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Looks like my paint job is going to have to stop :( (HOA issues)

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    #76
    I got a lovely little update for all of you. Since receiving the first letter, I've pressure washed the driveway, cleaned my garage, and sent my car off to get painted at a shop. Done everything they've asked and followed all the rules.

    Since then, I've sent this letter on over to them (thanks to whoever you were above, I ended up using yours as a template):
    Dear CM:

    Subject: Repair of Vehicle in Garage

    On June 11, 2012, I received a notice which stated the following:
    It has come to the Board of Director's attention that you may be doing some type of car repair
    work in your garage at [community]. Your driveway has a mist of red paint
    from some type of painting work that you are doing in your garage. Major repair work on
    cars at [community] is strictly prohibited. Please see 18 B in the Rules and
    Regulations.

    The driveway will need to be power washed in order to remove the red paint from the surface.
    Please have this repair done by June 30, 2012.

    Since the time I have received the notice, I have cleaned my driveway of any red dust. The mist of red paint is
    actually dust and is easily cleaned from the driveway surface. No painting has been done in my garage.

    As stated in the notice, it advised me to see 18 B in the Rules and Regulations section of the HOA bylaws.
    Section 18 reads as follows:
    18. Inoperable or Store Vehicles - Inoperable vehicles or stored vehicles may not be parked or
    left on any portion of the Common Elements.

    a. No junk or derelict vehicles or other vehicle not displaying current registration plates and
    current city/county and state permits shall not be kept on any portion of the Properties.

    b. No major repairs of any motor vehicle which shall cause the vehicle to remain inoperable
    at the end of one day will be conducted upon any portion of the Common Elements, including
    driveways.

    c. Privately owned vehicles may be repaired and stored within enclosed structures. Preventative
    maintenance, such as oil changes/minor tune-ups may be conducted, but must be within
    enclosed structures, which does not include driveways.

    Section 18 B clearly states that no major repairs of any motor vehicle which shall cause the vehicle to remain
    inoperable at the end of one day will be conducted upon any portion of the Common Elements, including
    driveways. In the Declaration section of the Community Handbook, the following definition is given:
    3.8 "Common Elements" means all portions of the Condominium Property other than the Units.

    According to these policies, definitions, and bylaws of the community, any project, maintenance, or further
    activity which takes place inside the property garage, does not violate any community bylaws, regulations, or restrictions. If I am to understand that the confines of my garage are a portion of the Common Elements,
    please inform me as such.

    If the Board of Directors believes this is still a violation of any bylaws, regulations, or restrictions defined
    in the Community Handbook, please provide me the section number of said handbook so that I may review.
    Otherwise, I will continue to perform work on my vehicle inside my property garage as permitted by these
    bylaws, regulations and restrictions. Any activity I perform within the enclosed structure of my garage and
    not upon the Common Elements is permitted, as stated in Section 18C, and does not impact the community
    environment.

    Additionally, I will maintain cleanliness of the driveway as previously requested in the letter dated June 11,
    2012.

    Respectfully,

    dru
    In response I received, in addition to another notice to clean red paint off my driveway, again; they sent out a new set of rules to the community. Here they are with the attached "newsletter."

    My thumb blocks the line that says "The new rules are bolded and underlined" btw.


    Here's a shot of the new rules. See the bolded and underlined statement.


    As you can see, the bolded and underlined statement now says "No major repairs are allowed." Someone help me pick up my jaw. I'm in disbelief and am trying to not do anything malicious here.

    They also expect me to sign an agreement stating that I agree to these rules.

    I don't know what to do here. I didn't sign up for this and specifically wanted to live here bc there was a garage for me to do work on my car which was allowed per the rules.
    2008 335i - n54b30
    1991 318i - m52b28
    1994 fzj80 - LAND CRUSHER

    Comment


      #77
      How well off are you with money? I would at least talk to a lawyer and see what he has to say about it and if you can actually do anything legally. I doubt you will be able to do anything but it's worth at least talking to a lawyer about.
      This is one of the many reasons why I strictly would not even look at any house in a HOA whatsoever when I was looking for a house. I love my non-HOA neighborhood freedom.:)
      Zinno '89 <24v swap in progress>

      Comment


        #78
        Well, unless the HOA committee is full of Potter Stewarts they haven't much to go on. One, unless they may inspect closed parts of your property (hint they can't) they will never see it thus it generally does not exist. Two, who defines "major repairs?" It seems to me that they have already in 18b, but paint work leaves the vehicle operable most days. So, as long as you leave the vehicle operable at the end of the day, 23:59 in my book, you are being reasonably compliant.

