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

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  • drumad
    E30 Mastermind
    • Aug 2009
    • 1700

    #1

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

    I'm prepping my car for paint and I'm running into a snag.

    I need a second opinion on the rules and regulations concerning my HOA. Either I've gone full-retard and am not understanding this or I'm getting dry-fucked.

    Quick 4chan style background story
    -live in condo w/ 2 car garage
    -time for project e30 to start paint process (about two/three months ago)
    -starting sanding inside garage
    -sand car once every week or two when I have time
    -when I sand car, I sand with the garage door open
    -e30 is red from factory and PO painted single stage blue over (silly, I know)
    -resulting sanding dust is a darkish maroon

    I keep the dust inside the garage relatively well and have never had an issue with the community. I knew eventually I'd have to clean up the excess dust but was holding off on it.

    I received a letter yesterday:
    June 11, 2012

    Re: Car repair/work in garage

    Dear Mr. dru,

    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.


    For the Board of Directors,
    Community Manager
    I think, ok, whatever, I can wash the driveway, not a biggie. BUT I strictly remember reading that I can work on whatever I want within my garage. Here's what 18 B says (I'm showing the entire Rule 18):
    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.
    IAW Rule 18 B, I'm completely fine doing what I'm doing inside my garage. FYI, the project e30 is operable, registered, plated, and insured. However, that's besides the point since NONE of what I'm doing is being performed on the Common Elements or my driveway.

    Common Elements, as defined in the Declaration section of my community hand book:
    3.8 "Common Elements" means all portions of the Condominium Property other than the Units.
    So IAW 18 B and the above definition, I'm still completely fine with what I'm doing.

    I'm furious at this letter concerning not being able to do repair work and called the Community Manager this morning to present my case. The CM tells me that I cannot continue what I'm doing and that I have to cease any more "running of my body shop" in the garage.

    The CM also states that the reason I cannot continue further is also due to rule 18 C. Apparently it implies that I am limited to ONLY "oil changes/minor tune-ups" and that what I'm doing is considered a "major repair." But wait, 18 B states that I can't do "major repair" on the "Common Elements, including driveways." As defined, my garage is NOT part of the Common Elements or in the driveway.

    This is not the first time the HOA has been upset with me and I feel like my work in the garage is completely within the confines of the Rules and Regulations. I was really trying not to get angry with the CM but I was completely taken by their interpretation of these rules. The CM has stated that the only way I can do this is present my case to the Board and I really don't feel like wasting my time, effort, and money (might have legal shit to deal with?) in fighting this.

    I am honestly getting to the point where I'm throwing my hands up in the air and sending my project off to a local body shop. I really don't want to do that since I've been working on this project completely on my own and would like to call it completely my own.

    Am I not seeing this from their point of view? or am I right in some sense in this? what would you guys do? just seriously can't believe I pay these people fees to bitch at me.

    Sorry for the long post.

    tl;dr Fuck HOAs. If you're buying a house any time soon, avoid them at all costs.
    2008 335i - n54b30
    1991 318i - m52b28
    1994 fzj80 - LAND CRUSHER
  • VinniE30
    R3VLimited
    • May 2010
    • 2113

    #2
    I just bought a house and i'm SOOOO glad I didn't buy a house in a HOA area. I made it an absolute must that it didin't have a HOA, and they are so prevalent around here it's hard to avoid. I've heard so many simular stories and some really really bad how people get fucked by them.
    I'd rather not pay a monthly fee to have my freedom taken away.
    Zinno '89 <24v swap in progress>

    Comment

    • mrsleeve
      I waste 90% of my day here and all I got was this stupid title
      • Mar 2005
      • 16385

      #3
      The way I read it, what you are doing IN YOUR GARAGE is just fine. I would tell the HOA to pound sand, and if they persist then I would be putting an attorney on retainer and have them send a letter to tell them to pound sand. Wash off your drive way to make them happy and continue on with your project.
      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

      • xwill112x
        Θέλησα έναν τίτλο συνήθειας, απορροφώ για να είμ&#
        • Jan 2009
        • 4237

        #4
        Originally posted by mrsleeve
        The way I read it, what you are doing IN YOUR GARAGE is just fine. I would tell the HOA to pound sand, and if they persist then I would be putting an attorney on retainer and have them send a letter to tell them to pound sand. Wash off your drive way to make them happy and continue on with your project.

