Some people downvote without watching. I have a few people who don't like me. Eventually they will be lost in the sea of upvotes, for which I am deeply appreciative.
UA-cam has a pretty massive network. Different sections of the network get updates about view count, likes, comments, etc. at different times. So it's possible that whichever server you connected to got the dislike count update before the view count update. Look up Tom Scott's "Why Computers Can't Count Sometimes" video for a much better explanation.
My daughter was managing a complex of 120 duplexes which meant 240 mailboxes of which at least half a dozen got smashed each month. She was tired of buying and installing all those boxes so I suggested that the post office might install a couple mailbox terminals at street intersections. They were happy to do so but her renters had a fit. Her answer was, "Don't complain to me, call the post office."
When looking for a new home, I tell the realtor I didn't even want to be shown any home with a HOA. I want it put it in writing on any exclusive agreement we have. I had one realtor tell me no agency would agree to that. He was wrong. If an agent shows us a house with a HOA, they've violated the terms of our agreement and we'll go elsewhere. I hate HOAs that much.
My son was looking to buy a house in the Lehi Valley area of Pennsylvania and specified that there must be no HOA. A realtor found a single story, 3 bed home in the half million price range without an HOA. It was the only house they could find that fit his wishes.
I had a contractor friend who lived in a condo community that had HOA rules against pickup trucks. NO TRUCKS PERIOD! He drove a very expensive pickup washed and shined every week. He was advised that pickup trucks were not allowed! After attending the HOA meeting with no consideration from them. He parked the immaculate pickup in his business garage and started commuting in a real beater!
Body damage in my opinion would be damage to the actual outer structure of the vehicle, metal, glass, etc. Paint is a separate function, it is corrosion protection and not part of the body structure.
There's a reason why there are no positive comments about about HOA's. Similar to the way you don't hear positive things about Adolph Hitler, Kim Jong Il, Kim Jong Un, sadass...I mean Saddam Hussein, bin Laden, well, you get the point.
35 Years ago I lived on across the street from a HOA in Vegas. The HOA started to send me notices to repair my place and mow the yard and bills for the dues. I owed the home (along with my friendly banker) the home was 50 years old and in rather rough shape but it was what I could afford and it was NOT PART OF A HOA. My wife and I signed absolutely NO paperwork when we went to the title company when we bought the house. When the HOA served notice to sue me for not doing what they wanted me to do, I finally contacted a attorney. The lawyer I got and I didn't know this was a pit bull on HOA's and he reviewed all my paperwork, checked with the city and immediately countersued on my behave. You can pretty well see where this went. The HOA was trying to get all the homeowners on our side of the street to pay for something that had no benefit and the HOA lost badly. Since that happened I knew to never have a HOA and where I live now is a rural private road with a road association only.
When we were looking for a new house. we told the realtor we DID NOT want an HOA. He took us to a nice house and the first question I asked was, "Is there an HOA here?" He said yes and we told him we were not interested. We left and he looked at the next three houses on his list and didn't go to any of them because they all had HOA's. Found a wonderful house with no HOA and we love it. Best decision ever.
The Werefrog was looking for a house, and The Werefrog said a garage was 100% needed. No garage, no purchase. She showed one house without a garage. The Werefrog told her not to waste time. Garage absolutely needed means don't show houses that don't have garages. That was the only house she showed without a garage because The Werefrog would find a better realtor who wouldn't show houses that don't have all the must haves.
My wife and I built a house in an established neighborhood that had a "covenant". It was a really easy-going covenant mostly dealing with paint choices and appearance of roof venting etc.... There were even neighborhood picnics organized by the covenant board (which we thought of as a positive at the time). Intelligently, the covenant was set-up to expire after 10 years when it could then be renewed. We built in the 8th year and by the time we moved in there was just a little over a year left. The chief officer who ran the covenant was a lady that lived next door to us. Her behavior was somewhat reminiscent of the next door neighbor "Gladys" in the old 1960s TV series "bewitched". Always coming over with helpful little "suggestions" about what to do with our new house, yard, garbage cans etc.... Her yard was immaculate and beautiful and anyone who didn't live up to her expectations got a friendly little knock on their door suggesting a change. After a year of this literally everyone in the neighborhood voted to not renew the covenant. The chief reason we knew was "Gladys". There was a big sigh of relief a few years later when she and her family moved across town to a much more expensive development that likely offered her a more robust HOA! ;-)
This is why the first step is to not buy in an HOA neighborhood. The second step is to catch the HOA doing something shady, and I’m sure most are. Step 3 is to run for the HOA board and dismantle it from the inside.
In which case, he could use that as a reason that his home should be removed from the HOA. If his family can prove that the HOA is retaliating for losing in court, the judge could disolve the HOA's authority over that property, and that, in turn, could snowball into the dissolution of the HOA, itself.
Rule #1 when buying a house. Don't buy a house that has an HOA. Rule #2 don't buy a house inside city limits (if you can help it) You will not get anything in return for your property taxes.
@Robert Adams Agreed. I own 3 rental houses in HOAs and they can be a pain in the rear. I sat on the board for one of them and was the voice of reason but we only had 2 board members. The kind of idiotic cases that came to the board were mind boggling. The management company does the inspections and violations. The board gets to deal with the challenges and irate owners. It was really the inspector that was the cause. It is some retired old prune that nitpicks at everything. Most of the cases that came before the board we dismissed.
@@mark98115 I would continuously refer to the inspector when talking about the source of the complaints, to direct the homeowners' rage to the appropriate place.
