Rules, RVs, and a four-story phallus: the HOA thread

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Warren
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by Warren » 20 Jul 2015, 12:23

PICS ELLIE
I demand pics of your home.
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Taktix®
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by Taktix® » 20 Jul 2015, 12:32

Ellie wrote:
Taktix® wrote:Man, if only someone here at the gryll worked at a large corporate law firm whose main specialty is Community Association and HOA law...
I'm sure the technical details of such things vary from state to state, but if the concern is that someone from outside the complex will fall off our swingset and sue us, can't we cover our asses sufficiently by just posting a sign that says something like, "No trespassing, for residents only, non-residents assume their own liability"?
You're probably right that I would be of limited assistance for both being in a different state and not an actual attorney, but I can say that Florida is both highly regulated and highly litigious, and there are many complexes and subdivisions with playgrounds around, and they all have some signage at least specifying a recommended minimum age and that playing is at your own risk. While there will certainly be differences in laws there, I can say with 95% certainty there is some way to cover said asses, though it would more likely be after the fact through insurance as people claim all sorts of bullshit to get around posted warnings.

Point is, I'd bet they board member(s) trying to tear down the playground is/are bluffing and I'm sure there's some simple way to both CYA and keep the playground.

What I can tell you is that boards tend to pull all sorts of shit that other elected bodies can't get away with because of an HOA's low visibility, and until you can get elected to the board itself, keep a close eye out for hastily- and/or haphazardly-announced board meetings, as they might try to get unpopular things passed when no one's looking...
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by tr0g » 20 Jul 2015, 13:31

In my experience, people that want to tear down playgrounds because of liability concerns are lying. They simply don't want to hear the shrieking that comes with small children at play. They justify it by liability concerns, because saying "I hatw the sound of children at play" makes you look bad in comparison to Ebenezer Scrooge.

More seriously, if your POA has common areas they already have liability insurance, so I can't imagine a playground adds much more to the bill. I mean, unless the playground is a box of lawn darts and a sign that says "Go nuts", that is.
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by lunchstealer » 20 Jul 2015, 14:08

tr0g wrote:In my experience, people that want to tear down playgrounds because of liability concerns are lying. They simply don't want to hear the shrieking that comes with small children at play. They justify it by liability concerns, because saying "I hatw the sound of children at play" makes you look bad in comparison to Ebenezer Scrooge.

More seriously, if your POA has common areas they already have liability insurance, so I can't imagine a playground adds much more to the bill. I mean, unless the playground is a box of lawn darts and a sign that says "Go nuts", that is.
But is equally justifiable as Scrooge. The screeching cries of partly-formed humans are, as all good people agree, most irksome.
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by Warren » 20 Jul 2015, 15:47

In my experience, people that want to tear down playgrounds because of liability concerns are lawyers.
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by Fin Fang Foom » 20 Jul 2015, 15:57

Warren wrote:In my experience, people that want to tear down playgrounds because of liability concerns are lawyers.
It's great that your sense of cynicism is as flawed as your economic reasoning.
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by thoreau » 20 Jul 2015, 16:01

Once upon a time I was convinced that the world was being overrun with frivolous lawsuits. Now, I still acknowledge that frivolous lawsuits are a real part of the landscape, but I'm no longer convinced that they're such an omnipresent threat as some would like you to fear. There isn't much of a difference between "OMG! The world is full of hazards!" and "OMG! The world is full of people who will sue over false hazards!"
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by JasonL » 20 Jul 2015, 16:14

thoreau wrote:Once upon a time I was convinced that the world was being overrun with frivolous lawsuits. Now, I still acknowledge that frivolous lawsuits are a real part of the landscape, but I'm no longer convinced that they're such an omnipresent threat as some would like you to fear. There isn't much of a difference between "OMG! The world is full of hazards!" and "OMG! The world is full of people who will sue over false hazards!"
Agree. I was looking into why my perception had changed over time a few years ago and I stumbled into this kind of interesting take: http://www.law.harvard.edu/programs/oli ... er_681.pdf
Most of the measures we examined above suggest that America is not that
unusual. In suits per capita, the ratio between the US and the UK is less than that between
the UK and Canada. Americans do have more judges per capita, but fewer than the
French, and “judge” is hard to define anyway. Americans have the most lawyers per
capita, but not many more than Australians. And Americans seem not to find contracts
especially hard to enforce, or to face unusually high automobile insurance premia.
Why, then, the American notoriety? It does not result from the way the legal
system handles routine disputes. Instead, it derives from the peculiarly dysfunctional
way courts handle several discrete types of disputes. We will look at two as examples:
securities class actions, and asbestos cases. Although aggregate quantitative measures
suggest that litigation in the U.S. does not differ substantially from litigation in other
wealthy democracies, aggregation over a myriad of myriads can hide a myriad of sins. In
several discrete areas, American courts function in a manner one can only describe as
disastrous.

