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HOA restricts OC

XDUser

Regular Member
Joined
Mar 16, 2010
Messages
58
Location
WA
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Heck set up some dates for a BBQ and some of us newer members can get to meet others face to face while at the same time assisting with this HOA issue.
 

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
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TFred wrote:
As far as I know, they ... are powerless to regulate behavior on your own property... or on the public streets leading to it.
Citation please. That's not my experience.

In re enforcement; I agree that it is a civil matter only and there may be constraints in the covenant. My HOA president, personally, had to bring the action. The HOA could not act as a legal entity.
 

FretlessMayhem

Regular Member
Joined
Apr 6, 2008
Messages
46
Location
Chesapeake, VA
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old dog wrote:
HOA, now that's the problem; or more correctly the kind of people it attracts is the problem.

It's been my experience that these contemptible busybodies are almost always little old ladies or men from up North who validate themselves by forcing their rules on others.
Heh. I was fed up with the way my HOA was spending money so I ran and got elected to it. The funny thing is, I'm the most permissive member of the BOD.

You want to hang a sign? Cool. Want to have more than 5 plants? Cool. The way I see it, what one does in their home is their business. As long as they don't bother anyone.

It's the old people that always fight against me. It's always "the damn kids" and this and that. I would be absolutely appalled if someone suggesting adding a rule to ban OC. Given that there are only 2 of us on the BOD, they'd need my vote for that.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
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Doug Huffman wrote:
TFred wrote:
As far as I know, they ... are powerless to regulate behavior on your own property... or on the public streets leading to it.
Citation please. That's not my experience.

In re enforcement; I agree that it is a civil matter only and there may be constraints in the covenant. My HOA president, personally, had to bring the action. The HOA could not act as a legal entity.
Ha, "as far as I know" should be clear to imply that I don't have a cite. If I had a cite, then I would know for sure! :)

I'm just thinking that public streets are governed by state and local law. If the HOA said you couldn't park any red cars on a city or county-owned street, how could that be enforced?

On your property, they do govern things related to maintenance and appearance, but how can they tell you you can't wear a hat or OC a gun, all legal things. State code even says you don't need a permit to carry concealed in your "own place of abode or the curtilage thereof" which is ill-defined, but certainly would be on your property.

TFred
 

KaosDad

Regular Member
Joined
Jan 25, 2010
Messages
74
Location
Loudoun County, Virginia, USA
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TFred wrote:
Doug Huffman wrote:
TFred wrote:
As far as I know, they ... are powerless to regulate behavior on your own property... or on the public streets leading to it.
Citation please. That's not my experience.

In re enforcement; I agree that it is a civil matter only and there may be constraints in the covenant. My HOA president, personally, had to bring the action. The HOA could not act as a legal entity.
Ha, "as far as I know" should be clear to imply that I don't have a cite. If I had a cite, then I would know for sure! :)

I'm just thinking that public streets are governed by state and local law. If the HOA said you couldn't park any red cars on a city or county-owned street, how could that be enforced?

On your property, they do govern things related to maintenance and appearance, but how can they tell you you can't wear a hat or OC a gun, all legal things. State code even says you don't need a permit to carry concealed in your "own place of abode or the curtilage thereof" which is ill-defined, but certainly would be on your property.

TFred
Sadly, I have experience to the opposite. I lived in Lake Ridge, VA, for five hellish years (1987 - 1992). If you had a fender bender on the way home you had better have a garage to keep the car in. Vehicles with visible body damage were prohibited from street/driveway parking as were motorcycles. So, yes, a Stalinist HOA CAN regulate what you do on "your"property.
 

Mr H

Regular Member
Joined
Mar 4, 2010
Messages
286
Location
AA Co., Maryland, USA
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TFred wrote:
I just realized, it's a win-win... after a few weeks or months of non-incident gatherings at your home, in full view of your neighbors, you would have ample evidence to present before the HOA annual meeting that OC is a non-issue, and you would likely have support to abolish the new rule.


Shoot... (no pun intended)

That might even work... GASP... in Maryland!!!!!!!!!!
 
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