RobertA5 (South Carolina)
Posts: 4
Posts: 4
Posted:
Hope you all can help with this. I have looked thru different posts but could not find any conclusive answer.
This will deal with Commercial vehicles. Our Covenant states the following:
No commercial vehicles EXCEPT standars passenger cars and pickup trucks USED IN TRADE shall remain over night on any Lot.
I live in a small HOA (84 homes), I have lived here for 9 years now and work for a utility company and have always brought home a company vehicle. Fist they were a van with ladder racks and lights on the top and Logoed on both sides, cones on the front and back and a large water jug strapped to the back. As I advanced in the company I was given a pickup truck with a boom on the back (Ford F-350 truck. This I started bringing home in 2001, At which time I was on the ARC as Chairman, I have always been told by previous board members that these vehicles did not fit the covenant and so I was never cited for being in violation. In Feb 2002 I was elected to the BOD for a 3 year term (I had this said vehicle full time 24/7) nothing was ever said. In 2003 I was made President (mistake)still had this said vehicle. Well during this year a complaint was made in reference to a shed being put up in a backyard (our CC&R's states no outbuildings allowed), homeowner was written they were in vioolation and had to remove said shed but was also given the oppurtunity to come to Board meeting and state there case and the complaintant was also asked to come. Well all past Boards allowed certain things to bee done behind a 6 foot Fence you could not see thru even if it was against the CC&r's. But there are countless other sheds behind homes that you can see from the road but they are never questioned nor does anybody know when these were erected. Anyway after the disscussion at the Board meeting it was determined from the whole board to allow homeowner to keep the shed. The one Board member was on the Board basically since the beginging. After this started all kinds of complaints coming in for just about anything and these complaintants wanted everything by the book or they were going to sue. I became the biggest target of all. These complaintants started calling my job, which my job was okay with it as long as at the present time there was no violation.
In 2004 these individuals sued the HOA and myself for numerous things (I was still on the BOD)since they could not get there way. They sued over Boats, Trailers, Fences, sheds, commercial vehicles and saying we held illegal meetings. This suit went on and on and it finnally became just a case against me with my vehicle, they did not want to pursue on the other issues.
In 2005 there were 2 new Board members elected who were friends with the Plaintiffs, about 2/3 of the way thru this year they decided to make my vehicle illegal in here. These new directors also wrote my job and also stated that this vehiclewas causing extra wear and tear to the roadways. So now my job did not want any kind of liabilty on them so I had to quit taking home my vehicle untill all this was settled. This just caused more chaos since now the attorney who was representing the HOA was no split, she could not go back and now say that this was all illegal so she had to resign and new attorneys appointed. So this went on and on again. Finally we get a court date set and the night before the court date the Plaintiffs drop all charges. So now we have no settlement. the final disposition to this was CASE DISSMISSED WITH PREJUDICE.
So my question to you all is. After being told by previous Boards there was no violation and only because these homeowners got mad and sued and there friends got on the Board nad they wanted me to just give in to the lawsuit and settle it so it would go away. But I stood my ground the whole time. The only persons out any money were the Plaintiffs. All our attorny fees were paid by the Insurance company. Can my vehicle now after all this time be in violation? If so then every year when a new Board is elected if they did not like the previous Board interpretations they can just change them?
This will deal with Commercial vehicles. Our Covenant states the following:
No commercial vehicles EXCEPT standars passenger cars and pickup trucks USED IN TRADE shall remain over night on any Lot.
I live in a small HOA (84 homes), I have lived here for 9 years now and work for a utility company and have always brought home a company vehicle. Fist they were a van with ladder racks and lights on the top and Logoed on both sides, cones on the front and back and a large water jug strapped to the back. As I advanced in the company I was given a pickup truck with a boom on the back (Ford F-350 truck. This I started bringing home in 2001, At which time I was on the ARC as Chairman, I have always been told by previous board members that these vehicles did not fit the covenant and so I was never cited for being in violation. In Feb 2002 I was elected to the BOD for a 3 year term (I had this said vehicle full time 24/7) nothing was ever said. In 2003 I was made President (mistake)still had this said vehicle. Well during this year a complaint was made in reference to a shed being put up in a backyard (our CC&R's states no outbuildings allowed), homeowner was written they were in vioolation and had to remove said shed but was also given the oppurtunity to come to Board meeting and state there case and the complaintant was also asked to come. Well all past Boards allowed certain things to bee done behind a 6 foot Fence you could not see thru even if it was against the CC&r's. But there are countless other sheds behind homes that you can see from the road but they are never questioned nor does anybody know when these were erected. Anyway after the disscussion at the Board meeting it was determined from the whole board to allow homeowner to keep the shed. The one Board member was on the Board basically since the beginging. After this started all kinds of complaints coming in for just about anything and these complaintants wanted everything by the book or they were going to sue. I became the biggest target of all. These complaintants started calling my job, which my job was okay with it as long as at the present time there was no violation.
In 2004 these individuals sued the HOA and myself for numerous things (I was still on the BOD)since they could not get there way. They sued over Boats, Trailers, Fences, sheds, commercial vehicles and saying we held illegal meetings. This suit went on and on and it finnally became just a case against me with my vehicle, they did not want to pursue on the other issues.
In 2005 there were 2 new Board members elected who were friends with the Plaintiffs, about 2/3 of the way thru this year they decided to make my vehicle illegal in here. These new directors also wrote my job and also stated that this vehiclewas causing extra wear and tear to the roadways. So now my job did not want any kind of liabilty on them so I had to quit taking home my vehicle untill all this was settled. This just caused more chaos since now the attorney who was representing the HOA was no split, she could not go back and now say that this was all illegal so she had to resign and new attorneys appointed. So this went on and on again. Finally we get a court date set and the night before the court date the Plaintiffs drop all charges. So now we have no settlement. the final disposition to this was CASE DISSMISSED WITH PREJUDICE.
So my question to you all is. After being told by previous Boards there was no violation and only because these homeowners got mad and sued and there friends got on the Board nad they wanted me to just give in to the lawsuit and settle it so it would go away. But I stood my ground the whole time. The only persons out any money were the Plaintiffs. All our attorny fees were paid by the Insurance company. Can my vehicle now after all this time be in violation? If so then every year when a new Board is elected if they did not like the previous Board interpretations they can just change them?