My town is trying to pass a county wide ban on parking trucks on your own property. I commented on your video about Kentucky and tattoos. That comment applies here too. This is what you get when you beg lawmakers at any level to micro manage your lives! Work trucks are hated too.. they don't like the trucks but they like the money they earn..
The challenge with HOAs is that the directors can change over time. What you agreed to when you purchased may not be the rules 10 years later. Case in point: my HOA decided they needed a "junk car" rule. So, they wrote one using the word "vehicle" instead of car, figuring they'd also include derelict boats and other eyesores. The problem was that their definition of a "junk car" was "unlicensed or un-inspected", didn't define "vehicle", and didn't say that the vehicle had to be parked outside. It took 30 seconds to explain to the board of directors how every one of them had a boat (un-inspected), ATV (un-inspected), golf cart (unlicensed, un-inspected), moped (un-inspected), riding lawn mower (unlicensed, un-inspected), etc... and that, even keeping it out of sight in the garage was still in violation of the rule. When it was pointed out that the township had a "junk car" rule that took an entire page to define what a "junk car" was, they agreed to rescind the rule (much to those of us who have an antique car or five).
I came close to suing an HOA in Tampa for a few reasons - 1. not enforcing the rules against no pitbulls or aggressive breeds; 2. a neighbor upstairs who was drilling pounding and doing home improvement all night long - I found out why he was doing it - he was getting free rent to renovate the unit. I came close to losing my mind. I eventually moved out. I learned a lot about the little Hitlers known as HOAs. There was one a few years ago that fined the resident for their kids using sidewalk chalk.
I remember a few years back where an HOA was demanding somebody put their F150 in the garage but the Lincoln Blackwood next door was okay because Lincoln
So me and my wife PURPOSELY, bought a house in an HOA controlled location. I carefully read over the bylaws and all and was fine with it. We wanted our kid to grow up in a "safe" neighborhood and etc... So first month we are there I get a notice that my wrecker violates the HOA bc its "oversized". I call and ask about what is the number of that bylaw. None given...its just too big. I state thats not a LEGAL framework, sue me. 2 months later, another notice, this time truck is a commercial vehicle. I call back, "Cite the bylaw." None given, commercial vehicles arent allowed. "Sue me then." The WHOLE time I am paying my monthlies to the HOA on checks with the company logo on them. Finally after about 6 months of being there, I get another notice that my truck is in violation bc it is ugly. So I call up, "Are you at the offices?" "Yes I am" "I am going to be there in 10 minutes IN MY TRUCK that pays YOUR DUES." We are going to talk. So I show up, I ask the manager, what the HE%% his problem is and how it is he has NO issue cashing my checks but continues to harass me about the truck. He proceeds to state the usual BS "Its ugly, big, there have been calls." etc... I tell him that I will comply with ANY bylaw they can cite and if the calls are annoying them I suggest they send those folks a nice letter like I keep getting. I also state that if they write me another notice without a bylaw cited Ill consider it harassment and will sue. Lived there 9 more years and never heard a peep.
I was in a very similar situation. My car was in the process of paint and the HOA said it was body damage. When appeared before the judge I had 3 estimates from 3 body shops. No damage to repair, just paint. Lawyer compared to a doctors visit. Your broken arm is 'body damage' , the ugly make-up you put on your face is 'paint'.
My opinion, a worn paint job is not "moderately severe body damage", ugly yes. I spent some time searching for what is considered body damage. Weathered paint, rust, etc is considered body damage by most repair shops. That said, I doubt any repair shop or insurance adjuster would call weathered paint "moderately severe body damage". Hope Andy Lipka wins this case.
I had a chance to buy a brand new custom built house in a new development when I got married to my first wife. We loved the house. I asked if there was an HOA. the realtor gave me the bylaws. I read them all got in my pickup and started to leave. She asked why. I'm a semi truck driver. I want to be able to park my truck at my house in my drive way. I want a boat and be able to park in my back yard. Not to mention a travel trailer or RV and motorcycle. So I'm not buying this.
my dad owns a mfg house on a plot of land he owns outrite. then his neighbor sold his field and a trailer park got built there and they started an hoa . that hoa tried to sue my dad for not mowing his lawn. long story short . dad now owns the trailer park :)
Been on an HOA board 4 times. Homeowners love it when you reroof their house, paint the exterior or unclog their drains, but get upset when the HOA won't replace a lightbulb on their porch which is clearly spelled out in the rules as their responsibility.
When I purchased my house, there was no mention of the HOA until I went to closing and had already put down a third of the purchase price. When I read the HOA, I did not agree with it and asked for my money back. They refused to return my deposit, but allowed me to buy the home without signing the HOA agreement, which came in handy later on, when I had a disagreement with them. One area of disagreement was a rule against outside antenna's on houses, which they banned for some unknown reason, but were are good distance from the broadcast antennas in New Orleans and needed an outside antenna to receive over the air broadcasts. They tried to make me take down the antenna based on HOA rules. But they lost for two reasons. First: I had never agreed to the HOA restrictions when I bought the house and second, there was a federal law put in place during the thirties that you cannot restrict a person from receiving public communications over the air, later amended in 1996 to include public broadcast satellite communications. "The rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal." I cannot find now the rule number for the original 1930's era regulation. www.fcc.gov/media/over-air-reception-devices-rule
Our new, attractive, well made cedar fence, exactly like a dozen others in the neighborhood, was not pre-approved by our HOA. They asked us to take it down. "Ok," said my quick thinking husband, "there's no restriction on clothes lines, so my laundry will have to provide privacy to my back yard." Our fence got approved on the spot.