        Comment


          #79
          I'm fairly well off and can more than likely afford it. I don't want to obviously.

          I just got this today so I'm fairly heated. Once I've awakened from my drunken stupor tomorrow I'll be discussing options with the SO.
          2008 335i - n54b30
          1991 318i - m52b28
          1994 fzj80 - LAND CRUSHER

          Comment


            #80
            Originally posted by redsubdivisions View Post
            I remember a time when working on cars was looked up to and not frowned upon. Oh yeah, that was the industrial age...when neighbors actually got along and didn't turn on each other over petty shit.
            this is true man. I have always wished I lived in an earlier generation.

            Either way... troll them ahrd dude. Buy a $500 POS car that runs and is registered, etc. Park it in front of your house and just sit and smile

            Comment


              #81
              I would not sign the paper. Talk to a lawyer or just ask the quetion on a lawyer forum.
              First off what is a major repair consist of? If they don't define it then you can always fight it, I would suggest not having them define it, being undefined keeps you safe. Second I think sanding your car is defined as not a major repair or a repair at all, it's an upgrade, unless your shit is mad mangled and what not. Even then is it a repair? I would say repainting your car is maintenance because it does degrade over time if not well kept.
              Repair = to bring something back to original that has been damaged, ie dented body work would be considered a repair, but replacing anything on your car or making it better would be considered maintenance or upgrading.
              "I wanna see da boat movie"
              "I got a tree on my house"

              Comment


                #82
                ^ this is good thinking

                Comment


                  #83
                  i would definitely buy some POS lemons car and park it in the middle of public parking and move it around every other day or so.
                  AWD > RWD

                  Comment


                    #84
                    DONT SIGN THAT!!!!!!!!!!!

                    Those are not what the rules say and its not what they said when you bought the place and decided to live there.

                    They cant go changing the rules and adding shit all willy nilly, with out the consent of the community (unless the by laws say they can). Were there meetings where this was discussed and brought up where you and other residents would be allowed to speak or did the board meet in someones living room and draft this shit on their own????


                    Time to lawyer up, and have him send some letters. If they dont back off then, its time to move or pony up tell them to fuck off again and TROLL the shit outta them. The trolling might end up being cheaper in the long run with the real estate market like it is.
                    Last edited by mrsleeve; 07-13-2012, 05:52 PM.
                    Originally posted by Fusion
                    If a car is the epitome of freedom, than an electric car is house arrest with your wife titty fucking your next door neighbor.
                    The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money. -Alexis de Tocqueville


                    The Desire to Save Humanity is Always a False Front for the Urge to Rule it- H. L. Mencken

                    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants.
                    William Pitt-

                    Comment


                      #85
                      Do what you want on YOUR property and tell the HOA to GTFO. Build a huge fence around your property and don't let anyone in.

                      If they fine you, don't pay.

                      Edit: Also, stop paying the monthly fee for jerkoffs to tell you what to do with your own property.
                      Last edited by OniKyan; 07-13-2012, 07:16 PM.
                      M20B23 Euro 323i - The Legend Of Ron Burgundrot

                      Comment


                        #86
                        Buy a pos car a register it, do ieeeeet. Get a shitbucket burnt/rusted and torn up. It would be glorious. Please film reactions too.
                        1989 BMW 325is | 2019 Ford Ranger FX4
                        willschnitz

                        Comment


                          #87
                          ^If I had the drive space room, I'd do that. Get a rust bucket that is registered, plated, and state inspected and just let it sit there in the driveway.

                          I'll be doing some research on this tomorrow and try to find some ways to fanagle with this. Anywho, time to start drinking.
                          2008 335i - n54b30
                          1991 318i - m52b28
                          1994 fzj80 - LAND CRUSHER

                          Comment


                            #88
                            Take my advise.
                            and yes I'm with you time to start drinking!
                            "I wanna see da boat movie"
                            "I got a tree on my house"

                            Comment


                              #89
                              Do not sign it. If you sign it you are agreeing to their rules on their terms. By not signing it you are requiring them to hold you to the rules you previously agreed to.

                              This is a community (or communist if you prefer) association. I could understand if it were an apartment complex. An apartment complex could have you evicted.

                              If I'm not mistaken an HOA cannot evict you. They can probably sue you, but what will that accomplish if you are following the rules you previously agreed to?

                              Comment


                                #90
                                That's fucked. They just added that rule specifically for you.


                                Keep it slideways!!

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