Civil Lawsuit Regarding M109A3

[stumps]

Your truck is one issue, but better luck is often found by doing a thorough check of the HOA's charter, articles of incorporation, taxes, voting rules, etc..

Many HOA's accidentally let their corporation dues lapse, and operate without legal authority.

Most HOA's can't get a majority vote on anything once the houses start getting sold, and new owners (with lives) start filtering into the neighborhood, and old owners die off, retire or just leave. It becomes impossible for the HOA to even figure out who owns the various houses... and often they get loose with the rules and violate their charters and articles of incorporation. An example of how this happens is the state's rules on incorporation, and things that must be in a corporation's charter, change over time as laws change. The HOA has to vote these changes into its charter, or disband. If they can't get sufficient votes to meet their rules out of the members of the HOA, the HOA must disband. Funding changes are another way HOA's can violate their own charters.

Good lawyers can eat HOA's for lunch.

-Chuck

 

[Whitey]

Taurus, I fell your pain being a fellow resident of the Peoples Republic of Maryland. I can only wish you the best with your fight, I see how these HOA fights can spiral a big issue out of seemingly nothing. Fight for what you believe in..............always.

-Whitey

 

[quickfarms]

My cousin had an issue with a HOA that claimed their power based on a deed restriction but when we looked into it they could not prove it and quickly backed down.

 

[Jas0n]

Finally, I am not denying it is a shop van truck and readily admit it in the lawsuit. I do deny as the Association claims that it is an "Army truck" as it has no affiliation with the Army and is owned privately. I also mention that it is a Class C vehicle and can be operated with a Class C license which is what everyone else needs to operate a car or non-commercial truck. Quite frankly, I point out that there are pick-up trucks which have a similar load capacity that are used and parked in a residential zoned neighborhood. I also point out that there are cars with similar camouflage paint jobs operated and owned in the Association.

If the wording only says "Truck", then yes that is too vague to enforce. Either ALL vehicles that are are classified as a truck go, or your "truck" stays. In situations like this, vagueness generally favors the person that did NOT draft the contract. If they decide to try and change the wording then it will have to go to a vote with the board, then all members (i.e. the subdivision) will have to vote on it... and even then you would probably be grandfathered in.

Also, most HOA's won't appeal... They do have a somewhat fixed budget and eating it on all legal fees would most definitely get them in hot water when it comes time to pay the bills for everything else they are supposed to be taking care of. They probably figured they would send you a legal notice and that would be the end. When you collect your legal fees from them when you win, it's really going to cause them some heartache...

As you said, your vehicle can be operated with a regular Class C license... It's used for non-commercial purposes. It doesn't have any commercial labeling on it. Thus it is NOT a commercial TRUCK (like a commercial 18-wheeler)... Tires and everything else on your truck could theoretically be fitted on say like a regular 1-ton truck...

So.... what's your HOA's stance on tanks? I mean... it's most definitely not a truck... lol...

 

[doghead]

Do they define, "parked, driveway, and property"?

 

[Flyingvan911]

Your lawyer will win for sure. You have an uphill fight. Good luck.

 

[FireFighterHill]

Do the other home owners in your community know that they are persecuting you? Might wanna get the word out to your entire community that they're ability to park a "truck" in there own driveway is in jeopardy. A door to door campaign with copies of everything to pass out may be the best way to do it. Get enough of your neighbors on your side and they may back off.

 

[Tinwoodsman]

I all probability it was a "other homeowner" who complained. Good luck.

 

[Jas0n]

I all probability it was a "other homeowner" who complained. Good luck.

In a subdivision adjacent to us. There was a HUGE media story about someone that had a potbelly pig as a "pet"... The HOA of course took them to court to get rid of the pig. Funny thing is, none of the neighbors had a problem, and they even had a subdivision wide survey and an overwhelming majority didn't have a problem. It was just the dumb HOA board that didn't like it and decided to go to court. Problem is... THE HOMEOWNER WON! Not only did they win, but the Judge also went on a rant about how HOA's need to stop micro-managing the homeowners and to let them enjoy the use of their property!

 

[FireFighterHill]

Stories like this only further convince me to NEVER EVER EVER buy a house with a HOA no matter how nice or how cheap it may be.

