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New Homeowner Association Rule

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Old 21st December 2009, 1:27 PM   #1
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New Homeowner Association Rule

Hubby and I have motorcycles (each). We were both parking our's in our parking spaces, and pulling the cars in behind them. Both the car and motorcycle fit in the space and do not block foot traffic. He uses a motorcycle chain around the column (carport) to secure his bike and I was using a tree.

They recently installed two motorcycle parking spaces, one pole with a metal loop to secure your chain. I just started to use this. Another person parks his motorcycle in the other space and secures his chain around a tree.

Both him, my husband, and a third motorcycle owner got a violation notice. My husband was told he can't secure his chain around the carport column. We aren't sure why since it's not causing any damage, or impeeding (sp) the walk way. There is no other way for him to secure his bike...

We have had a lot of vehicle and home burgleries, and a car jacking at gun point. They have sent fliers around notifying people to be diligent and aware.

How can they then request that my husband not secure his bike leaving it open to the possibility of it being stolen? It makes no sense, since he isn't damaging property.

I went to a website that says all HOA rules must not be arbitrary, and the "burden on the use of the affected property can not substnatially outweigh the restrictions benefits."

To me that says they can't make a rule that could cause sunstantial burden to us that would outweigh any benefit to them. Right now I can't see what benefit they are getting out of this...

Thoughts? Suggestions?

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Old 21st December 2009, 1:53 PM   #2
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write them a letter and ask what the deal is.... any communication with them- do it in writing.

they only have a pole a loop installed for 1 chain, so what is their suggested method of securing the other bikes?

say you do not want to be in violation, but there isn't an alternative that you can see.

ps~ i HATE HOAs!
‎"I am willing to move out of my comfort zone and experience life in a new way." ~ Louise L. Hay
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Old 21st December 2009, 1:55 PM   #3
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You are a resident, a member of the association formed to make living convenient. Ask them how they will solve this for you and offer a suggestion.
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Old 21st December 2009, 7:59 PM   #4
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Yeah, I will have to e-mail. Because when I call no one ever responds and the receptionists are rude and not very bright. I am just so frustrated dealing with them yet again. Our condo has lost 70% of it's value and it's times like this where I would rather move and not have to deal with any of it, they just make it worse.
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Old 21st December 2009, 9:48 PM   #5
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A formal written letter is usually best. This creates the seriousness in which the matter needs to be taken while addressing your view point in a business manner. You are in essence paying them for this priviledge to be in an HOA, so they are duly responsible for a reasoning or resolution.

I am confused as HOA's are often thought of for the security of the area. If there is crime there, one has to wonder how the HOA is remedying the security for its residence. Most in my town are gated and you must register your guest for access to the homes. They have camera's installed and a Service entrance for when folks need HVAC, or home repairs done. These business are pre-screened so there isnt any shady characters trying to bamboozle a home owner to get new roofs or tar their driveways.
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Old 9th January 2010, 3:44 PM   #6
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It could be that they feel that whatever you are using has the potential to cause damage to the "common area" meaning the pole.

With that said I am on the BOD in my community and our goal is to come up with resionable solutions to issues facing our homeowners. I'm do not have the benifit of knowing your community so it would be hard for me to make a suggestion;however I would suggest one of two things. 1. go to the next meeting and present you case. Ask for possible solutions or suggestions from the board. I know that in our case we are willing to work with those that work with us...did it twice this week. We changed a couple of ridiculious rules that brought violations to a couple residents.2. If you cannot make a meeting then perhaps do a one on one walk with a member of the board. I know for us that we cannot make individual decisions on issues but we can bring them up either via e-mail or at the next meeting. We do alot by e-mail.

I guess it all depends on the mentality of the board. Our goal is to maintain the integrity and value of our community but at some point needless rules can infringe on that goal.

Good luck!
"Don't Hassle it" Jeff Spicoli

Last edited by frd150; 9th January 2010 at 3:47 PM..
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