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Thread: HOA Suing Vet over Swing Set

  1. #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 just shows that we're changing the program," Petteway said. "Coach Miles and the guys we have on our staff and our players, we're changing the culture of Nebraska basketball, and this is just the beginning for us." - HuskerOnline.com 2-16-2014

  2. #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.

  3. #43
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    My advice to some people complaining about this is simple: just don't enter any contracts.
    "It just shows that we're changing the program," Petteway said. "Coach Miles and the guys we have on our staff and our players, we're changing the culture of Nebraska basketball, and this is just the beginning for us." - HuskerOnline.com 2-16-2014

  4. #44
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    This BBS has too many rules.
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  5. #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.

  6. #46
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    Quote Originally Posted by McKinneyTXHusker View Post
    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.
    Sorry, I read your post 25 but had skipped your post 21. My mistake.
    "It just shows that we're changing the program," Petteway said. "Coach Miles and the guys we have on our staff and our players, we're changing the culture of Nebraska basketball, and this is just the beginning for us." - HuskerOnline.com 2-16-2014

  7. #47
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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.
    I was speaking in the general sense, but understand the distinction.

    That said, there are too many rules and regulations these days.

  8. #48
    Quote Originally Posted by McKinneyTXHusker View Post
    Well, they're certainly not "big government" with respect to anything federal, state, or even city or county. But seeing as how the definition of "government" includes "community" I'd say they're an example of "community government" - in this case community government run amok!
    I think Chi filled you in on this. Private parties with a contract does not = Big Government

    Quote Originally Posted by Squatchsker View Post
    Stuff like this is why I will never live in an area with a HOA. You signed the papers Bub, now live with it.
    BINGO

    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.
    Note that the Hubby seems to contradict the Mrs. in the story when he says: "Not once before or even during construction was anything mentioned that we need to submit documents for this."

    So, according to Hubby, nobody mentioned the need to submit documents yet the wife says "they got permission". Has anyone EVER seen written HOA covenants that say "Architectural Requests can be made verbally and approval or denial with be made verbally as well."

    Seriously, how gullible do they think we are?

  9. #49
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    Quote Originally Posted by McKinneyTXHusker View Post
    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.
    Written approval required.

    http://images.bimedia.net/documents/...g_lake_hoa.pdf

  10. #50
    Quote Originally Posted by Huskerwirejay View Post
    Has anyone EVER seen written HOA covenants that say "Architectural Requests can be made verbally and approval or denial with be made verbally as well."

    Seriously, how gullible do they think we are?
    Quote Originally Posted by RedPhoenix View Post
    Ultimately, this is a victory for capitalism. To be against the HOA on this matter would be to support something other than capitalism.

  11. #51
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    Quote Originally Posted by Squatchsker View Post
    You signed the papers Bub, now live with it.
    Yet this sentiment doesn't seem to get much traction when the talk is about a number of different topics....

  12. #52
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    Quote Originally Posted by Huskerwirejay View Post
    Ultimately, this is a victory for capitalism. To be against the HOA on this matter would be to support something other than capitalism.
    Overly dramatic, don't you think HJW?

  13. #53
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    Quote Originally Posted by COsker View Post
    Yet this sentiment doesn't seem to get much traction when the talk is about a number of different topics....
    Such as?
    "We need education in the obvious more than investigation of the obscure."

    "If you find yourself on the side of the majority, it's time to pause and reflect."

    “A stupid man's report of what a clever man says can never be accurate, because he unconsciously translates what he hears into something he can understand.”

  14. #54
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    Quote Originally Posted by COsker View Post
    Yet this sentiment doesn't seem to get much traction when the talk is about a number of different topics....
    For example?

  15. #55
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    Quote Originally Posted by RedPhoenix View Post

    So Candi has successfully inflamed the public so that the Chairman wants to remain anonymous to protect his family because angry people are demanding their identities? Abd this Chairman honorably served in World War II and Korea?

    One possible interpretation is that he made the mistake of being too old, so he no longer has protected status, while acting properly in a civil dispute with people who have protected status and are spoiled enough to use it. Things like this would be less likely to happen, IMO, if more people taught themselves the habit of reserving judgment until all the facts are known, especially before considering an emotional appeal. (No, I'm not talking about anyone in this thread - it's a general observation.)
    "It just shows that we're changing the program," Petteway said. "Coach Miles and the guys we have on our staff and our players, we're changing the culture of Nebraska basketball, and this is just the beginning for us." - HuskerOnline.com 2-16-2014

  16. #56
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    Quote Originally Posted by COsker View Post
    Yet this sentiment doesn't seem to get much traction when the talk is about a number of different topics....
    Now, are you speaking in general or of me specifically? Because I will have you know that my hypocrisy has limits.
    Life Lesson: DO NOT LET THE MAN KEEP YOU DOWN! http://forum.huskermax.com/vbbs/show...er-King-Jr-Day
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  17. #57
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    Quote Originally Posted by Squatchsker View Post
    Now, are you speaking in general or of me specifically? Because I will have you know that my hypocrisy has limits.
    Generally speaking.

    Unless you yourself were victimized by those vicious predatory lenders that forced you to buy too much house ...

    Then you may have a birthright to a bailout...

  18. #58
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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?
    I was wondering the same thing?
    Sometimes I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.Bill Watterson, cartoonist, "Calvin and Hobbes"

  19. #59
    pray for me ;)
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    Quote Originally Posted by Red Dead Redemption View Post
    This BBS has too many rules.
    Sometimes I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.Bill Watterson, cartoonist, "Calvin and Hobbes"

  20. #60
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    Quote Originally Posted by COsker View Post
    Generally speaking.

    Unless you yourself were victimized by those vicious predatory lenders that forced you to buy too much house ...

    Then you may have a birthright to a bailout...
    My only birthrights are receding hairline and a hairy back.
    Life Lesson: DO NOT LET THE MAN KEEP YOU DOWN! http://forum.huskermax.com/vbbs/show...er-King-Jr-Day
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