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Home Owners Association - Going Ballistic

Discussion in 'Diving Litigation' started by rakpix, Nov 12, 2010.

  1. tstormdiver

    tstormdiver Instructor, Scuba

    # of Dives: 2,500 - 4,999
    Location: Kentucky
    I'm actually surprised I haven't gotten any notices from my HOA about my lawn. I absolutely hate mowing (& too cheap to pay someone to do it) :D& will only do it when I absolutely must. I've had my lawn get up to my knees, before mowing it. Then again,... the house next to me is abandoned & doesn't look any better:D.
  2. Cave Diver

    Cave Diver Divemaster

  3. B Lo

    B Lo Contributor

    The following is not intended to constitute legal advice. Nobody is going to be able to give the OP a proper answer until the OP responds to the questions posed in the responses. How were the cylinders even visible? How and where were they stored? What state does the OP reside in? When the OP says that he was accused of violating the complex's deed restrictions, the OP needs to be much more specific. Which particular deed restriction(s) did the OP allegedly violate?

    Who is to say that the cylinders were stored with anything beyond 14.7 psi? Did the OP make a comment or, even worse, put something in writing which might be taken as an admission that they were stored pressurized? HOA board members are, by and large, assholes. They are typically folks who like to act like lawyers but have neither the legal training nor the intelligence necessary to pass any state’s bar examination.

    This armchair lawyer may make you miserable if you fuel her by sending off hastily written replies to prove your point or to defend your honor. If you are going to respond, you need to think about what you hope to achieve in a response. I wouldn’t necessarily volunteer any information that you don’t need to volunteer. This woman isn’t out to help you. She isn’t your buddy and is probably a heartless clod who makes herself feel important by temporarily having a minimal amount of authority over a tiny group of individuals.

    Back to what I mentioned at the start - You need to reply to the questions asked here if you expect to have useful specific advice given to you.
  4. spt29970

    spt29970 Contributor

    # of Dives: 1,000 - 2,499
    Location: Santa Barbara, CA
    I am constantly annoyed by my own HOA, but I usually just ignore them. However, if they want to behave like sea lawyers you can always best them at their own game. For example you could try something this.

    Go into your garage and empty your tanks. Then write a letter saying that the tanks in your garage are empty and therefore are not a hazard. After that go and refill your tanks. What you wrote was technically correct since when you wrote the letter, the tanks were empty. You never agreed to keep them that way. They cannot tell from looking at them whether they are filled or not, and you don't have to tell them unless they get a court order. Let them chew on that for a while.
  5. inventor

    inventor Contributor

    # of Dives: 50 - 99
    Location: Las Vegas, Nevada, United States
    Our local weekly had an article about this, can't find it, but here's a link...

    Psychologist defines the HOA Syndrome caused by oppressive HOAs HOA Constitutional Government

    It's basically that folks elected become compleyte Nazi's, or rather discover their inner Nazi. And can cause a great deal of emotional distress to the homeowners. Personally, the last HOA management company tried charging my 43 year old Russian ballerina for 'tagging' the wall of our complex. But the new one was very friendly and professional, when I dealt with them. But, yeah the compressed air cylinders thing sounds like complete BS.
  6. lsorenson

    lsorenson Divemaster

    # of Dives: 500 - 999
    Location: North Carolina
    It might have already been said but... I would look and see just how many folks have "Gas" grills; starting with the president...!!!

    Fools like this is why I refuse to live with the confines of a HOA...

  7. irishsquid

    irishsquid Solo Diver

    I guess Fire Extinguishers fall under her rules also? She sounds like she is a bag of compressed hot air.
  8. Doubler

    Doubler Contributor

    # of Dives:
    Location: Bremerton, WA
    Ignoring in my opinion is bad advice. Don't play the game. Bring the covenants to lawyer along with her letter. Have him draft a response explaining the difference between a inspected and tested cylinder which are not referenced and a can of compressed air which are referenced. Also thank her for pointing out these hazards :D:D and that he will be sending a letter out to all the membership informing them that the covenants do not allow LP gas, hair spray, Pam or any other compressed gases contained in thin wall cans and that they will need to get rid of them or face fines. Should make her real popular.
  9. theduckguru

    theduckguru Divemaster Candidate

    # of Dives: I just don't log dives
    Location: USA
    I have lived in condos and currently live in a home coverered by a HOA. I have yet to see a restriction on cans compressed air.

    Even if such a were present, my interpetation would be you would be restricted from warehousing cases for such products - not prohibited from having Right Guard, Pam, scuba tanks, or an air compressor.
  10. Splitlip

    Splitlip Contributor

    # of Dives: 500 - 999
    Location: Jupiter
    I've lived `with HOA's for my personal and investment property for 30 years. For the most part they do their job of keeping my neighbors' property from becoming an eye sore or even devaluating my property.

    Having said that....out of sight, out of mind. If not, get yourself or like thinking folks on the board. Locally many of the towns have restrictions as stringent as the HOA's.

    I don't want to live in a "COPS" or Reno 911 community, so I have learned to embrace it.
    Got a notice from my HOA that I have to clean my driveway. No problema. I was going to do it anyway..and my next door neighbor will have to bring in the ghost busters to do his as well. (thank God)

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