Originally posted by: Yossarian
We've known each other many years, The Godfather, but this is the first time you came to ATOT for counsel, for help. I can't remember the last time that you invited us to your house for a cup of coffee. But let's be frank here: you never wanted our friendship. And you were afraid to be in our debt. You and your father found paradise in America, had a good trade, made a good living. The police protected you; and there were courts of law. And you didn't need a friend of us. But uh, now you come to us and you say -- "ATOT give me justice." -- But you don't ask with respect. You don't offer friendship. Instead, you come into our forum on the day our daughter is to be married, and you ask us to provide free legal counseling.
What have we ever done to make you treat us so disrespectfully? Had you come to us in friendship, then this scum that runs your father's HOA would be suffering this very day. And that by chance if an honest man such as yourself should make enemies, then they would become our enemies. And then they would fear you.
Originally posted by: The Godfather
So youre saying the Homeowner's Association is composed of people living in this neighborhood? They decide who to sue, who to fine? Its not an outside group of people/managers that preside over the neighborhood?
Originally posted by: The Godfather
So youre saying the Homeowner's Association is composed of people living in this neighborhood? They decide who to sue, who to fine? Its not an outside group of people/managers that preside over the neighborhood?
Originally posted by: MrDudeMan
Originally posted by: JeffreyLebowski
Connect a chain from the frame of the vehicle to the house or garage door. If they try to tow it you sue the shit out of them for damaging the house.
Whatever you do, your dad needs to put the house up for sale and get out. Living with HOA's is like living in 1930's Germany.
I prefer living in HOAs. It keeps idiots from trashing up the neighborhood. The rules in my HOA are very reasonable and easy to follow. You don't have to live in one if you can't handle it.
Originally posted by: Joemonkey
we're looking for a house and shit like this is why we toss out every page we see that has
HOA? Yes
Originally posted by: The Godfather
Originally posted by: tk149
1. Get a lawyer, your dad is being sued.
2. Check the house sales contract. There's likely a clause in there about agreeing to comply with the HOA rules. If so, it's irrelevant that your dad didn't get the HOA rules until after he bought the house. That's his own fault for not reading everything and making sure he had all the papers. The Title Company should have warned him, if nothing else. If there's nothing in there about an HOA, then you may have a case for ignoring their rules.
3. Just guessing on this one, but it sounds like you have an HOA that contracts out parking enforcement to a company, and the HOA switched to a different enforcement company, which is when your troubles started. If so, deal directly with the HOA, not the enforcement company. The HOA is the boss here. If the HOA tells the enforcement company to stop, the company will stop. The HOA should be made up of HOMEOWNERS in the neighborhood. It's not a faceless corporation. Maybe if you invited the HOA president over for a beer, you could get this resolved easily.
4. The FMCSA definition you keep quoting might be irrelevant. It depends on the wording of the HOA rules. Have you read them yet? If not, you might want to reconsider the part about helping represent your dad in court.
5. Sounds like your dad just ignored the parking tickets. He should have used the grievance/dispute clause in the HOA rules to dispute the tickets. He can still try, and the petition signed by the neighbors can be used to help his case. Note that at this point, depending on the asnwer to point #3, you may have two different legal issues. One is with the HOA, and the other is with the enforcement company (or it's assignee).
6. The HOA Rules might give some way to appeal if he loses his case in HOA "court." Have you read the rules yet?
How do you appeal, what exactly do you do and what are the outcomes if successful? I'm not familiar with that term.
community documents:
community documents:
Boats, trailers, buses, panel trucks, trucks with a load capacity of one ton or more, vans
(excluding vans used by handicapped persons, mini-vans, or utility vehicles used as passenger
vehicles and receiving a "car" or "passenger vehicle" classification by the Georgia Department of
Motor Vehicles), recreational vehicles (RV1s and motor homes), vehicles used primarily for
commercial purposes, and vehicles with commercial writings on the exteriors other than
Sheriffs, Marshal's, or police officer's vehicles marked as such, are also prohibited from being
parked on a Lot or on the Community, except in garages or other areas approved by the Board as
parking areas for particular types of vehicles. Notwithstanding the foregoing, trucks, vans,
commercial vehicles, and vehicles with commercial writings on their exteriors shall be allowed
temporarily on the Community during normal business hours for the purpose of serving any Lot
or the Common Property; provided, however, no such vehicle shall remain on the Lot or the
Common Property overnight for any purpose unless prior written consent of the Board is first
obtained.
If any vehicle is parked on any portion of the Community in violation of this Section 9.6 i
or in violation of the Association's rules and regulations, the Board may place a notice on the
vehicle specifying the nature of the violation and stating that after 24 hours the vehicle may be
towed. The notice shall include the name and telephone number of a person to contact regarding
the alleged violation. A notice also shall be conspicuousIy placed at the Community stating the
name and telephone number of the person or entity which will do the towing. If 24 hours after
such notice is placed on the vehicle, the violation continues or thereafter occurs again within six
months of such notice, the vehicle may be towed in accordance with the notice, without further
notice to the vehicle owner or user.