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HOA files lawsuit against military family

Re: HOA files lawsuit against military family

Can't place signs in the yard. So put a banner up twice as big and attach it to your home now it's not in the yard anymore problem solved.

Come on people what's it coming to when you can't do as you please on your own property. OH yeah that's right you never will own that property even when it's paid for you still have property tax to pay or someone will claim it right out from under you.
 
Re: HOA files lawsuit against military family

HOA CC&R's are included in the recorded documents of the property with the Recorder's Office and agreed upon by the home purchaser at the time of property closing. The property owner knew the rules. They choose to violate them. Just because it is a military sign they do not get a free pass. What is next? A sign worshiping Allah by a muslim family in the same neighborhood?

Sometimes I wonder about people that get wrapped up because a cause has a military theme like it should warrant an exception. These exceptions (although easy for people like me to endorse) are contradictory to the values the military is defending.
 
Re: HOA files lawsuit against military family

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: shankster</div><div class="ubbcode-body">HOA CC&R's are included in the recorded documents of the property with the Recorder's Office and agreed upon by the home purchaser at the time of property closing. The property owner knew the rules. They choose to violate them. Just because it is a military sign they do not get a free pass. What is next? A sign worshiping Allah by a muslim family in the same neighborhood?

Sometimes I wonder about people that get wrapped up because a cause has a military theme like it should warrant an exception. These exceptions (although easy for people like me to endorse) are contradictory to the values the military is defending. </div></div>

Although I hate so say it... +1... They knew it when they purchased the property and weren't forced into the sale. If you choose to accept CC&R's then you can't bitch afterwards that you don't like the rules. And you can't make an exception just because they're military because if you make an exception for one then it has to be made for all, and that's not an opinion but law when dealing with recorded CC&R's.
 
Re: HOA files lawsuit against military family

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: KHOOKS</div><div class="ubbcode-body">Can't place signs in the yard. So put a banner up twice as big and attach it to your home now it's not in the yard anymore problem solved.

Come on people what's it coming to when you can't do as you please on your own property. OH yeah that's right you never will own that property even when it's paid for you still have property tax to pay or someone will claim it right out from under you. </div></div>

So you have no problem with your neighbor deciding to strip mine his property, using it as a toxic waste storage facility, or using it as a dump? Seriously?

You have a bundle of rights when you purchase a property, but so does your neighbor, and one of the most important is "The right to quiet enjoyment" and no that doesn't mean you can't make noise.
 
Re: HOA files lawsuit against military family

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: shankster</div><div class="ubbcode-body">HOA CC&R's are included in the recorded documents of the property with the Recorder's Office and agreed upon by the home purchaser at the time of property closing. The property owner knew the rules. They choose to violate them. Just because it is a military sign they do not get a free pass. What is next? A sign worshiping Allah by a muslim family in the same neighborhood?

Sometimes I wonder about people that get wrapped up because a cause has a military theme like it should warrant an exception. These exceptions (although easy for people like me to endorse) are contradictory to the values the military is defending. </div></div>

WELL SAID!

I live in a HOA and we had one incident and we started a vote to REMOVE teh HOA. The HOA backed down.

Now I am the vice prez of the HOA...

HOA's are the only place your vote matters in this country.
 
Re: HOA files lawsuit against military family

Im unsure why the HOA is being such dick bags about it. Thats on par with that one donkey fucker HOA that prohibited a american flag in their yard.
 
Re: HOA files lawsuit against military family

If I was the people being sued i would get a flag pole put up in the yard too, the hoa would sue over that too. Also if is was a neighbor i would get another sign supported the troops and put it in my front yard just to piss off the hoa more.
 
Re: HOA files lawsuit against military family

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Justin2360</div><div class="ubbcode-body">If I was the people being sued i would get a flag pole put up in the yard too, the hoa would sue over that too. Also if is was a neighbor i would get another sign supported the troops and put it in my front yard just to piss off the hoa more. </div></div>

You clearly have no understanding of HOAs. HOA fines, HOA lawsuit, legal judgement against you, lien on your house. That's when the fun begins for you.
 
Re: HOA files lawsuit against military family

So of course it must be the HOA's fault that they won't let someone break a rule that was part of the contract in purchasing the house to begin with.

Let me break it down for the less than rational people that don't seem to fathom why they won't allow it. If you let a member of the HOA openly violate one of the rules of the CC&R's(Community Covenants & Restrictions) then that rule is no longer enforceable throughout the entire community. So now some jackwagon down the way can put up whatever signs they want with no recourse. Let me give you another example in case it hasn't sunk in.

