Civil Lawsuit Regarding M109A3

[rickf]

Does anyone REALLY think that the plaintiff's lawyers and the defendant's lawyers are not friends and fully intend to drag this out until nobody has any money left? The only winners here will be the lawyers and unless you are independently wealthy I can assure you that they have more money to spend on lawyers than you do. Get real people.

Rick

 

[emmado22]

You can fight it all you want until your coffers run dry. The real question is: Is it worth it?

 

[Ferroequinologist]

You should have the right to do what you want on your own land. But others in the country should also have the right to live somewhere where they are told what can and can't be down on their own land.

Many times someone elses rights are infringed upon by someone else fighting for his rights. I say, you moved in there, if the 'truck' clause was there when you signed the paper, no matter what the definition, then you shouldn't cry boo now.

You may win but the cost may have paid for years worth of storing the truck elsewere and not making enemies out of neighbors.

 

[doghead]

I have a new plan/idea, for you.

Strip the cab and box off and set a Prius body on it! Call it a CAR!

Make you neighbors happy they won...

 

[MarcusOReallyus]

Hi guys,

I personally still see it, as they are trying to take the homeowners rights away. .

Nope. Not even close.

He FREELY CHOSE to sign his rights away when he bought the house under the HOA.


Nobody is trying to take anything from him . He already gave them away of his own free will.


This is no different than moving in next to an airport and then suing about the noise.

OR like the woman in my neighborhood who moved out here from the city and then complained about road apples on the roads. She wanted all the horses moved out. Oh, and the roads paved. And street lights.


Same thing. The agreement was there. If you didn't read it, or didn't do your homework on what it meant, tough. Man up and keep your word.

 

[Kohburn]

It seems to me that the original poster stated that he served on the board a long time ago and at that time the very vague rule was only applied to 18 wheelers.

Everyone telling him to honor his word are a bit off track in that he followed the rules as they had been established, however the wording is so vague that it allowed them to apply it differently over time.

Fighting them over vague wording does not infringe apon his neighbors rights, strctly by the wording of the rule ALL trucks are not allowed and how many of his neighbors have pickup trucks and also signed the paperwork when they bought houses.

Either forcing the rule to go away or be ammended only benefits everyone.

 

[salt6]

Maybe he should go around the neighorhood and take photos of all the "trucks". Then ask the HOA to enforce the rule on all these "trucks".

 

[MarcusOReallyus]

the wording is so vague that it allowed them to apply it differently over time.

Part of being a big boy is understanding that vague rules DO wander over time. Counting on, "Well, we never did it that way before!" is foolish. A teenager could be forgiven that mistake. An adult should know better.

The bottom line is, the rule says no trucks, and he's got a truck.

 

[Jas0n]

I have a new plan/idea, for you.

Strip the cab and box off and set a Prius body on it! Call it a CAR!

Make you neighbors happy they won...

Well, the deuce *is* a flex-fuel vehicle... lol...


In all honestly, this all boils down to how good of a lawyer you have...

 

[Cleveland Iron]

HOAs have always been the bane of existance for those who want to be different. Talk to the hams about them and antennas...

However here is a story about a friend who fought with a HOA. She eventually moved, but when she wanted to. Hope you enjoy this.

Jeanette was living in a condo and she decided that she wanted to enjoy her back porch so she set a couple comfortable wooden chairs on her there. Given that she was an antiques dealer the pieces she selected were designed for outdoor use, after all before the advent of modern metal and plastic lawn furnishings all lawn furniture was wooden.
Within a week she received a warning from the condo’s home owner’s association that she had to remove and or replace the furniture on her porch with lawn furniture. There was a threat of daily fines if the furniture weren’t removed by a specified date.
“Fine.” She said.
It was garage sale / flea market time. Using her talents as an antique dealer she shopped around. And came back with the rattiest, rustiest, ugliest – yet functional – lawn furniture she could find and set that out on the porch. Of course her selections were within the letter of the HOA contract. So they could do nothing but gripe.
Yes, Jeanette did enjoy her new furniture on the porch. And she enjoyed it even more when she saw members of the HOA glaring at her in displeasure.

 

[M923driver]

A pilot I flew with had a similar problem. "Truck" was meant to be a work vehicle, with a name on the side and tools in the back, ect. Just before he retired, he bought a top of the line cowboy Cadillac 4x4 with all the toys. The HOA called it a truck after only enforcing the previous definition, threatened him with a lawsuit, ect. (He kept it inside the garage, by the way). He finally relented and parked it on base until he retired and moved. In the mean time, be bought a piece of $h*t station wagon, painted all kinds of colors and full of rust and parked his new "car" in the drive. Kind of like the lady with the lawn furniture. Sometimes you have to get your satisfaction where you can, with lawyers involved only the lawyers win.

 

[jedawson1]

I agree, unless you have the money, I wouldn't waste my time with lawyers. I would however play their game, it would be most satisfying to have every pickup truck in the HOA removed as well. Or to park a junker that fits the regulation out front.

