Civil Lawsuit Regarding M109A3

[1 Patriot-of-many]

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 .

How does the developer retain rights to a property he sold? Are you saying property is like Microsoft software?

 

[Jas0n]

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 .

I don't see why a bobber would make a difference... You could have two of them the exact same length, one with the 3rd axle, one without... If anything they should classify it based on gross weight, which as we've already established for a 2-1/2 ton you don't need a CDL for... heck you don't even need a Class-B or Class-A license...

 

[zout]

The Deed Restrictions are just a shorthand way of saying "Deed Conditions, Covenants, and Restrictions," and are tied to the title and apply to restrictions regarding the piece of real-property and what you can and can't do on it.

The "Association" is simply the aggregate of all the Deed Owners within the defined area that the Deed restrictions apply to and the "Board" is the group that generally handles the day-to-day activities of the "Association," including enforcing the "Deed Restrictions" (or otherwise known as CC&Rs). However, "technically," since all owners in that area are members of the association, all owners individually can "enforce" deed restrictions, but it's not a very efficient or effective method for doing so. It's best to the board do that so that it is centralized and, theoretically, consistent and non-selective enforcement.

The Restrictions, Covenants, and Conditions remain intact to the property regardless of who owns the title. They are "covenants" with the title owner that he/she will abide by the "conditions" and "restrictions" that "run with the land" (deed).

So lays my understanding of HOA's which are idotic to want to live in an area of such - be a part of one.

My vote is to also regulate on SS any more of these HOA threads as well.
Last one I followed outside of SS was in FL and not Maryland. It cost that home owner well over $200,000 and when all said and done the HOA over $300,000 in legal costs.

Take months off to fight you cause - who here will help $$$$$ fund you ?
Take months off from your business to fight it if you own your own business - take months off from a job where you work for someone to fight it - hope you have a job somewhere done road lines up. I do not think a court case is tax deductable.

 

[quickfarms]

A key point here that seems to have been missed is that the CC&R's do not define what a truck is.

One definition of a truck is the MD DMV, check the current definition and the definition at the time the original CC&R's were recorded. If the definition is based on commercial use then you have a leg to stand on but if the definition is based on size and weight you will have an uphill battle.

 

[zout]

I could not agree with you more Quick.

But - If I knew I for one was looking to move into a controlled beyond a reasonable doubt PIA HOA area it would not be to my amazement later someone did not like something - that is what they are all about to begin with - folks controlling folks and telling other folks what they can an cannot have.

IF everyone abided by the rules - someone would find a reason to bitch about something.

They want a look alike living area - everyone looks alike.
They want nothing and I mean absoluetly nothing that can deter from their property values or start to degrade them.

So no matter what - if you look at any area controlled by an HOA - and you pull a 109 into it well knowing you have an HOA - you cannot be that nieve thinking your going to get away with it.

1. Should have a poll here how many folks live in a controlled HOA
2. How many folks LOVE living in an HOA
3. How many folks living in an HOA understand what a Truck is
4. How many folks live in an HOA wish they could sell it to their friend

 

[Tanner]

Folks - you miss the point to the HOA determination of what constitutes a 'truck' - the rules/regulations within the HOA agreement are written vague SPECIFICALLY so that the HOA head membership can determine what stays & what goes. Most ALL regulations like this are vaguely written by sleazy $50.00 lawyers for the express reason of being a 'catch-all' document. And the M109A3 surpasses the 10k pound GVWR set as a max for 1/2 & 3/4-ton pickups.

Good Luck in your Fight. I believe in the right to fight the issue, but is it worth the time & money in the OP's case? You MAY win the battle, but everything you do after this will be on the radar screen of the HOA.

'Tanner'

 

[Jas0n]

Folks - you miss the point to the HOA determination of what constitutes a 'truck' - the rules/regulations within the HOA agreement are written vague SPECIFICALLY so that the HOA head membership can determine what stays & what goes. Most ALL regulations like this are vaguely written by sleazy $50.00 lawyers for the express reason of being a 'catch-all' document. And the M109A3 surpasses the 10k pound GVWR set as a max for 1/2 & 3/4-ton pickups.

