capitolpunishment Posted May 4, 2005 Share Posted May 4, 2005 Ok! I moved into my new house about 3+ years ago. I receive a letter from my homeowners this year around January regarding an illegal palm tree. I was to have it removed or ask for a hearing. I disregarded the letter three times until they sent a certified letter. According to the homeowners association they do not allow palm trees in the front yard, Unless it's a Sago Palm. First of all a Sago Palm is not even a palm tree, it's part of the pine cone family. Also, many other homes have other palms in there yard other than Sago palms. So I ask them about the other homes and they say they have impemented a new rule that if your home is less than 4 years old you are not grandfathered in to keep your palms. So then I find out 7 houses down have the same palm tree in there yard as me(Pigmy Date Palm)!! This is a small very slow growing palm that does not get even as big as the Sago Palm they allow. Anyway, the builder put the two palms in at the house down the street so they get to keep them. To me they seem to be making up these rules as they go. I have a 5 minute presentation next Wednesday the 11th and need any help. Thanks, CP Link to comment Share on other sites More sharing options...
Johnny Punani2 Posted May 4, 2005 Share Posted May 4, 2005 just move. If everyone rejects moving into areas with homeowners assoc they will die a quick death. Link to comment Share on other sites More sharing options...
RonJeremy Posted May 4, 2005 Share Posted May 4, 2005 What is the deal with psychotic HOA's lately? :doh: Link to comment Share on other sites More sharing options...
Art Posted May 4, 2005 Share Posted May 4, 2005 Read your association rules. See what ramifications there are for disobedience. I never signed my association rules, and thereby no measures taken against me are able to be enforced. Link to comment Share on other sites More sharing options...
jbooma Posted May 4, 2005 Share Posted May 4, 2005 Originally posted by Art Read your association rules. See what ramifications there are for disobedience. I never signed my association rules, and thereby no measures taken against me are able to be enforced. Art that isn't 100% correct. As long as you pay them I believe the rules stand. I have heard before that buying a home in an HOA that shows that you do agree with the rules, need a laywer to verify. Link to comment Share on other sites More sharing options...
DjTj Posted May 4, 2005 Share Posted May 4, 2005 Originally posted by jbooma Art that isn't 100% correct. As long as you pay them I believe the rules stand. I have heard before that buying a home in an HOA that shows that you do agree with the rules, need a laywer to verify. There's probably a restrictive covenant attached to your deed that makes you a member in your HOA. It's not usually something you can waive out of by not signing. The previous owner probably could not legally sell you the house without forcing you to join the HOA. Link to comment Share on other sites More sharing options...
TK Posted May 4, 2005 Share Posted May 4, 2005 Originally posted by jbooma Art that isn't 100% correct. As long as you pay them I believe the rules stand. I have heard before that buying a home in an HOA that shows that you do agree with the rules, need a laywer to verify. Art's made mention on here several times that his wife IS a laywer. Just go here. Link to comment Share on other sites More sharing options...
RonJeremy Posted May 4, 2005 Share Posted May 4, 2005 Originally posted by jbooma Art that isn't 100% correct. As long as you pay them I believe the rules stand. I have heard before that buying a home in an HOA that shows that you do agree with the rules, need a laywer to verify. A lawyer responded in a different thread Note, the Rules and Regs are so powerful because they are expressly included in the chain of title. When you buy the home, you buy the bundle of rights to title expressly limiting your ownership to compliance with the recorded rules and regs. Thus, exactly what is in the chain of title documents is what is critical ... ad hoc rules made by the association afterwards may be of less weight depending on the facts. I don't think whether you sign them or not matters. They are part of the deed to the property. If you signed the deed you agreed to the covenants... Link to comment Share on other sites More sharing options...
codeorama Posted May 4, 2005 Share Posted May 4, 2005 Chain yourself to the palm tree and get lots of media attention... Link to comment Share on other sites More sharing options...
manichispanic Posted May 4, 2005 Share Posted May 4, 2005 Claim you see the Virgin Mary in it Link to comment Share on other sites More sharing options...
jbooma Posted May 4, 2005 Share Posted May 4, 2005 Originally posted by manichispanic Claim you see the Virgin Mary in it :laugh: :laugh: Link to comment Share on other sites More sharing options...
Sarge Posted May 4, 2005 Share Posted May 4, 2005 Fly a Nazi flag in front of your house for a few days. There'll be such an uproar over that that when you take it down, the palm tree will look great! Link to comment Share on other sites More sharing options...
stevenaa Posted May 4, 2005 Share Posted May 4, 2005 "Fly a Nazi flag in front of your house for a few days" Heck, fly it from the Palm Tree. If you're gonna have to get rid of it, you might as well get as much mileage from it as you can. Link to comment Share on other sites More sharing options...
portisizzle Posted May 5, 2005 Share Posted May 5, 2005 Originally posted by RonJeremy What is the deal with psychotic HOA's lately? :doh: When do you want me to give you the boxing gloves back?? Link to comment Share on other sites More sharing options...
Guest Gichin13 Posted May 5, 2005 Share Posted May 5, 2005 Originally posted by RonJeremy A lawyer responded in a different thread I don't think whether you sign them or not matters. They are part of the deed to the property. If you signed the deed you agreed to the covenants... That was me ... I also notice Art lists "frozen tundra" as his home location. There may be additional state law requirements regarding disclosures that run state by state. Virginia would likely stick you bound to the chain of title even if you did not sign them, not sure what the frozen tundra would do for sure Link to comment Share on other sites More sharing options...
Mr. S Posted May 5, 2005 Share Posted May 5, 2005 make up some religion, claim you are part of it, and they say that the Palm Tree is necessary for it. Another story with our HOA is our neighbor made a clearing on 'common property' behind his house in the forest. This was back in the early 90's and we really dont care cause its not our property and looks nice there anyways. However, the HOA didnt say anything to them, but were complaining about a few feet of dirt we accidentally put on more dirt. Link to comment Share on other sites More sharing options...
Art Posted May 5, 2005 Share Posted May 5, 2005 In any contract you enter, your signature is required to make portions binding. You can refuse any portion you wish. If it is not noticed -- say, you ask questions about something else, pretending you are signing -- and you get through without anyone seeing you haven't accepted the terms of the rules of the association, then, you're clear. Now, that said, I do not believe I live in an area that has a typical homeowners association as some of you are talking about. There are rules governming my neighborhood in terms of how much stone each house must have, whether there can be a fence, that kind of thing. And, I know a guy next to me with a business truck was forced to build a fence to hide it. So, maybe I do live in the same kind of area, without knowing it . I just know I'm not bound, and, that comes directly from the attornies who represented us during sale. Without my signature, something the sellers had to verify was there, I'm not bound by rules I refused to participate in. As someone said, the laws here may differ from there. Link to comment Share on other sites More sharing options...
jbooma Posted May 5, 2005 Share Posted May 5, 2005 Originally posted by Art As someone said, the laws here may differ from there. That is what I am thining, are they local or state laws, could someone verify? Art I would guess you don't pay a lot to your HOA do you? Here we pay a ton Link to comment Share on other sites More sharing options...
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