Can a neighborhood do this? 30.07

[AustinN4]

It's what HOA's do repeatedly. Overstep their bounds

It isn't what all HOAs do. I live in an HOA neighborhood, but the streets and sidewalks are all publicly-owned by the city. In other words, you can drive on a city street and into my privately-owned driveway and never set foot on HOA property; therefore, there is nothing (HOA property) to post and the HOA can not do so.

There is also private property within the neighborhood that is fully- and privately-owned by the HOA only (a playground) that the HOA is fully entitled to post if the neighborhood and board decide to do so. In our neighborhood, it would have to be put to a vote as such language does not already exist in the Declaration. But if it passes and is posted, it would only govern the playground, not my private property or the public streets.

 

[Charlie]

You are correct, Mr. AustinN4! Well said.

 

[Kar98]

Of course, one is free to challenge anything via a lawsuit (assuming they have “standing” before the court).

Of course, BEFORE a lawsuit, a chat with the person responsible for said sign might already do the trick.
When my apartment complex put up .06 and .07 signs, I had a chat with the manager who was, for instance, under the impression that anybody could just go and carry handguns openly, no license required.
Also informed her that I can carry concealed in my car, in my home and on my way in between, just not in common property like the pool area, mailboxes, laundry rooms, regardless of the .06 signs.
So first the .06 signs went away pretty much immediately, and now a year later then .07 signs are gone too.

As she told me, many places put up both signs right after open carry became legal just to cover their asses and because they were unclear on the finer points of the law. And now that there were barely any bloodbaths in the streets, many of them are now ditching the signs again.

Anyway, yeah, have a talk with the responsible person. Calmly, and without waving an Uzi in their face :P

 

[Davetex]

It isn't what all HOAs do. I live in an HOA neighborhood, but the streets and sidewalks are all publicly-owned by the city. In other words, you can drive on a city street and into my privately-owned driveway and never set foot on HOA property; therefore, there is nothing (HOA property) to post and the HOA can not do so.

There is also private property within the neighborhood that is fully- and privately-owned by the HOA only (a playground) that the HOA is fully entitled to post if the neighborhood and board decide to do so. In our neighborhood, it would have to be put to a vote as such language does not already exist in the Declaration. But if it passes and is posted, it would only govern the playground, not my private property or the public streets.

You've been on the board, haven't you?

 

[AustinN4]

You've been on the board, haven't you?

How'd ya guess?

 

[AustinN4]

To you guys that don't like HOAs, it is real simple - read the Declaration before you buy, not after (duh!). If you don't like the rules, don't move there. It really is that simple.

 

[Charlie]

To you guys that don't like HOAs, it is real simple - read the Declaration before you buy, not after (duh!). If you don't like the rules, don't move there. It really is that simple.

It is for a fact, simple. HOAs are not all bad but some are. If you don't like the rules, don't play the game.

 

[roadkill]

To you guys that don't like HOAs, it is real simple - read the Declaration before you buy, not after (duh!). If you don't like the rules, don't move there. It really is that simple.

Yup. I was looking at land to build on about 10 years ago. Part of the deed restrictions was a building committee had to approve all plans and they reserved the right to roll into an HOA. Needless to say I didn’t buy.

 

[toddnjoyce]

To you guys that don't like HOAs, it is real simple - read the Declaration before you buy, not after (duh!). If you don't like the rules, don't move there. It really is that simple.

The declarations can be good and the board a bunch of asshats, which is what I’m dealing with.

The language in our declaration is tremendously vague; FrEX: residents and guests can temporarily park a vehicle on the street.

No time limits, just exactly as stated above. So, one of the tenants in the neighborhood ‘parked’ a wrecked vehicle on a street in our neighborhood for about six weeks.

We have no language that addresses how long ‘temporary’ is. The tenant moved out and abandoned the vehicle. Sheriff won’t do anything about it since our streets are private roads. Tow companies won’t tow it unless we either have legal standing to or the owner is there.

No one has found the owner so the HOA lawyer can’t serve the owner and have it towed.

And the board, who’s been listening to losses of residents for going on four months now doesn’t feel it’s high enough priority to address.

Meanwhile, the poor bastards on that street are watching their property values plummet.

 

[Younggun]

I prefer as no extra rules governing myself or my neighbors. We do what we want and mind our own business.




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[popper]

2 kinds of hoa. Private complex and those 'invented' so the city does't have to mess with the trivial stuff (let's developers set the rules).

 

[EZ-E]

I was looking at 10 acres a few years ago with no deed restrictions. I was talking to a friend that has 10 acres a few miles near by & he told me his horror story about his 10 acres. Turns out with no deed restrictions the neighbors built a low end trailer park right next to his property. He said he hears tejano music all day on the weekends. Needless to say I decided against buying land small enough to hear my neighbors.

 

[Moonpie]

The declarations can be good and the board a bunch of asshats, which is what I’m dealing with.

The language in our declaration is tremendously vague; FrEX: residents and guests can temporarily park a vehicle on the street.

No time limits, just exactly as stated above. So, one of the tenants in the neighborhood ‘parked’ a wrecked vehicle on a street in our neighborhood for about six weeks.

We have no language that addresses how long ‘temporary’ is. The tenant moved out and abandoned the vehicle. Sheriff won’t do anything about it since our streets are private roads. Tow companies won’t tow it unless we either have legal standing to or the owner is there.

No one has found the owner so the HOA lawyer can’t serve the owner and have it towed.

And the board, who’s been listening to losses of residents for going on four months now doesn’t feel it’s high enough priority to address.

Meanwhile, the poor bastards on that street are watching their property values plummet.

Why doesn’t Capt.Midnight disappear the abandoned car?

 

[Southpaw]

Why doesn’t Capt.Midnight disappear the abandoned car?

I was going to say why not take it out of there one piece at a time.

 

[stdreb27]

Why not ask our buddy Ken Paxton, so he can say the signage is protected by free speech and duck the question of enforceability like he does for zoos.

 

[oldag]

Why not ask our buddy Ken Paxton, so he can say the signage is protected by free speech and duck the question of enforceability like he does for zoos.

I am ready for phase two. Concealed and open carry is legal everywhere. No restrictions on a constitutional right. No carveouts for businesses.

 

[AustinN4]

The declarations can be good and the board a bunch of asshats, which is what I’m dealing with.

The language in our declaration is tremendously vague;

To me, those 2 sentences contradict each other. If the Declaration was vague, I would not have moved there.

 

[AustinN4]

2 kinds of hoa. Private complex and those 'invented' so the city does't have to mess with the trivial stuff (let's developers set the rules).

This post make no sense.

 

[DD130]

The declarations can be good and the board a bunch of asshats, which is what I’m dealing with..

Exactly.. I'm dealing with one of those as well; one that I've had to have my attorney (at my own cost) inform them that some of the things they were trying to do were not, within their jurisdiction/rights to do so. HOAs are notoriously poorly run. If all goes well, I'll have completely disposed of the HOA I'm dealing with on the 18th. Screw those d*ckheads!

 

[Charlie]

Good luck!