Problem is, in contracts where they are too vague, that actually doesn't benefit the HOA, it benefits the homeowner... There is a fine line when you are trying to be broad, but when you are "too broad" it becomes unenforceable.

We will just have to sit back and see how this goes. Best of luck to the Home Owner!

 

[stutzcattle]

Good luck to the OP.

 

[olly hondro]

Too much legal-ese and lawyering going on here. Take a photo of the vehicle, show it to 100 random people on the street , ask "What is this?" 95 will say "Its a truck" and 5 will say "I don't know" The legal system is not necessary to invoke the obvious. I'm a 109 owner and I feel for ya, but I park it elsewhere.

 

[Rodger]

Good luck Tom.
Makes me glad I moved out West.

Rodger
1967 M109A4 monsterhome
1971 Steyr Puch Haflinger

 

[Chief_919]

Folks - you miss the point to the HOA determination of what constitutes a 'truck' - the rules/regulations within the HOA agreement are written vague SPECIFICALLY so that the HOA head membership can determine what stays & what goes. Most ALL regulations like this are vaguely written by sleazy $50.00 lawyers for the express reason of being a 'catch-all' document. And the M109A3 surpasses the 10k pound GVWR set as a max for 1/2 & 3/4-ton pickups.

Good Luck in your Fight. I believe in the right to fight the issue, but is it worth the time & money in the OP's case? You MAY win the battle, but everything you do after this will be on the radar screen of the HOA.

'Tanner'

I see where he is going, but I don't expect it to fly.

Once the judge sees a picture of the vehicle, he will probably say it is clearly a truck.

Now if the HOA does not ban RV's, his best bet may to install a cheap chemical toilet, a cot, and a sink of sorts to meet the minimum classification as an RV and retitle it as an RV.

 

[CycleJay]

Hi guys,

I personally still see it, as they are trying to take the homeowners rights away.
He bought and paid for his home, and he should have the right to park whatever
he wants in his driveway.

I personally would never want to move into one of those communistic HOA camps,
referred to as a subdivision. I prefer freedom, instead of control from a wannabe
mini-government.

If I was this homeowner, I would move or keep fighting until I won.
No other outcome would be acceptable to me.

I wish him the best of luck with a glorious victory in his favor.

Just my $0.02 cents...

 

[MarcusOReallyus]

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!

Cool!

 

[saddamsnightmare]

October 24th, 2012.

I may be too late, but you can also add Excursions and Suburbabns of all types to be removed from the property, and Blazers and Broncos too, as they are all built on "Truck" chassis... This should make a lot of your neighbors involved on your side if their oxes are getting gored too.... BUT I would consider getting the hades out, as you do not seem to live in a very sane neighborhood....

N.B. The concept of Maryland as an "Occupied" State during the Civil War is an insult to the Founding Fathers, as nowhere in the Constitution does it allow for the dissolution of the Nation, even James Madison who wrote the doucment said as much before his death. The United States Government, then, as now, has the right to preserve the Union against Revolutions and Insurrections...
At least my state, West Virginia, repeatedly proved her loyalty from 1861 on... It's my two cents worth. For the antigovernment ranters on here, you need to turn in your US Taxpayer paid for vehicles, as you did not reimburse the government for the prices of purchase or maintenance...Rants like that will get them reduced for scrap likely sooner then later....IMHO

 

[Speedwoble]

Hi guys,

I personally still see it, as they are trying to take the homeowners rights away.
He bought and paid for his home, and he should have the right to park whatever
he wants in his driveway.

I personally would never want to move into one of those communistic HOA camps,
referred to as a subdivision. I prefer freedom, instead of control from a wannabe
mini-government.

If I was this homeowner, I would move or keep fighting until I won.
No other outcome would be acceptable to me.

I wish him the best of luck with a glorious victory in his favor.

Just my $0.02 cents...

They are not trying to take his rights away, he signed them away when he agreed to the HOA when he purchased the house.
I am fine with him fighting on the definition of "truck". That can and should be defined. However, after signing a document stating he would not park a "truck" on the property, any attempt to say "you can't infringe on my rights to have a truck" is breach of contract.