Guy buys a house with an HOA and CC&R's that prohibit parking non-working vehicles, boats, or trailers in front of the home or on the street. Then said buyer parks a nice Sea Ray in front of the Garage (it's a 28' so it wouldn't fit in the garage), but no one says anything because it's a nice boat and it's allowed to remain. Now John Doe Bastard down the way see's the boat and say's "Well sh!t, if he can park his boat then I can park my "project cars" out front." Of course these are some crap a$$ VW's that haven't run in 20 years and are missing fenders and such, but don't mind the fact that you need a tetnis shot just driving by them. Then John Smith Dickwad is seeing both the Sea Ray & the VW's and he's saying "If they can park their sh!t then I can park my 30' motor home on the street." and of course that same motor home is in fact a 1978 Winnebago and never goes anywhere, is covered in 20 year old moss, and don't mind the fact it now blocks 1/2 the street creating traffic jams since cars weren't supposed to be allowed to park on the street. Some kid gets hit when someone couldn't see around the Ole Winnie. Yeah it happens...

The end result, because the HOA allowed the Sea Ray they can't enforce the others. Now the neighborhood has numerous eye sores which lowers values. Now the VA buyers with 0 down loans are negative equity because they thought they were moving into a nice neighborhood that went downhill over a Sea Ray. Homes Foreclose, the guy sells his Sea Ray to make up for the lost equity in his house. But it's all OK because F@#k that HOA and their rules which the buyers knew about prior to moving in.

I sell Bank Owned Homes, and I can tell you about the dozens of HOA's that went defunct rather then enforce the rules, and now I get to come in a sell the end results.

It's Simple. If you don't like CC&R's then don't buy a house with an HOA. If your such an Idiot that you purchased a home knowing it had an HOA and knowing it had CC&R's but then want to turn around and scream foul play when they're enforced... then hopefully Natural Selection will catch up with you shortly...
 
Re: HOA files lawsuit against military family

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Justin2360</div><div class="ubbcode-body">If I was the people being sued i would get a flag pole put up in the yard too, the hoa would sue over that too. Also if is was a neighbor i would get another sign supported the troops and put it in my front yard just to piss off the hoa more.</div></div>

It has nothing to do with "Supporting Troops". It has to do with enforcing the rules. It didn't matter if it was supporting troops, supporting guns, or supporting the Pope. I suppose you think Military personnel should get leniency in all rules and laws simply because of service as well? People should serve because they're proud to do so for their Country, not because of whatever false entitlement they believe comes with it.

They sued over having a sign removed. The content was irrelevant in the suit, but the media quickly spun it to gain attention not because they wanted to keep you informed or support troops, but because they wanted you to read their article so they can sell advertisement and make money. Maybe all you people drinking the koolaid should be pissed more at the media for preying on your sentiments for financial gain...
 
Re: HOA files lawsuit against military family

I agree with you Shank I live in a neighborhood that has rules about pet and how the property is keep. IE... no more than 3 pets per resident no automobiles that don't run or have a current tag, no building materials out in open sight. I do understand the rules and that we must follow them.

I know you guys are right about this. It just erks me a little.
 
Re: HOA files lawsuit against military family

Broker,

Were your comments an informed legal opinion or a personal opinion?

The family reports that there were and are signs on neighbor's properties that have not been questioned by the HOA.
 
Re: HOA files lawsuit against military family

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Quarter Horse</div><div class="ubbcode-body">Broker,

Were your comments an informed legal opinion or a personal opinion?

The family reports that there were and are signs on neighbor's properties that have not been questioned by the HOA. </div></div>

I'm a Real Estate Broker and that was my legal opinion. If they can prove in any way that the neighbors have in fact had signs that were allowed to remain without question or complaint from the HOA for an extended period of time, then the Family has every legal right to put up a sign and challenge that particular Covenant as no longer enforceable. The only problem there is proving it in court they could end up spending $$$$ proving they're right. If the HOA though did in fact send notice to said neighbors with said signs then the Home Owner would have no leg to stand on as the Covenant was being actively enforced. Hopefully they got photos of the neighbors signs and those neighbors are willing to go to court and testify as to the non-enforcement, but I'm sure you can understand how people these days take a "I don't want to get involved and risk my own a$$" stance...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Quarter Horse</div><div class="ubbcode-body">
The family reports that there were and are signs on neighbor's properties that have not been questioned by the HOA.</div></div>

Not to be an a$$... But just because they say it, doesn't mean it's so. There is also a difference between a sign being erected temporarily ergo "Welcome Home", "Congratulations", etc and a sign that's been up for 6 months. We only have 1/2 the details.