Speaking as a former car dealer, I don't think it should be difficult to establish that in the automotive trades there is a distinct difference between body and paint. They are two distinctly different categories. If a vehicle has body damage, it requires body work. If a vehicle doesn't require body work, you can't legitimately say it has body damage. A car can have no paint on it whatsoever, yet not have any body damage.
I was thinking about buying a condo, but then doing research I found out that the HOA can raise the fee and levy for upgrades the board chooses and if you can't sell you still need to pay...no way.
Homeowner associations should be outlawed. Edit: I just saw the picture of the truck and it is not damaged, it is worn. It has "character" which is more than can be said for the HOA.
I once owed a condominium. If you want to see a room full of otherwise normal adult people reduced to behaving like Kindergartners, just go to a monthly condo board meeting. If EVER there was a thankless job, it's being a volunteer member of a HOA board.
I would never buy a home with an HOA for myself. It's an intrusion on property rights that I'd avoid. I do own a condo which I rent out, though. I got a notice that the balcony was cluttered. Problem is, it's a ground floor unit with no balcony! 😳😳
Any decent judge would rule that the body does not have moderate severe body damage. The paint is not considered the vehicles body. It's listed as two separate entities on the spec sheet so it cannot be considered a damaged body. It can be considered damaged paint but that's not what the HOA rules are. Unfortunately some HOA neighborhoods can change the rules and don't have to grandfather in a clause. So they may be able to screw him over if they change the wording on the bylaws before the court date.
Another HOA ongoing fight is over Radio Antennas used by FCC authorized Amateur radio stations. My antenna was hidden in trees and was painted green but still created conflict so i moved to 40 acres in the country.
I found a house that was almost perfect. The second they said it was an HOA, I went full Sponge Bob. "Ight Imma Head Out" LOL...HOA's will always be a deal breaker for me.
HOA rules should be where every change of rules is filed with the government with a date. If you buy a home you are to follow the current rules as of the date of purchase. If they change the rules later you didn’t agree to those so you shouldn’t be forced to follow them. Or if you are the HOA should be required to make a full price market offer to buy your property.
Better rule for the person who bought the house gets to follow the old HOA rules at the time of purchase. Probably a contract saying the rules change you must follow them. This can get tricky if you went by a old rule and suddenly the HOA calls you out for breaking a new rule. You have to change to comply.
When I hired a realtor to purchase my current home 19 years ago I gave him a list of requirements. The first thing on the list was NO HOA. No regrets here. When push comes to shove and you have a neighbor who really trashes the place there are county codes covering any reasonable issues. I've yet to need that here though. Sure, I see code violations by my neighbors on a weekly basis, but most are temporary and few really bother me. Heck, I have a several violations myself.
I wish we could post photos here. My former work truck (1980 ex-forestry service heavy duty Chevy Suburban) was dubbed "The Pickle" by my beloved late wife. It was BIG. GREEN. BEATEN TO HELL. But, we loved it. It had a plywood & plexiglas home-made tailgate. Bungee cord to hold the driver door shut. Impossible to damage. It wouldn't be a problem for this HOA, because with one glance, their heads would EXPLODE, and there would be no survivors to complain!!
I did a stint as a property manager. Gr8 money but incredible headaches! I found that board members tended to be folks that lacked any control in their daily lives & enjoyed exerting their will while board members. I've been sent out with a ruler to measure grass, a camera to document tge color of shutters & one time to put a lien on a major basketball stars house. I'll never live or work for an HOA again!
The worn paint is "wear", not "damage." Everyone understands the difference between wear, occurring during normal use, and damage, occurring during accident or abuse.
Steve, It's not always the HOA rules that are in effect when you buy a house, but rather the rules that they add after you are committed and living there that are the problems.
I heard about a guy who was forbidden to build a deck by an HOA so he placed a party boat on a trailer next to his side door and used it like a deck LOL, I would never buy a place where theres a bunch of busy bodies complaining constantly about trivial bullshit.
If you buy a home with an HOA you deserve what you get. I’ve seen this truck. It’s a beautiful piece of automotive history. I hope the judge is a car guy and not a tyrant.
a friend of mine had a 1966 chevelle numbers matching , only 1 thing wrong with it the front windshield was broken in transport before the windshiled got there the HOA had it towed away .. cost the HOA 14k in fees to return the car .. Damage to the car they towed it in gear .. engine was destroyed
A fun Law/Court Question I'd like to hear your take on: If you are a witness at a trial, and one of the attorneys asks you a question, then you begin to explain your response, then the attorney cuts you off, saying, "Answer yes or no please." ... can you charge that attorney with subornation of perjury? 😠 After all, I would have sworn to tell the the truth, the WHOLE truth, and nothing but the truth -- but a yes or no answer would not be the whole truth. That attorney is attempting to force me to violate my oath by intimidation to prevent me from telling the whole truth. What say you? Subornation or not?
Last time I was house shopping I did stop in to an HOA community. I asked the agent for their CC&Rs and regulations and she handed me a book the size of a medium sized town phone book (15 years ago). I politely scanned some mouse print for less than a minute and then said "Thanks for your time..."A condo or HOA might be fine for some, but not for younger, active people who have hobbies and families. One thing I absolutely abhor...Portable basketball goals, especially on streets and other common areas, and their selective enforcement. If you want to run an HOA community, fine, but don't play favorites.
Isn't "moderately severe" an inherent contradiction? If a vehicle has body damage, it is either severe damage or it is moderate damage (or perhaps minor damage).
This is a great point. If you are making rules you will have to eventually enforce you need accurate bench marks for enforcement. If you have general wording and no definitions, you look like a bully instead of a rule monger. No one likes being told how to live their life, but if you can point out that it's what they specifically agreed to and that there is infact no misunderstanding or an unreasonable biased targeting; it gives you firmer ground to stand on when it does come to enforcement.