 

[Jas0n]

Here's a website with a lot of links about the people with the potbelly pig. It even made the local news several times. I think it's great that the HOA lost, they really are becoming bullies...

Save Wilbur Sardo from eviction. Read the official (latest) news on his blog.

Like a person with a MV is the real reason their home values have tanked in the past 4 years...

 

[Gottlos]

Four days 'til the results come in. Can't wait to see how this turns out.

 

[islandguydon]

Did anyone ever consult Mr.Webster...? I had good luck with him. In my work we gate private community's. Some, mostly all city's have an ordinance for fence but never an automatic access controlled gate.

The precedence was set in Circuit Court a few years ago and the Judge refereed to Mr. Webster and its definition. Needless to say the community won the suit and that was for me a lesson learned about the play on words and their meanings.

Websters Dictionary says;

A truck (North American and Australian English) or lorry (British and Commonwealth English) is a motor vehicle designed to transport cargo. Trucks vary greatly in size, power, and configuration, with the smallest being mechanically similar to an automobile. Commercial trucks can be very large and powerful, and may be configured to mount specialized equipment, such as in the case of fire trucks and concrete mixers and suction excavators. Modern trucks are powered by either gasoline or diesel engines, with diesel dominant in commercial applications. In the European Union vehicles with a gross combination mass of less than 3,500 kilograms (7,716 lb) are known as light commercial vehicles and those over as large goods vehicles.

 

[ryan77]

Good luck i went through the same thing with my deuce in the drive way. The neighborhood squares didnt like it. I ended up just renting a spot down the road. I dont have the time or energy to fight goofs or the guy who was picked on in school and now 20 yrs later feel they have power! They have nothing better to do then make others life miserable....

 

[Rambling Wreck]

Unfortunately, there will be no winners here. I mean, even if you win your case the folks in your neighborhood will probably resent and maybe even despise you. Personally that wouldn't bother me but it would bother my wife and I wouldn't want my child to grow up in that environment. I think you are doing the right thing in exercising your rights and I really hope you win. If it was me though, I would be looking for a better place to live (even after if I won legally). A great man once said "Get in where you fit in".

 

[USAFSS-ColdWarrior]

One aspect of this situation that I have not noticed addressed is.....


Was the OP's first notice of any HOA Rules Violation presented as a Civil Lawsuit, or was there previously delivered letters, warnings, personal discussion or other respectable communication?

Did this issue START with presentation in the Courts' Forum, or did the HOA attempt to resolve this in any less abrasive or confrontational manner?

Just taking a step back and asking..... How did we get ourselves into this pickle in the first place?

That's my ten cents worth this morning.

 

[Tanner]

Did anyone ever consult Mr.Webster...? I had good luck with him. In my work we gate private community's. Some, mostly all city's have an ordinance for fence but never an automatic access controlled gate.

The precedence was set in Circuit Court a few years ago and the Judge refereed to Mr. Webster and its definition. Needless to say the community won the suit and that was for me a lesson learned about the play on words and their meanings.

Websters Dictionary says;

A truck (North American and Australian English) or lorry (British and Commonwealth English) is a motor vehicle designed to transport cargo. Trucks vary greatly in size, power, and configuration, with the smallest being mechanically similar to an automobile. Commercial trucks can be very large and powerful, and may be configured to mount specialized equipment, such as in the case of fire trucks and concrete mixers and suction excavators. Modern trucks are powered by either gasoline or diesel engines, with diesel dominant in commercial applications. In the European Union vehicles with a gross combination mass of less than 3,500 kilograms (7,716 lb) are known as light commercial vehicles and those over as large goods vehicles.

The HOA is most likely using the definition of 'truck' as based on MD DMV or city/town ordnance interpretations. My wager is that the 29 October hearing will result in something that the OP won't be interested in hearing.

'Tanner'

 

[rmgill]

Part of being a big boy is understanding that vague rules DO wander over time. Counting on, "Well, we never did it that way before!" is foolish. A teenager could be forgiven that mistake. An adult should know better.

The bottom line is, the rule says no trucks, and he's got a truck.

No, part of being a big boy is knowing when to fight and knowing when not to.

Rules that are vague are unenforcible. this is basic US legal principle. This is why my Code Enforcement case was dismissed, not because I had a Business truck or not, but because the law in question was hopelessly vague and was thus unenforcible. State law ALSO said any law where there was a question of applicability then mandates that the court find in favor of the defense.

Are you mice or are you Men?

18 Wheelers, and a 2.5 ton are two different things.
Are Buses included in this or not?
Pickup Trucks?
An Isuzu pup? It's a light truck chassis.
What about SUVz? They're on Light Truck Chassis based on the CAFE regulations.
Splinter Pickup Truck?

If the HOA can't give a clear statement in clearly defined legal points then the HOA contract is or should be, in that specific area, unenforcible.

A bad contract is a bad contract.