Here's my question to ponder. If in fact the majority of the neighborhood has no issue, then the family could easily bring it to a vote with the HOA and get an exception, so why didn't they?

I still think it was an excuse for the media and some Attorneys to get some free publicity and throw out statements like "We really feel our first amendment rights have been infringed upon. We feel as though we have a freedom of expression, which is exactly what our son enlisted in the military and is gladly fighting for today," in order to stir up hype and gain readers. Someone needs to tell ABC they should at least use spell check since they spelled signs "sugns"... lol


 
Re: HOA files lawsuit against military family

I completely agree with Shank and Broker. The family in question knew exactly what they were agreeing to upon signing the HOA's CC&R.

The article was more about the family being singled out for some reason. It's alot like Brokers analogy with the boat and busted ass cars. Either it is enforced entirely or not at all. It's my understanding the Burrs argument is that the HOA has been selective with their ruling on this.

Is it because their sign is more like a 4"x6" banner in the front yard? Probably.

While I agree with Shank, Broke and the rest that the Burrs knowingly violated their CC&R. I'm with Khooks, things like this just rub me the wrong way.
 
Re: HOA files lawsuit against military family

I'm not sure why the lawsuit is needed. An HOA can just start fining them, and when it get high enough put a lien on.

Frankly I hate HOA but when you buy into one you can't just ignore it.
 
Re: HOA files lawsuit against military family

Fuck each and every HOMOwners ASSociation. Especailly this one.
They used to have a use long ago when som eneighborhoods were having issues with little johnny working on his ridde in the driveway, but they are now nothing more than whiney little bitches with nothing more to do than bully good folks.
PISS ON 'EM!
 
Re: HOA files lawsuit against military family

HOA's are a bunch of people on a power trip and know it all's.We fought this before with the man in VA and they backed down because so many of us called and left messages for them. Somebody get some names and phone numbers and email and we can do it again. MM
 
Re: HOA files lawsuit against military family

HOAs = Evil

That's why I never want to buy a home that has any smell of HOA anywhere around it. I have way better things to do with my evenings & don't want to have to waste them digging 6ft deep holes in the desert.
 
Re: HOA files lawsuit against military family

HOA's can indeed be a pain at times, but it doesn't appear that they are singling anyone out here... Like it's been said already, I empathize with the family and am grateful for their sons service, but they knew the rules and were given a warning to remove before anything else was to happen. Why not put a sign in the window instead? The HOA isn't going to lose this fight with a signed agreement from the family when they purchased their home.

We live in an HOA, and yes, at times I want to throttle people on our board. But the alternative would be to have the guy across the street who apparently lives elsewhere 3 weeks out of the month let his grass grow to 3 feet, or the neighbors with Bayliners and Winnebagos park them there for months on end, or let some dipshit paint his house pink, or let the 17 year old with the Oldsmobuick project stay on the lawn until he gets out of high school...

The short version, my HOA protects my investment, as shitty as it is at the moment and prevents people from being lazy and turning it into the projects. If you don't like what is going on in your HOA, join the board or stop complaining. Vote out the morons with nothing better to do in their lives and get some people in with some common sense and an HOA can be a good thing to have.
 
Re: HOA files lawsuit against military family

It's great to know what some people definitely don't want when buying a home, but those wants are not that of everyone else and some people want HOA's and CC&R's so they know their homes won't be plagued with neighbors who's homes look like meth labs or junk yards and have Hill Billies getting drunk on the porch howling at every woman that jogs by...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Switchblade</div><div class="ubbcode-body">Fuck each and every HOMOwners ASSociation. Especailly this one.
They used to have a use long ago when som eneighborhoods were having issues with little johnny working on his ridde in the driveway, but they are now nothing more than whiney little bitches with nothing more to do than bully good folks.
PISS ON 'EM! </div></div>

Wow... lol... An HOA's existence is merely to bully poor innocent people that ignorantly bought a home with an HOA? One little problem with your brilliant and misspelled theory... A Home Owner's Assc. is made of of the OWNERS, so they exist to bully themselves? Lol...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: mexican match</div><div class="ubbcode-body">HOA's are a bunch of people on a power trip and know it all's.We fought this before with the man in VA and they backed down because so many of us called and left messages for them. Somebody get some names and phone numbers and email and we can do it again. MM </div></div>

And another brilliant brainchild idea... Harass the sh!t out of them until they cave or just decide to say f34k it and put a lien on the people and be done with it. And have you ever attended an HOA meeting, talked to HOA reps, or so much as even read what's in typical CC&R's?
 