I will NEVER live in a place with an HOA. I will sleep in the bed of the truck before I enter into a set of rules with retired nosey nellies and busy bodies behind the helm.
The horror stories I read.... I will gladly mow my own lawn. HOAs are full of overzealous narcissists who enjoy making other people's lives miserable over the most innocent and reasonable things
Steve, the issue, as you point out, is the definition of moderately severe and the definition of body damage. Moderately severe is vague enough that it should have no standing in the court, it is the same as "too loud" which the Florida Supreme Court tossed because it was subjective, ie., an opinion, not fact. Classing paint deterioration as body damage is the same as classing depreciation with theft. A shaving cut is not the same as sunburn. That clause in the HOA Rules and Regulations (R&R)should be declared unenforceable by the judge because it relies on a subjective opinion, not a verifiable truth as well as, in this specific instance the rule is inapplicable because there is no damage, there is only decay. Let's hope the judge has seen the kind of amateur contract represented by the R&R in this case and won't let the HOA prevail.
@Steve Lehto. From Sodak here. Love watching your videos. Would love to hear an update on how this plays out. Looking forward to seeing the outcome. I hope this guy prevails.
From all definitions of "patina" makes no mention of "damage" BUT does mention several times that it's actually a sought after condition of not just vehicles but brass, copper and other metals.
If you buy a property that has any sort of association your just asking for the busy bodies of this world to try and push you around. Sooner or later said busy bodies will take over the association. Not for me.
My nephew lived in a condo in AZ 20 years ago. The 2nd story units had an outside patio that had about a 4' high solid wall. The HOA had some stupid rule about having ANYTHING on that little patio, even if it wasn't visible over the top of that wall. The HOA even had a little "goon squad" with ladders and once a month they'd go around and climb the ladders to make sure those patios had nothing there. My nephew got a citation for having 2 folding chairs on his patio. He didn't stay there long. He might have been renting.
Body damage is not paint damage. Body is panels, or the underlying structure. That is a technical definition. I should know, I worked in a body shop. I worked in paint, and that is not easily confused with body damage.
"Damage sounds like the result of something." One could make the argument that "time and exposure to the elements" satisfy that requirement. Personally, I agree, this truck doesn't appear to be an eyesore, and I also think there's no way I could live under an HOA at this point in my life. Hopefully he gets a favorable judge who has experienced time and exposure to the elements and doesn't consider the result to be damage. :)
I came very close to buying a house, then I read HOA CC&Rs and said no way. I actually stopped at the phrase that essentially said your garage door could only be open for inserting or removing your car. Deal breaker right there. Of course I also was not thrilled with the house color and landscaping requirements. No thanks.
Between the required fees and the crazy regulations, I will intentionally avoid any home with an HOA over it. That said - I AM one who has complained to my apartment complex about vehicles in disrepair on my road, but they sat for 6+ months unused with flat tires and in 2 of the 3 cases were unregistered (no plates). I didn't care if the folks put the vehicles in their garages, but they were parked on the shared roadway and I felt like I was driving through a junkyard to get to my unit.
There is far too much rural property available inthe USA to live under these regs. No water or mineral or property restrictions of any kind and In most cases few neighbors to contend with. People consistently put thierselves in these positions willingly but know very little about what they are actually signing up for later. I have on rule, HOA=RUN AWAY. As far as the truck is concerned, go to 3 professional body shops and get statements that no body damage to the vehicle is seen. At least give the judge something to rule in his favor
The idea of an HOA seems a good one on the surface. The problem is the people who often end up on their boards are basically bullies who just want to boss people around. Often those are retirees with nothing better to do than poke their noses in where they aren't needed or wanted. I'd never buy a home that was subject to HOA rules.
Apart from bullishness as a needed criteria to be on board of HOA, don't forget they all have another common character/need. They like and want free dinner!
I did construction work in Arizona on a home major remodel in an hoa they had a policy that no one could park on the street I didn't think it that weird but someone wrote a note and put it under my windshield wiper that said they didn't like the way my truck looked in the driveway and asked my to park it inside the garage that my truck didn't fit in.
Before we bough tour house we found two we liked. One in an HOA one not. Went to an HOA meeting and the things they were talking about were so asinine that my wife and I on the drive back to our apartment both looked at each other and said we are getting the one without the HOA these people at this HOA are crazy with power! It was ridiculous! Glad we did that because I would’ve gone bat excrement crazy had I bought the other one and had to deal with those idiots
@oldman baller50 - so... it REALLY suxs when you make that decision to later have a group of neighbors (sharing the same hatred of your classic truck in your driveway) to hire a lawyer and create an HOA. I've seen that done - one particular situation was in a very rural setting.
I watched the local news video on this story before I watched this one and I was sitting there asking myself why the HOA keeps saying it was body damage when to me it was clearly a patina finish. There is a car company I’m California that takes classic cars and completely rebuilds them but uses the outside undamaged body panels and leaves the paint the way it is to give it a patinaed finish. Totally agree with Mr. Lipka on this one! The body of this truck is in perfect shape which amazing for a truck that is almost 60 years old!