 

[Scarecrow1]

You are in for a fight that you may not wish to win . I am not being funny just honest when we move into a nice neighborhood it's because it is nice and well taken care of. It is the largest investment most of us have and we want it to stay that way . If you look at it in this way the the same rules that won't let you have your truck also prohibits many other thing that may drop your property values. like the guy that won't cut his grass or has a broken down used car lot in his yard and all his drunk buddies over trying to fix them at two in the morning . I live in a controlled neighborhood with my fiancee but I have an apartment on the other side of town and it doesn't matter what I drive there so I have it both ways. If the truck means that much to you just store it some where else . You did sign the papers and you should be a man of your word . If you win what door will you open to everyone else to bend or break the rules ? But that's just my opinion for what it's worth

 

[washingtonmountains]

GOOD LUCK IN YOUR FIGHT !!!

 

[MarcusOReallyus]

Yes, the HOA was there when I moved in

You agreed to the rules. A man keeps his word, even when it pinches.

 

[F18hornetM]

The rule was probably written so people wouldnt park 18 wheelers, or other large trucks in the developement. But like all rules and laws, they take away a little right at first, then later takes away more.
I also understand some of the rules. The homes there are pretty close to each other. If you had someone not cut their grass next to you it would look bad.

I wish you luck, and if their hanging their hat on it being a "truck" then all pickups will have to go to. We know that wont happen as everyone has a pickup today.

 

[Pinz25086]

Well, I am going to chime in. I feel that while I want my neighbor to maintain their home to a standard that is accpetable to my liking, the property was bought and paid for by them. They did the work to earn the money to pay for it, not me. My standards may or may not be the same as theirs. But untimately their property belongs to them and they can do with it as they see fit just as I can do with mine. I respect them as individuals and respect the efforts that they put forth to live where they would like to. I am a good neighbor and in allowing them to use their property as they see fit, and in doing so, I feel that I am protecting my rights to do the same. No HOA for me as I am sure that eventually my green iron addiction will cause me to have issues. At the end of the day I wish you well in your fight. I simply chose not to allow myself to be put into the situation when I purchased my home. I purposely looked for an agriculture zoned piece of land.

My neighbor who is a retired Navy man goes up to work on his old ship that is on display up north. He takes 2 weeks each year to "keep the old girl looking good" with other old ship mates. He came by and asked me what I was doing with all of the old Army trucks and that his wife did not like them parked where others could see them. I explained that these were my "old girls" and that it really was no different than his feelings towards his ship. He thought about it for a moment and then he smiled. He has never asked about them again!

Over the years most of the neighbors have needed something hauled, something towed, or some other use for the truck. I am always happy to help them out and that has gotten me quite a bit of good will. Now the trucks have become a landmark when giving directions.

 

[USAFSS-ColdWarrior]

Subscribed opcorn:

 

[markmontana]

Did you agree to the HOA protective covenants when you bought the property?

If yes, then start looking for another place. Freedom means you can move out of a "less than optimal" situation.

If no, then you may have some fun arguing your case. Even though your fun will cost you more than your truck!

I own a home in HOA, and have many trucks. None are kept at the HOA location.

 

[porkysplace]

There is alot of disscission of property owners rights being taken away by the HOA , this really isn't true . The original developer exercised his property owners rights when he devoloped the property and created the HOA . At the time he did this some of the neighbors probably felt there rights were being taken away by the devolopment , because they moved there for the rural setting . They had the option to buy it and preserve it , if they felt that strongly about it , but didn't .

So now the developer invests a great amount of time and money developing the subdivision , and to in his eyes protect his investment he creates the HOA . In doing this he is exercising his property owner rights . Now it is time to sell the lots/houses and there are deed restrictions related to the HOA rules . The HOA is not taking anyones rights away , when you buy in a HOA you voluntarily give them up when you sign the contract . For this reason I would never buy in a HOA.

Good luck to the OP . But most likely the HOA will win and the court will define what is considered a truck . You might have a better chance with a bobber , but I think the 3rd axel will be a downfall in trying to classify with 1 ton pick-ups .

 

[olly hondro]

I had the same issue with M109A3 and HOA : First they didn't like the truck, then they didn't like the garage add-on cause the color didn't match the house, then they didn't like my helicopter.....I don't know....they said my property that I bought and paid for (I have rights you know) made the neighborhood look junky and low class. Daaaaang.

 

[F18hornetM]