I assumed by motorcycle they were refering to not streetable bikes (dirtbikes). However I recently failed a garage inspection from my townhouse homeowners assoc because I had a (perfectly licensed and fuctional street-rideable) motorcycle parked in mine. A representative explained to me that the word motorcycle was used as a blanket term for any motor driven vehilce with two or sometimes three wheels. To get to my question…the way that rule is written is it allowable for me to park my (drivable) car and “store” my bike in my garage? Also what kind of rules can a homeowners assoc pass?
Could they also rule that red chevrolet’s or blue honda’s are not to be parked in garages?
I don’t have much experience dealing with this type of a thing…but I’m not parking my bike in the street. What type of autority do these associations have (I know if I fail the next one I will be fined). But if I just remove the bike for the inspection and the guy sees an empty garage…does that mean I’m ok? If so it seems like a big waste of time and energy…:mad:
Many home owner associations can place liens on your property and force forclosure. My home owner assoc. has been in the news over this and there was a huge hub bub in the neighborhood over the leadership. They are quite powerful and it seems crazy.
When you bought the property, you should have been given a copy of the HO Declaration and by-laws. If not, you should have asked for it. Those rules are contained in either the Declaration or by-laws. (In your case, the by-laws.) Thus, you knew or should have known about it before the closing was complete. If those provisions were not acceptable to you, you should not have bought it.
In addition, additional rules can be made by the HO Assn at its annual or special meetings, notice of which must be given to you, which notice contains everything that is to be considered at the meeting. Those additional rules are possible since the Declaration or by-laws allows the HOA to enact additional rules at such meetings. Whether the owners (ususally by majority vote) or the Board can enact them is determined by the Decln and by-laws. These can be amendments to the by-laws or merely designated as new rules/regulations.
Assessments that are not paid are liens on the Unit, superior to all other liens except the purchase money mortgage. That is the general rule, and probably the law in all the states. That is why at the closing, a certificate from the secretary of the HOA that all assessments are current and there are no delinquent assessments is necessary. This “secret” lien need not be recorded; again, necessitating the secretary’s ctf.
Let this be a lesson to you - never buy into a H.O.A…
I would say that your bike is not allowed in your garage, driveways, parking areas (if a private road then maybe it’s excluded from the street too under parking areas).
It may be excluded elsewere but you may be able to park it in your back yard, or in your living room.
Almost any kind of wacky rule that is not in violation of local, state & federal law.
Absolutely. Of course, board members risk being voted out of office by passing such trifle into the bylaws.
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I don’t have much experience dealing with this type of a thing…but I’m not parking my bike in the street. What type of autority do these associations have (I know if I fail the next one I will be fined).
Homeowners associations can be a huge pain in the ass if they want to. Their authority can border on fascistic insanity. I suggest you take an informal poll of the other residents and see if there is any interest in modifying the bylaws.
You might get away with it that time, but what happens if one of the association officers drives by and sees your violation? Is this the kind of association that looks at any minor infraction as an opportunity to acquire revenue?
Per barbitu8 these are questions that needed to be addressed prior to closing. Your optimistic interpretation is at odds with the straightforward language of the document. It is pretty harsh though. In the driveway I can understand, but they wont allow them in a private garage? Seems a bit invasive.
Anyway, in practical terms you’re probably screwed unless you can get creative. A small cheap shed (if you have the back yard space for it) would seem to be the best solution (if sheds are allowed).
You need to get the problem solved and not get into a pissing contest. In the main, picking fights with HOAs regs (unless illegal) usually end badly (and expensively) for the homeowner not the association though, the occasional individual does trimuph. People have lost their homes when the HMA liens caused the home to go to auction.
This sounds like a very tightly controlled community. You might seriously want to consider moving if you’re not with that program.
A completely literal reading of that bylaw would seem to indicate that keeping so much as a garden hose or garbage can in your garage is an offense. So maybe you could use this ultra-literal reading to make enough of a stink to get this repealed.
This seems like an immensely stupid bylaw – it effectively prohibits ownership of any of the named vehicles by preventing people from storing them. Even a seakayak couldn’t be stored in the garage. What do other people in the HOA do?
Thanks Attrayant I think I’ll probably get away with it. Thery’re pretty relaxed but it’s still an extra helping of BS to deal with. Maybe it’s time to get out of the community living scene.
One more question if I may…
I know my association sends out reminders every spring about certain acceptable planting, lawn mods, etc. Along with this they also stress that parking areas are not to be used as a playground. It is typical for anywhere between 3-10 kids to be playing in parking area by my house. It annoys the hell outta me when I see balls and or kids whackin my or other’s cars. But since most of the people in my area have kids (i don’t) I feel I’m in the minority (despite the actual rule) and dont object. Now if I wanted to be a jackass what could the assoc do about kids in the parking area? How can they enforce that rule? It’s not like me to complain and I know I should say something to the parents but either you enforce the rules or you don’t…
(I know I could ask the assoc but I think I may have ticked the guy off over the motorcycle issue already. Also I don’t want to annoy other…yet )
BTW the thread title is the absolute best place to have a typo…doh
That rule is probably there to cover the HOA’s collective ass when somebody backs up his car and runs over a kid playing in the parking lot. All in all it’s not a bad idea. How they enforce it is beyond me.
I’m confused, is this a communal parking lot or does each unit have its own private driveway? You said something about your garage before, so I was assuming that you (and everybody else) has their own garage with a driveway in front. What comprises the “parking area”?
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