I really enjoy your channel and the information you share. I want to thank you for pronouncing "Missouri " properly. My Grandfather was born and raised in Missouri and taught me the proper pronunciation when I was a young child. Tons and tons of thumbs up for you 👍👍👍👍👍👍👍
I just watched your video from earlier today and made a comment....but my comment clearly fits this video better because it’s about my ugly truck. Lol “Ughhhh. It’s interesting seeing it from the other side. I was encouraged and then promptly discouraged from joining the board by the same group of people. The management company is ok and we are so small with only 24 units that it’s hard to get anyone to volunteer. One guy has now bought more than half the units and continues to depress the values, no mortgage lenders will lend so only cash buying investors could buy, which has lead to several people saying F-it and letting them go into foreclosure.....which main guy buys up cheap......he’s now president if the board. Well......he hates my big ugly lifted truck and had tried to use every loophole to get it towed. Mind you.....we have parking decals and my 3 vehicles are all registered.....out of all the owners and tenants.....mine are the only ones registered and with parking decals. Lol But he says there’s Not enough parking for multiple vehicles (I have 3 and there’s no limit because there’s 60 parking spaces for 24 units lol), my truck isn’t running (I started it up and drove around in a circle to another spot to show them), it’s not inspected.....that’s the big one. I haven’t inspected it in 15yrs and don’t want to.....so yeah I’m the trouble maker. But in Virginia it’s being inspected isn’t a requirement for road worthiness. It has to be insurers and registered. There’s lots of loopholes for the safety inspection such as Farm Trucks, Fisherman’s Trucks, Antique/over 25yrs old no need for inspection and out of state “residents” as in military with plates from another state (Florida like my dad kept for 25yrs lol) So that one condo by law has no power - there’s half a dozen exemptions to inspection sticker per state. Meanwhile?????? Investor/President has various tenants with 9 cars uninsured, with NO plates, on flat tires, no inspection stickers, broken windows and no parking decals. Meanwhile all my vehicles are insured, registered, drivable and have proper parking decals. When I complained about my truck being singled out to management company, they got President investor to back down cuz I was gonna sue them all into oblivion. Meanwhile, have had a roof leak for two years that’s only been covered up with a tarp and non working gutters and drainage on front side of house so that my exterior and interior walls are rotten from flooding my downstairs every time it rains.....but they don’t have the money to fix it right now. 😡”
Insurance company definition....minor-scratches, small dents, cracked headlight...moderate-large dents, doors that can't open... severe-bent,twisted frame, whole side damaged. It sounds like the HOA is stretching things alot to say that the truck has moderately severe damage. I would be interested to know why the truck can't be exchanged with one of the vehicles parked in the garage. I'd also be interested to find out what solutions the HOA has suggested. Maybe there is a lot of friction with the HOA and this man even before the truck incident. If I was on the jury or the judge, I would decide in favor of the man with the truck.
Even if you considered Patina "damage", it's not "body damage." It's "paint damage." Body damage would be things like dents, crumpled areas, gashes, bullet holes, etc.
My last neighborhood had a Homeowner assoc. that became inactive perhaps by apathy. No enforcement or dues were required when I bought my home, but there were no obvious violators despite that fact. That would be a tough assoc. to get restarted with over 100 homes involved. We were eventually annexed by a wealthy neighboring city that had high code standards, but no HOA or dues of course.
I'm a former sheet steel fabricator, and I have worked with a few panel beaters over the years. They have beat many panels, but never beat a coat of paint. That truck doesn't have any body damage.. it has worn paint. Mr Lipka should not only get his court costs, but I reckon something for his trouble.
I've done carpentry work in HOA communities in FL- one allows no trucks, vans, boats, campers to be owned & motorcycles cannot even enter the community! Another one required the garage doors to be closed at all times (except when driving in) the owner gave me the clicker to open/close the door every time I went out to my truck!
It's bad enough when the rules are enforced in ways you didn't expect, but what happens if you buy a house and then the HOA votes in a rule you don't want?
Supposedly in Arizona there was a home owner that had a lien placed on his home by the HOA and the home owner went and either shot the place up, shot someone, or threatened to. Supposedly now an HOA can fine you and accumulate fines BUT can not put a lien on a home unless the HOA takes you to court. We had one issue with our HOA. We put in an architectural request to paint our home, had the colors all approved. You would think they would have a selection of pre-approved colors but no. We put in the document 3 colors, the main, most of house color, the trim, and pop out color. The garage we stated would be the main color. I filled it out in error and wanted the garage the pop out color. 6 months later I am told I am in violation of the approved architectural document and must paint the garage the color of the main home, which was a light brown, the garage and poppets are cream. I asked if I could fill out another architectural document and they said yes and I did. It was denied. I asked if I could appeal in person. I did and lost. I then asked them if the color of the garage MUST match the main color of the home. They said "No" and in fact other homes have the garages lighter in color than the main home. INFACT one home has our EXACT color scheme, including identical color and paint manufacturer. I asked if our color was no longer approved and they said no, still and approved color. I asked if the first architectural document must remain in effect for any specific time before another can be submitted and they said no. I was told that they just didn't like my color combination even though another home had the same identical color/paint brand. In fact I went to that home to get the color names and brand of paint AND his garage was the lighter color. Again I made a mistake in the architectural document and meant to match his color scheme identically. Ended up that I wrote them an email asking them for educational degree/certification that there was a designer on the board to professionally evaluate that the color of our home devalued the neighborhood or perhaps our home was, perhaps the best on the block. Eventually they dropped it, no fine, no nothing. I have no idea what their problem was or why all the effort. YES, I could have simply painted the garage BUT I really do believe our home and the other in our association are the most attractive. Anyway they dropped it. I do see the value of an HOA as I might not want a shocking Blue home with Orange and Yellow strip garage BUT HOAs can be a little overly aggressive on somethings.
If I ever moved to America I would never rent/buy a house under a HOA. With the regards to the truck, it doesn't break the rules. The HOA rules are clear, body damage, Paint pertina is not body damage under any definition. Obviously the HOA doesn't like the look of the pertina but that doesn't make it body damage.
