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Old Dec 9, 2009 | 11:20 AM
  #19 (permalink)  
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Franc Rauscher
Senior Member
Joined: Mar 2008
Posts: 8,502
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From: St Louis MO
Default Re: Can't Believe This !

As a former President of an HOA, I have to jump in. I guess that makes me a Micropheliac.

Facts are that you signed the covenants along with a pile of documents thicker than a modern Congressional bailout bill. You didn't read it because you assumed the covenants were written with your best interests in mind.
You figured wrong.

HOA's actually have little power as they must enforce the restrictions as a matter of contract, not ordinance. So, when they give you grief, threaten court. Mean it or don't do it. A letter from your attorney will likely provide motivation for a compromise agreement. It costs too much to go to court with everybody. Most HOA's do not have huge sums with which to go to court. If they do, the boards are being reckless with the HOA's money. A violationof their feduciary responsibility. Using this will beat the HOA everytime.

If your request for a variance is reasonable, you will win. I've been on both sides of this situation. After twenty years of bucking the HOA I ran for office for no other reason than to get the egomaniacs out. Seemed to work better being reasonable than an @sshole. I did it for 13 years.

Crumpy is the Prez now and the headaches of running the HOA of 406 homes is still bringing 2:00 AM phone calls. But people can enjoy doing, within reason, what they want to do with their property under her watch.

As for this Vet, he actually had the law on his side. One cannot be prevented from flying the colors from their own property. Federal law. So long as he owns the ground, he can place a flag in it. That's why some condos now set it up that you don't own the ground outside the footprint of your house. Watch out for that one if buying a condo.


roadster with a stick
 

Last edited by Franc Rauscher; Dec 9, 2009 at 11:29 AM.
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