against your landlord

OR

mooooooove (as Judge Judy would say)

I have read before that while there may be covenants barring parking on public streets the Hoa cannot enforce that which is not legally under their jurisdiction. This would be as enforceable as a covenant stating you park in the last spot at the grocery store or only drive in the right lane. It is not on common property or a property subject to restrictions. It is on public streets.

My neighborhood wanted to ban street parking once but quickly abandoned the thought.

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