Re: HOA files lawsuit against military family

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Broker</div><div class="ubbcode-body">It's great to know what some people definitely don't want when buying a home, but those wants are not that of everyone else and some people want HOA's and CC&R's so they know their homes won't be plagued with neighbors who's homes look like meth labs or junk yards and have Hill Billies getting drunk on the porch howling at every woman that jogs by...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Switchblade</div><div class="ubbcode-body">Fuck each and every HOMOwners ASSociation. Especailly this one.
They used to have a use long ago when som eneighborhoods were having issues with little johnny working on his ridde in the driveway, but they are now nothing more than whiney little bitches with nothing more to do than bully good folks.
PISS ON 'EM! </div></div>

Wow... lol... An HOA's existence is merely to bully poor innocent people that ignorantly bought a home with an HOA? One little problem with your brilliant and misspelled theory... A Home Owner's Assc. is made of of the OWNERS, so they exist to bully themselves? Lol...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: mexican match</div><div class="ubbcode-body">HOA's are a bunch of people on a power trip and know it all's.We fought this before with the man in VA and they backed down because so many of us called and left messages for them. Somebody get some names and phone numbers and email and we can do it again. MM </div></div>

And another brilliant brainchild idea... Harass the sh!t out of them until they cave or just decide to say f34k it and put a lien on the people and be done with it. And have you ever attended an HOA meeting, talked to HOA reps, or so much as even read what's in typical CC&R's?


</div></div>

+100. I got dumber just reading those posts.
 
Re: HOA files lawsuit against military family

If I erected a Westboro Church sign that said something along the lines of "God Hates Fags" or "Your Sons Are in Hell" in protest of your USMC sign (maybe your son is even a gay marine?), I'd bet the first response would be "Well, you signed the contract, idiot!" when I complained about the HOA forcing me to take them down.

There are people who dislike HOAs and there are people who prefer them (and for good reason). As a buyer, it's you who has to agree and sign said contract.

Remind me to shed a tear for those people who expect special entitlements. Hmmm... I'd be a rich man if I had invested in the Klenex corporation. fuggin cry babies.
frown.gif
 
Re: HOA files lawsuit against military family

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: shankster</div><div class="ubbcode-body">HOA CC&R's are included in the recorded documents of the property with the Recorder's Office and agreed upon by the home purchaser at the time of property closing. The property owner knew the rules. They choose to violate them. Just because it is a military sign they do not get a free pass. What is next? A sign worshiping Allah by a muslim family in the same neighborhood?

Sometimes I wonder about people that get wrapped up because a cause has a military theme like it should warrant an exception. These exceptions (although easy for people like me to endorse) are contradictory to the values the military is defending. </div></div>

Shankster is absolutely correct about this. Once you since into a HOA, you have to abide by their rules. This includes limiting your amendment rights (based upon the HOA's requirements for entry). The owners should have thought about that before they signed into the community.

However, it's another thing entirely if other people are putting up signs and the HOA isn't doing anything about those people's signs.
 
Re: HOA files lawsuit against military family

It is sad how citizens of our great nation take stands against everything this country was built on... I sure hope the Burr family wins and files a counter suit.
 
Re: HOA files lawsuit against military family

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: thewileyone</div><div class="ubbcode-body">It is sad how citizens of our great nation take stands against everything this country was built on... I sure hope the Burr family wins and files a counter suit. </div></div>

So you're implying this Country was built on non-law abiding principles? I forgot the US was built by those before us looking for a lawless land where rules were meant to be broken. Seriously?
 
Re: HOA files lawsuit against military family

As I said, I am the VP of our HOA now because hey, if you don't get involved with it, don't buy there or don't complain!

That said, our HOA has kept our property values higher than hte average on the county because we keep our places nice....and it makes for a nice neighborhood.

We have one Herman Munster house on the block but it's a bank repo so we can't do much about it except mow the yard..