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Thread: HOA Suing Vet over Swing Set

  1. #31
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    Quote Originally Posted by ChitownHusker View Post
    An HOA is a contractual arrangement whereby people voluntarily submit to a host of covenants prior to purchasing the house. They do so in order to mutually preserve property values. I believe that parties have the right to contract as they wish, even to the point of stupidity. This may be a stupid covenant, but if the person agreed to be bound by the covenants when he purchased the house, and the swing set violates that covenant, and he did not seek a waiver from the covenant prior to installation, then I have no problem with holding him to his word. The HOA likely doesn't have a choice: if a neighbor is complaining about a covenant violation, and there is in fact a violation, then the HOA has a fiduciary obligation to enforce the covenants.
    Too many laws and regulations these days. Just my opinion.

  2. #32
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    Quote Originally Posted by COsker View Post
    Too many laws and regulations these days. Just my opinion.
    yup.

  3. #33
    Quote Originally Posted by COsker View Post
    Too many laws and regulations these days. Just my opinion.

    An HOA does not have laws or regulations. It has bylaws and covenants that people agree to be bound by. An HOA has power over a person only because the person contractually provides it with that power by signing a contractually binding document. That is not true of a governmental entity.
    "The distinctive mark of the Christian, today more than ever, must be love for the poor, the weak, the suffering." Pope John Paul II


  4. #34
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  5. #35
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    Quote Originally Posted by ChitownHusker View Post
    An HOA does not have laws or regulations. It has bylaws and covenants that people agree to be bound by. An HOA has power over a person only because the person contractually provides it with that power by signing a contractually binding document. That is not true of a governmental entity.
    But the governmental entity of the city you live can arrest you for living within an HOA and paying dues.
    On charges of solicitation of prostitution; i.e. you are paying your HOA to screw you.
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  6. #36
    Quote Originally Posted by Red Dead Redemption View Post
    But the governmental entity of the city you live can arrest you for living within an HOA and paying dues.
    On charges of solicitation of prostitution; i.e. you are paying your HOA to screw you.
    I don't look at it that way at all. I am paying my HOA to maintain basic standards in my neighborhood, which keeps the value of my house up. Property values tend to decline at the expiration of HOA covenants. I'm glad my neighbor can't park his RV in his driveway and put his rusted Pontiac Firebird on cement blocks in the front yard.
    "The distinctive mark of the Christian, today more than ever, must be love for the poor, the weak, the suffering." Pope John Paul II


  7. #37
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    Quote Originally Posted by ChitownHusker View Post
    I don't look at it that way at all. I am paying my HOA to maintain basic standards in my neighborhood, which keeps the value of my house up. Property values tend to decline at the expiration of HOA covenants. I'm glad my neighbor can't park his RV in his driveway and put his rusted Pontiac Firebird on cement blocks in the front yard.
    I agree. I'm just playing both sides of the fence (in #34 and #35).

    And of course the height and design of that fence is regulated by the HOA.
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  8. #38
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    Generally speaking, people choose to buy property in a neighborhood that has an HOA. You don't have to buy property there if you don't like their rules and you don't have to buy property in any HOA if you don't like any extra HOA rules.
    "It doesn't matter where you start or how people perceive you now or what your potential is. ... It's going to be how this football team comes together and meets the challenges ... I like our potential, but there's a lot of teams that like their potential. It's going to be how we put things together, how we grow and how we come together as a team. It's not going to be the best collection of talent, it's going to be the best team. ...." - Bo Pelini, Big 10 Media Days, 2014

  9. #39
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    Why is this guy's veteran status even mentioned?

    Why is this even news?

  10. #40
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    Quote Originally Posted by McKinneyTXHusker View Post
    As with what RP said earlier, you're right - if that's the case. So far all I've seen is a verbal assertion during an interview of an HOA official that written approval is required, and verbal statements from the wife saying that a HOA official gave them verbal approval earlier. I guess "the devil's in the details" and I don't know where to get more details on this.
    The reason written approval is required for something like this is it anticipates and avoids he-said/she-said disputes. She had an obligation to know written approval would be required and not to accept verbal approval. She may not be lying but if not she was at least naive and will know better next time. There's nothing wrong here.
    "It doesn't matter where you start or how people perceive you now or what your potential is. ... It's going to be how this football team comes together and meets the challenges ... I like our potential, but there's a lot of teams that like their potential. It's going to be how we put things together, how we grow and how we come together as a team. It's not going to be the best collection of talent, it's going to be the best team. ...." - Bo Pelini, Big 10 Media Days, 2014

  11. #41
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    Quote Originally Posted by cm husker View Post
    Why is this guy's veteran status even mentioned?

    Why is this even news?
    Because it is a qualifying status under rules of special pleading practiced in our culture today.
    "It doesn't matter where you start or how people perceive you now or what your potential is. ... It's going to be how this football team comes together and meets the challenges ... I like our potential, but there's a lot of teams that like their potential. It's going to be how we put things together, how we grow and how we come together as a team. It's not going to be the best collection of talent, it's going to be the best team. ...." - Bo Pelini, Big 10 Media Days, 2014

  12. #42
    Quote Originally Posted by RedPhoenix View Post
    According to the article the bylaws require written submission. And what if the wife is lying? Anyone that builds a swing set like that shouldn't be trusted.
    We've had a case here where I work, where an unauthorized City official gave improper approval for a project. When the City later tried to de-permit the project a court found that we could not. The onus was on the City to adhere to the proper approval process, not the resident who had received a signed permit to proceed. Of course, there was still final inspection to make sure the project was at least correctly completed...but it would have been the desire of City staff for the project to not be done at all.

    Not sure of the particulars of this situation, but if they were provided documentation that was represented as HOA approval, I would say the mistake was on the part of HOA staff. If they are simply implying approval due to some informal email or conversation, than they should not have constructed the structure in the first place.

  13. #43
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    My advice to some people complaining about this is simple: just don't enter any contracts.
    "It doesn't matter where you start or how people perceive you now or what your potential is. ... It's going to be how this football team comes together and meets the challenges ... I like our potential, but there's a lot of teams that like their potential. It's going to be how we put things together, how we grow and how we come together as a team. It's not going to be the best collection of talent, it's going to be the best team. ...." - Bo Pelini, Big 10 Media Days, 2014

  14. #44
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    This BBS has too many rules.
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  15. #45
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    Quote Originally Posted by huskernut View Post
    The reason written approval is required for something like this is it anticipates and avoids he-said/she-said disputes. She had an obligation to know written approval would be required and not to accept verbal approval. She may not be lying but if not she was at least naive and will know better next time. There's nothing wrong here.
    Uh, thanks nut, but while that's possibly true, its not necessarily true. As I stated earlier, I've lived in places where the HOA only required verbal approval from the particular board member in charge of architectural review - that may or may not be the case here, we don't know.








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