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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by Kolohe » 30 Nov 2017, 08:30


Ohio House approves 89-2 bill that would prohibit manufactured home park operators, condominium associations, neighborhood associations and landlords from restricting the display of the thin blue line flag
I do think that having the 'Blue Lives Matter' flag on your home in the trailer park is the equivalent of having the 'Black owned' sign on your business during the Rodney King riots.
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Mo
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by Mo » 30 Nov 2017, 09:10

IANAL, but is that legal under the 1A?
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by Kolohe » 30 Nov 2017, 09:19

My guess is that if you telling a group that they *cannot* restrict a speech right of an individual, you're on pretty solid ground. (They're not mandating the flag be flown, rather they are prohibiting a prohibition)
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by Kolohe » 30 Nov 2017, 09:21

Without looking it up, I'm also guessing this is in a larger set of rules of what HOA's can't do, which I'm guessing currently has something that says you can't stop the display of an American flag.
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by lunchstealer » 30 Nov 2017, 12:20

It might run afoul of the 1a in that it is content specific and favors one viewpoint over another.
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by pistoffnick » 09 Jan 2018, 13:17

HOA passes a new rule that your garage door must be left open during the day (even if you are not home).
In addition to that, all citizens will be required to change their underwear every half-hour. Underwear will be worn on the outside so we can check.
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by Jennifer » 09 Jan 2018, 14:20

That rule sounds stupid even by HOA standards. The story doesn't list any possible rationale for such a rule, either.
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by Warren » 09 Jan 2018, 14:38

Jennifer wrote:
09 Jan 2018, 14:20
That rule sounds stupid even by HOA standards. The story doesn't list any possible rationale for such a rule, either.
You have to actually, you know, read the story.
"I have nothing to hide. I understand somebody had people living in the garage. I don’t. I am following the rules," Ia said. "All I am asking is a reasonable way to get around this. If you want to do a monthly, bi-monthly inspection of my garage, I have nothing to hide. If I have something that's being stored in there and you don’t like it I’ll remove it."
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by Jennifer » 09 Jan 2018, 14:50

Warren wrote:
09 Jan 2018, 14:38
Jennifer wrote:
09 Jan 2018, 14:20
That rule sounds stupid even by HOA standards. The story doesn't list any possible rationale for such a rule, either.
You have to actually, you know, read the story.
"I have nothing to hide. I understand somebody had people living in the garage. I don’t. I am following the rules," Ia said. "All I am asking is a reasonable way to get around this. If you want to do a monthly, bi-monthly inspection of my garage, I have nothing to hide. If I have something that's being stored in there and you don’t like it I’ll remove it."
I actually, you know, read the story but missed that part.

Still a bullshit rationale, IMO. Not just due to the whole "punishing everybody due to one rule breaker" aspect, either.
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by Highway » 09 Jan 2018, 16:18

The story doesn't give actual reasons for why the HOA thinks this is an appropriate remedy, nor verification that "people living in a garage" is the reasoning for the rule. If you think people are living in the garage, then 1) why the fuck do you care. If people are exceeding the residency of the house then, as much as I hate calling the cops, call the cops. It's just HOA's doing what they do best: being petty and nosy.
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Re: Rules, RVs, and a four-story phallus: the HOA thread

Post by Aresen » 09 Jan 2018, 16:30

Highway wrote:
09 Jan 2018, 16:18
The story doesn't give actual reasons for why the HOA thinks this is an appropriate remedy, nor verification that "people living in a garage" is the reasoning for the rule. If you think people are living in the garage, then 1) why the fuck do you care. If people are exceeding the residency of the house then, as much as I hate calling the cops, call the cops. It's just HOA's doing what they do best: being petty and nosy.
Unless, of course, the HOA board is composed of members of the Thieves, House Robbers, and Underhanded Stealers Hierarchy.
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