Strange, no views yet there was one down vote.
Probably a traveler ;)
Some people downvote without watching. I have a few people who don't like me. Eventually they will be lost in the sea of upvotes, for which I am deeply appreciative.
It was probably the HOA Covenant Enforcer. Don't they all make decisions without even reviewing the facts?
UA-cam has a pretty massive network. Different sections of the network get updates about view count, likes, comments, etc. at different times. So it's possible that whichever server you connected to got the dislike count update before the view count update. Look up Tom Scott's "Why Computers Can't Count Sometimes" video for a much better explanation.
Always interesting and educational
A good guideline to use when even looking at an area to buy is that if all the mailboxes are identical, there are too many rules there.
My daughter was managing a complex of 120 duplexes which meant 240 mailboxes of which at least half a dozen got smashed each month. She was tired of buying and installing all those boxes so I suggested that the post office might install a couple mailbox terminals at street intersections. They were happy to do so but her renters had a fit. Her answer was, "Don't complain to me, call the post office."
When looking for a new home, I tell the realtor I didn't even want to be shown any home with a HOA. I want it put it in writing on any exclusive agreement we have. I had one realtor tell me no agency would agree to that. He was wrong. If an agent shows us a house with a HOA, they've violated the terms of our agreement and we'll go elsewhere. I hate HOAs that much.
My son was looking to buy a house in the Lehi Valley area of Pennsylvania and specified that there must be no HOA. A realtor found a single story, 3 bed home in the half million price range without an HOA. It was the only house they could find that fit his wishes.
@@JimForeman m
I had a contractor friend who lived in a condo community that had HOA rules against pickup trucks. NO TRUCKS PERIOD! He drove a very expensive pickup washed and shined every week. He was advised that pickup trucks were not allowed!
After attending the HOA meeting with no consideration from them.
He parked the immaculate pickup in his business garage and started commuting in a real beater!
Body damage in my opinion would be damage to the actual outer structure of the vehicle, metal, glass, etc. Paint is a separate function, it is corrosion protection and not part of the body structure.
So if the rule says cars with moderately severe body damage are not allowed, I guess that implies that extremely severe body damage is ok.
You stole my line.
All I'm hearing is reasons why you shouldn't buy a home covered by an HOA.
There's a reason why there are no positive comments about about HOA's. Similar to the way you don't hear positive things about Adolph Hitler, Kim Jong Il, Kim Jong Un, sadass...I mean Saddam Hussein, bin Laden, well, you get the point.
35 Years ago I lived on across the street from a HOA in Vegas. The HOA started to send me notices to repair my place and mow the yard and bills for the dues. I owed the home (along with my friendly banker) the home was 50 years old and in rather rough shape but it was what I could afford and it was NOT PART OF A HOA. My wife and I signed absolutely NO paperwork when we went to the title company when we bought the house. When the HOA served notice to sue me for not doing what they wanted me to do, I finally contacted a attorney. The lawyer I got and I didn't know this was a pit bull on HOA's and he reviewed all my paperwork, checked with the city and immediately countersued on my behave. You can pretty well see where this went. The HOA was trying to get all the homeowners on our side of the street to pay for something that had no benefit and the HOA lost badly. Since that happened I knew to never have a HOA and where I live now is a rural private road with a road association only.
When we were looking for a new house. we told the realtor we DID NOT want an HOA. He took us to a nice house and the first question I asked was, "Is there an HOA here?" He said yes and we told him we were not interested. We left and he looked at the next three houses on his list and didn't go to any of them because they all had HOA's. Found a wonderful house with no HOA and we love it. Best decision ever.
The Werefrog was looking for a house, and The Werefrog said a garage was 100% needed. No garage, no purchase. She showed one house without a garage. The Werefrog told her not to waste time. Garage absolutely needed means don't show houses that don't have garages. That was the only house she showed without a garage because The Werefrog would find a better realtor who wouldn't show houses that don't have all the must haves.
HOAs are examples of what happens when small minded people obtain some position of power.
My wife and I built a house in an established neighborhood that had a "covenant". It was a really easy-going covenant mostly dealing with paint choices and appearance of roof venting etc.... There were even neighborhood picnics organized by the covenant board (which we thought of as a positive at the time). Intelligently, the covenant was set-up to expire after 10 years when it could then be renewed. We built in the 8th year and by the time we moved in there was just a little over a year left.
The chief officer who ran the covenant was a lady that lived next door to us. Her behavior was somewhat reminiscent of the next door neighbor "Gladys" in the old 1960s TV series "bewitched". Always coming over with helpful little "suggestions" about what to do with our new house, yard, garbage cans etc.... Her yard was immaculate and beautiful and anyone who didn't live up to her expectations got a friendly little knock on their door suggesting a change. After a year of this literally everyone in the neighborhood voted to not renew the covenant. The chief reason we knew was "Gladys". There was a big sigh of relief a few years later when she and her family moved across town to a much more expensive development that likely offered her a more robust HOA! ;-)
This is why the first step is to not buy in an HOA neighborhood. The second step is to catch the HOA doing something shady, and I’m sure most are. Step 3 is to run for the HOA board and dismantle it from the inside.
Even if the dude with the truck wins the case, the HOA is going to make his life as difficult as possible.
In which case, he could use that as a reason that his home should be removed from the HOA. If his family can prove that the HOA is retaliating for losing in court, the judge could disolve the HOA's authority over that property, and that, in turn, could snowball into the dissolution of the HOA, itself.
At what point would it become harrassment by the HOA?
Rule #1 when buying a house. Don't buy a house that has an HOA. Rule #2 don't buy a house inside city limits (if you can help it) You will not get anything in return for your property taxes.