        I second this.
        sigpic

        Comment

        • F34R
          sLaughter
          • May 2009
          • 12390

          #5
          Originally posted by mrsleeve
          The way I read it, what you are doing IN YOUR GARAGE is just fine. I would tell the HOA to pound sand, and if they persist then I would be putting an attorney on retainer and have them send a letter to tell them to pound sand. Wash off your drive way to make them happy and continue on with your project.
          This, you're within rights contained to your garage.
          ~ Puch Cafe. ~ Do business? feedback ~ Check out my leather company ~

          Instagram: @BWeissLeather

          Current cars:
          ~ '87 325 M30B35 swap
          ~ '87 535
          ~ 01 540 Msport 6spd
          ~ '06 X5 4.8is

          Comment

          • cale
            R3VLimited
            • Oct 2005
            • 2331

            #6
            Every day at the end of the day wash down your driveway just to keep them happy, other than that I'd politely tell the CM that he needs to go back to school and learn English all over again because nowhere in 18. a-c does anything condemn what you're doing, in fact it tells you it's allowable. I'm not sure how you go about being issued fines, but if you are I'm sure there's a governing body which would laugh at your CM's attempts to create new rules to fine you.

            Comment

            • Komzorz
              Grease Monkey
              • Jun 2011
              • 332

              #7
              Seriously, just wash off the driveway, put down some extra tarps to catch more shit inside, and carry on.

              Fuck 'em, they've got no ground to stand on.
              '87 325is - Schwarz/Schwarz

              Comment

              • Massimo
                No R3VLimiter
                • Jan 2008
                • 3207

                #8
                Originally posted by mrsleeve
                The way I read it, what you are doing IN YOUR GARAGE is just fine. I would tell the HOA to pound sand, and if they persist then I would be putting an attorney on retainer and have them send a letter to tell them to pound sand. Wash off your drive way to make them happy and continue on with your project.
                This

                IDK about but these places but isn't what you do inside your property your buissness?
                sigpic

                Comment

                • drumad
                  E30 Mastermind
                  • Aug 2009
                  • 1700

                  #9
                  Originally posted by cale
                  Every day at the end of the day wash down your driveway just to keep them happy, other than that I'd politely tell the CM that he needs to go back to school and learn English all over again because nowhere in 18. a-c does anything condemn what you're doing, in fact it tells you it's allowable. I'm not sure how you go about being issued fines, but if you are I'm sure there's a governing body which would laugh at your CM's attempts to create new rules to fine you.
                  The CM is just communicating to me the Board's concerns. Don't know how involved the CM is but the CM did get all defensive when I was presenting my case.
                  Originally posted by Komzorz
                  Seriously, just wash off the driveway, put down some extra tarps to catch more shit inside, and carry on.

                  Fuck 'em, they've got no ground to stand on.
                  I got plastic lining on all my walls up already but obviously some of it has gone outside. I would sand with the garage door closed but then I'd have no means of ventilation at all. I do sand with a respirator though.
                  Originally posted by Massimo
                  This

                  IDK about but these places but isn't what you do inside your property your buissness?
                  That's what I thought.
                  2008 335i - n54b30
                  1991 318i - m52b28
                  1994 fzj80 - LAND CRUSHER

                  Comment

                  • MattAvino
                    R3VLimited
                    • Jan 2011
                    • 2147

                    #10
                    I agree with everyone here.
                    E30 buildy things
                    http://www.r3vlimited.com/board/showthread.php?t=195286

                    Comment

                    • CabbE30
                      R3VLimited
                      • Aug 2009
                      • 2358

                      #11
                      Create a distraction. Once they realize there's bigger shit going on they'll leave you alone.
                      I don't have my thinking cap on at the moment but I'm sure r3v could think of something.

                      Comment

                      • VANOS714
                        E30 Enthusiast
                        • Nov 2011
                        • 1195

                        #12
                        I agree with everyone.

                        Comment

                        • drumad
                          E30 Mastermind
                          • Aug 2009
                          • 1700

                          #13
                          My co-workers were telling me everyone is just pissy with the 25 year old in the neighborhood because I bought my place at 200k just last year and everyone else sank. The neighborhood was built around 2004 I think and were all listed at around 325+k.

                          In somewhat lighter news, which rot should I go with?

                          Hellrot
                          Imola
                          Henna
                          Vermillion
                          Chiaretto
                          Electric
                          Japan
                          Zinnober
                          Brilliant
                          Barrique
                          Melbourne
                          Calypso


                          I'm thinking either Imola or Barrique.
                          2008 335i - n54b30
                          1991 318i - m52b28
                          1994 fzj80 - LAND CRUSHER

                          Comment

                          • greentalks43
                            Noobie
                            • Nov 2011
                            • 39

                            #14
                            Here in California I see these letters all the time in our mailbox. I pay no attention to them. I do my best to minimize any spills and when I do I clean my mess up to the degree that it was as if it never happened. Your HOA has nothing to stand on. Despite not violating any of your HOA's rules they will watch you closely ready to pounce on the smallest of violations.

                            Comment

                            • mr.vang
                              R3V Elite
                              • May 2010
                              • 4371

                              #15
                              seriously fuck HOA, me and my brother always work on our old broken down cars in the garage. after two weeks of hard wrenching, we got a letter stating that we are operating an auto repair business in our garage. i called them up and ask if they would love to pay for my auto repair at the shop. never will i live in a HOA again and let them tell me how to live my life.
                              Bought parts from me before? leave your feedback here

                              Comment

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