Easements and HOA (HOA's) Home Onwers Assocaition's STAY AWAY!!

[Diggin It]

All this time not noticing them at all, now the typos in the thread title are commanding my attention.

 

[paulfun9]

Well, that didn't take long... When in disagreement, attack and skewer...

Well I am still looking for the buisness the father operated? Guess he interpreted that there was a buisness and based his analysis on that assumption rather than asking.
Weather the guess was correct or not it still proves my point, which then makes my post not an insult but rather a fact!

 

[STERLING351]

Translation: my mind is made up, don't confuse me with the facts.
I can see how the can make sense in a suburban neighborhood, or at a condo complex. Everything is fine as long as everyone is considerate of their neighbors, trouble is, there are that few jerks who ruin it for everyone. Out in the sticks where your nearest neighbor is a half mile away, not a big deal if he has junk cars in his yard. Way different when your houses are 20' apart.




You can't make a law take effect retroactively. Assuming you're telling us the whole story, this would never stand up in court. You don't say what the neighborhood was like...housing density, etc. At the very least, there should have been a reasonable length of time to come into compliance even if existing uses weren't grandfathered.

Where were your parents when these rules were being drawn up? This would have had to have been voted on, and approved by a majority (maybe even 2/3) of those affected. There also would likely have been neighborhood meetings to draw up the regulations. If they didn't get involved, then they had no leg to stand on.

I hate to say it, but could your father's business have been one of the reasons the neighbors created this HOA to begin with? Auto repair facilities and residential neighborhoods don't mix well. Again, these regulations don't generally come out of the blue...something usually triggers it.

From what I remember my parents were not active in the HOA prior to their new over reaching direction. It wasn't until the new policy was passed that my parents even cared about the HOA. The neighborhood consisted of lots of 1-2 acres and maybe 100 homes i would say. Im sure there was some length of time to come into compliance, but being that my father is hard headed and has had his vehicles there for about 6 years prior he was not giving into their demands. My father did not run a business out of the house that was his home shop for his cars and ours, he had a much larger shop for his business. My brothers and I all got our first cars at age 14 and spent the next several years doing full restorations. All of our immediate neighbors did not care, we never were rev'ing cars late at night and were very courteous with our neighbors, several would even come over asking for help with their cars or just liked to hang out in the shop and drink beer. I remember my parents being so confused when our neighbor had to come to our house and ask for permission to build a pool in their own back yard. Several people moved out of the neighborhood over the next couple years due to similar issues, in that area though those rules are the norm since they have built several more neighborhoods with similar design and the area growing.

 

[MossRoad]

All this time not noticing them at all, now the typos in the thread title are commanding my attention.

Nothing like a little anger rant to get the old fingers crossed up. :laughing:

 

[Sigarms]

Talking about HOA's, interesting what happens when a HOA has land that they pay to maintain, but it's city property...

Woman tries to kick family off public property

I believe I know why that woman is divorced....

 

[widefat]

Talking about HOA's, interesting what happens when a HOA has land that they pay to maintain, but it's city property...

Woman tries to kick family off public property

I believe I know why that woman is divorced....

"got out of a blue Jaguar barefoot, holding a small dog."

That simple phrase explains volumes of information.

 

[atsah]

Well, that didn't take long... When in disagreement, attack and skewer...

:laughing:..

 

[widefat]

Is my reading comprehension sub-par?
The below law was just passed/signed in Virginia.
What exactly does it say?
Is it, as I am thinking, a useless law full of weasel words?


1 VIRGINIA ACTS OF ASSEMBLY –– CHAPTER
2 An Act to amend and reenact § 55-513.2 of the Code of Virginia, relating to the Virginia Property
3 Owners' Association Act; home-based businesses.
4 [H 1853]
5 Approved
6 Be it enacted by the General Assembly of Virginia:
7 1. That § 55-513.2 of the Code of Virginia is amended and reenacted as follows:
8 § 55-513.2. Home-based businesses permitted; compliance with local ordinances.
9 A. Except to the extent the declaration provides otherwise, no association shall prohibit any lot owner
10 from operating a home-based business within his personal residence. The association may, however,
11 establish (i) reasonable restrictions as to the time, place, and manner of the operation of a home-based
12 business and (ii) reasonable restrictions as to the size, place, duration, and manner of the placement or
13 display of any signs on the owner's lot related to such home-based business. Any home-based business
14 shall comply with all applicable local ordinances.
15 B. If a development is located in a locality that classifies home-based child care services as an
16 accessory or ancillary residential use under the locality's zoning ordinance, the provision of home-based
17 child care services in a personal residence shall be deemed a residential use unless expressly (i)
18 prohibited or restricted by the declaration or (ii) restricted by the association's bylaws or rules as
19 provided in subsection A.

 

[MossRoad]

It says an HOA can't stop you from running a home based business in an HOA covered dwelling as long as you follow the HOA rules. It's also two-way, meaning the HOA can't make rules that prevent a home based business. The HOA has to allow for reasonable time, place and manner of business.

Now who gets to define "reasonable" is probably up for debate.

And a home based business doesn't mean you can have a pickup, trailer, backhoe in your driveway. Home based businesses basically mean all of the business is done out of the home, few to no employees, no customer parking, no physical sales from the home, etc....

Home business - Wikipedia

 

[LouNY]

Written by lawyers so other lawyers can make more money off people that can't afford them.
It should be a requirement for a plain common English version of any act passed by a legal body be published and attached to the act.