@Robert Adams
Agreed. I own 3 rental houses in HOAs and they can be a pain in the rear.
I sat on the board for one of them and was the voice of reason but we only had 2 board members.
The kind of idiotic cases that came to the board were mind boggling. The management company does the inspections and violations. The board gets to deal with the challenges and irate owners.
It was really the inspector that was the cause. It is some retired old prune that nitpicks at everything.
Most of the cases that came before the board we dismissed.
@@mark98115
I would continuously refer to the inspector when talking about the source of the complaints, to direct the homeowners' rage to the appropriate place.
Isn't it true that patina isn't even admissible in court?
(Sorry, Mr. Lehto, I simply could not resist.)
The human body acquires “patina” through aging. Should rules be made avoid older “ugly” residents?
My town is trying to pass a county wide ban on parking trucks on your own property. I commented on your video about Kentucky and tattoos. That comment applies here too. This is what you get when you beg lawmakers at any level to micro manage your lives! Work trucks are hated too.. they don't like the trucks but they like the money they earn..
The challenge with HOAs is that the directors can change over time. What you agreed to when you purchased may not be the rules 10 years later.
Case in point: my HOA decided they needed a "junk car" rule. So, they wrote one using the word "vehicle" instead of car, figuring they'd also include derelict boats and other eyesores. The problem was that their definition of a "junk car" was "unlicensed or un-inspected", didn't define "vehicle", and didn't say that the vehicle had to be parked outside. It took 30 seconds to explain to the board of directors how every one of them had a boat (un-inspected), ATV (un-inspected), golf cart (unlicensed, un-inspected), moped (un-inspected), riding lawn mower (unlicensed, un-inspected), etc... and that, even keeping it out of sight in the garage was still in violation of the rule. When it was pointed out that the township had a "junk car" rule that took an entire page to define what a "junk car" was, they agreed to rescind the rule (much to those of us who have an antique car or five).
I came close to suing an HOA in Tampa for a few reasons - 1. not enforcing the rules against no pitbulls or aggressive breeds; 2. a neighbor upstairs who was drilling pounding and doing home improvement all night long - I found out why he was doing it - he was getting free rent to renovate the unit. I came close to losing my mind. I eventually moved out. I learned a lot about the little Hitlers known as HOAs. There was one a few years ago that fined the resident for their kids using sidewalk chalk.
I will never ever live in an HOA ever again. Once was enough and never again.
I remember a few years back where an HOA was demanding somebody put their F150 in the garage but the Lincoln Blackwood next door was okay because Lincoln
So me and my wife PURPOSELY, bought a house in an HOA controlled location. I carefully read over the bylaws and all and was fine with it. We wanted our kid to grow up in a "safe" neighborhood and etc... So first month we are there I get a notice that my wrecker violates the HOA bc its "oversized". I call and ask about what is the number of that bylaw. None given...its just too big. I state thats not a LEGAL framework, sue me. 2 months later, another notice, this time truck is a commercial vehicle. I call back, "Cite the bylaw." None given, commercial vehicles arent allowed. "Sue me then." The WHOLE time I am paying my monthlies to the HOA on checks with the company logo on them. Finally after about 6 months of being there, I get another notice that my truck is in violation bc it is ugly. So I call up, "Are you at the offices?" "Yes I am" "I am going to be there in 10 minutes IN MY TRUCK that pays YOUR DUES." We are going to talk. So I show up, I ask the manager, what the HE%% his problem is and how it is he has NO issue cashing my checks but continues to harass me about the truck. He proceeds to state the usual BS "Its ugly, big, there have been calls." etc... I tell him that I will comply with ANY bylaw they can cite and if the calls are annoying them I suggest they send those folks a nice letter like I keep getting. I also state that if they write me another notice without a bylaw cited Ill consider it harassment and will sue. Lived there 9 more years and never heard a peep.
Well played!!!
I was in a very similar situation. My car was in the process of paint and the HOA said it was body damage. When appeared before the judge I had 3 estimates from 3 body shops. No damage to repair, just paint. Lawyer compared to a doctors visit. Your broken arm is 'body damage' , the ugly make-up you put on your face is 'paint'.
My opinion, a worn paint job is not "moderately severe body damage", ugly yes. I spent some time searching for what is considered body damage. Weathered paint, rust, etc is considered body damage by most repair shops. That said, I doubt any repair shop or insurance adjuster would call weathered paint "moderately severe body damage". Hope Andy Lipka wins this case.
I had a chance to buy a brand new custom built house in a new development when I got married to my first wife. We loved the house. I asked if there was an HOA. the realtor gave me the bylaws. I read them all got in my pickup and started to leave. She asked why. I'm a semi truck driver. I want to be able to park my truck at my house in my drive way. I want a boat and be able to park in my back yard. Not to mention a travel trailer or RV and motorcycle.
So I'm not buying this.
Smart move!
my dad owns a mfg house on a plot of land he owns outrite. then his neighbor sold his field and a trailer park got built there and they started an hoa . that hoa tried to sue my dad for not mowing his lawn. long story short . dad now owns the trailer park :)
Bahahaha love it
How did that work out
Been on an HOA board 4 times. Homeowners love it when you reroof their house, paint the exterior or unclog their drains, but get upset when the HOA won't replace a lightbulb on their porch which is clearly spelled out in the rules as their responsibility.