 

[Tinwoodsman]

What if that "truck" was a big yellow school bus parked next door? When you drill down into these HOA documents the remedy usually calls for a 2/3 vote of the lot owners (not homeowners) to clarify or make changes. That is the tough part unless you feel 2/3 of the lot owners in your community want to see a large truck parked next door. I used to live in a HOA and the truck definition included a stipulation that the vehicle has to be capable of being parked in the garage. Go figure.

 

[FireFighterHill]

From what ive read about HOA's this "truck" banning may have happened after he moved in. HOA's can and do change the rules as they go along. And some are very secretive about the changes they make. Living a HOA is supposed to be democratic type governing system, but more often then not it turns into a dictatorship where as those who have the power (aka the board), make the rules and don't care what the majority of the home owners actually want because they think they know whats best for everyone.

The advice I can give is to always pay them there dues and fines, even if you believe it is unfair. Because even if you win in court they can still foreclose on your home because of over due fees. And it has happened.

And if you don't like the rule, get it changed, but until its changed follow the existing rules.

 

[o1951]

If you want to go to the trouble, you will find most HOA's do not fully abide by their bylaws. Things like required number of meetings per year, # of members present to vote or hold a meeting, timely recording and posting of meeting minutes, notices to homeowners.

A good lawyer with HOA experience can often get HOA declared invalid because it is not following it's bylaws. Once they know he is snooping, he has to act fast, before someone retroactively "fills in the blanks".

There is a good chance you can win the battle by either finding errors with their proceedures, or, as previously stated, questioning the definition of a truck - pickup, Chevy Taho, Suburban, Caddy Escalade, Ford Expedition, older Explorers, Chrysler ram series....
Attack on how they are registered if that supports you, or type of frame and suspension components used.

The problem with winning is that most of the HOA's I have been around are controlled by a few powerful people, who once defeated, will take it personally as a threat to their domination and authority and look for revenge.

For evermore, they will look at you and yours with a fine tooth comb, and fine every reason possible - real and manufactured to put you in the fire. Battle after battle, legal fees....

I know of an instance where the homeowner claims he paid dues, but HOA said never received, and started foreclosure. Now, to protect himself, he has to get receipts from the office for every payment.

This means that if you intend to stay, you may have to protect yourself by running for board or some other position of authority. I don't know about you, but I have better things to do with my life than deciding what colors are acceptable, how high you are allowed to let yur grass grow, and how many pansies you can plant along your sidewalk.

 

[Xed]

Under Federal DOT standards, SUV's count as "Trucks" as well, did your HOA policy specifically state "Truck" or "Light truck". I suggest digging up an old copy(preferably the original one you signed) so the HOA doesn't catch wind and try to change the wording or amend the clause.

A county i used to live in also defined a "truck" as "any vehicle with more than one set of motivated wheels"

We gave the HOA an ultimatum when we dug up some obscure rulings dictating that "Hybrid" cars were 4 wheel driven because they had 2 separate hookups for "motive power"(complete and utter bunk but the judge over the case allowed it).

Since the HOA head drove a prius and a hybrid civic....The butthurt was well worth the price tag(and i got to keep the dodge on my property )

 

[stumps]

If you want to go to the trouble, you will find most HOA's do not fully abide by their bylaws. Things like required number of meetings per year, # of members present to vote or hold a meeting, timely recording and posting of meeting minutes, notices to homeowners.

A good lawyer with HOA experience can often get HOA declared invalid because it is not following it's bylaws. Once they know he is snooping, he has to act fast, before someone retroactively "fills in the blanks".

There is a good chance you can win the battle by either finding errors with their proceedures, or, as previously stated, questioning the definition of a truck - pickup, Chevy Taho, Suburban, Caddy Escalade, Ford Expedition, older Explorers, Chrysler ram series....
Attack on how they are registered if that supports you, or type of frame and suspension components used.

The problem with winning is that most of the HOA's I have been around are controlled by a few powerful people, who once defeated, will take it personally as a threat to their domination and authority and look for revenge.

The second part of your legal game is what called a SLAP lawsuit. You sue everyone on the HOA's board for $1M for defamation of character, harassment, interfering with your peaceful enjoyment of your property, and every other reason your lawyer can think of. The board generally will fold pretty quickly when they come to realize that they could end up giving their houses to you.

-Chuck