When I purchased my house, there was no mention of the HOA until I went to closing and had already put down a third of the purchase price. When I read the HOA, I did not agree with it and asked for my money back. They refused to return my deposit, but allowed me to buy the home without signing the HOA agreement, which came in handy later on, when I had a disagreement with them. One area of disagreement was a rule against outside antenna's on houses, which they banned for some unknown reason, but were are good distance from the broadcast antennas in New Orleans and needed an outside antenna to receive over the air broadcasts. They tried to make me take down the antenna based on HOA rules. But they lost for two reasons. First: I had never agreed to the HOA restrictions when I bought the house and second, there was a federal law put in place during the thirties that you cannot restrict a person from receiving public communications over the air, later amended in 1996 to include public broadcast satellite communications.
"The rule (47 C.F.R. Section 1.4000) has been in effect since October 1996, and it prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal."
I cannot find now the rule number for the original 1930's era regulation.
www.fcc.gov/media/over-air-reception-devices-rule
Imagine buying a property and not being able to do what you want with it. HOAs are a joke.
Our new, attractive, well made cedar fence, exactly like a dozen others in the neighborhood, was not pre-approved by our HOA. They asked us to take it down. "Ok," said my quick thinking husband, "there's no restriction on clothes lines, so my laundry will have to provide privacy to my back yard." Our fence got approved on the spot.
Speaking as a former car dealer, I don't think it should be difficult to establish that in the automotive trades there is a distinct difference between body and paint. They are two distinctly different categories. If a vehicle has body damage, it requires body work. If a vehicle doesn't require body work, you can't legitimately say it has body damage. A car can have no paint on it whatsoever, yet not have any body damage.
I was thinking about buying a condo, but then doing research I found out that the HOA can raise the fee and levy for upgrades the board chooses and if you can't sell you still need to pay...no way.
Homeowner associations should be outlawed. Edit: I just saw the picture of the truck and it is not damaged, it is worn. It has "character" which is more than can be said for the HOA.
I’ll never buy property in an HOA. Their are LOTS AND LOTS AND LOTS OF EXAMPLES of how horrible they are.
I once owed a condominium. If you want to see a room full of otherwise normal adult people reduced to behaving like Kindergartners, just go to a monthly condo board meeting. If EVER there was a thankless job, it's being a volunteer member of a HOA board.
On NCIS last night Gibbs was driving an older F-250.
As a former board member, let me tell you emphatically: "NEVER BUY/LIVE IN AN HOA PROPERTY!"
Yeah, I can't understand why anybody would want to add yet another body of people telling them what they can and can't do on their own property.
I would never buy a home with an HOA for myself. It's an intrusion on property rights that I'd avoid. I do own a condo which I rent out, though. I got a notice that the balcony was cluttered. Problem is, it's a ground floor unit with no balcony! 😳😳
Any decent judge would rule that the body does not have moderate severe body damage. The paint is not considered the vehicles body. It's listed as two separate entities on the spec sheet so it cannot be considered a damaged body. It can be considered damaged paint but that's not what the HOA rules are. Unfortunately some HOA neighborhoods can change the rules and don't have to grandfather in a clause. So they may be able to screw him over if they change the wording on the bylaws before the court date.
Another HOA ongoing fight is over Radio Antennas used by FCC authorized Amateur radio stations. My antenna was hidden in trees and was painted green but still created conflict so i moved to 40 acres in the country.
You are much better off. I am also an Amateur Radio operator. Since you have forty acres you have room for plenty of towers.
I found a house that was almost perfect. The second they said it was an HOA, I went full Sponge Bob. "Ight Imma Head Out" LOL...HOA's will always be a deal breaker for me.
@@ceruleanc505 Props to anybody old enough to get that reference. LOL
HOA rules should be where every change of rules is filed with the government with a date. If you buy a home you are to follow the current rules as of the date of purchase. If they change the rules later you didn’t agree to those so you shouldn’t be forced to follow them. Or if you are the HOA should be required to make a full price market offer to buy your property.
Better rule for the person who bought the house gets to follow the old HOA rules at the time of purchase. Probably a contract saying the rules change you must follow them. This can get tricky if you went by a old rule and suddenly the HOA calls you out for breaking a new rule. You have to change to comply.
@@kurtwetzel154 HOA can actually pass rules that are against current laws and they can still enforce without issue. It’s a sad thing.
When I hired a realtor to purchase my current home 19 years ago I gave him a list of requirements. The first thing on the list was NO HOA. No regrets here. When push comes to shove and you have a neighbor who really trashes the place there are county codes covering any reasonable issues. I've yet to need that here though. Sure, I see code violations by my neighbors on a weekly basis, but most are temporary and few really bother me. Heck, I have a several violations myself.
I wish we could post photos here. My former work truck (1980 ex-forestry service heavy duty Chevy Suburban) was dubbed "The Pickle" by my beloved late wife. It was BIG. GREEN. BEATEN TO HELL. But, we loved it. It had a plywood & plexiglas home-made tailgate. Bungee cord to hold the driver door shut. Impossible to damage.
It wouldn't be a problem for this HOA, because with one glance, their heads would EXPLODE, and there would be no survivors to complain!!
I did a stint as a property manager. Gr8 money but incredible headaches! I found that board members tended to be folks that lacked any control in their daily lives & enjoyed exerting their will while board members. I've been sent out with a ruler to measure grass, a camera to document tge color of shutters & one time to put a lien on a major basketball stars house. I'll never live or work for an HOA again!
The worn paint is "wear", not "damage." Everyone understands the difference between wear, occurring during normal use, and damage, occurring during accident or abuse.
they don't like the truck and believe in dictatorship ^_^
I wouldn't live in an HOA if it were free. I'll be damned if I pay someone else to tell me how I can live on my own property
Steve, It's not always the HOA rules that are in effect when you buy a house, but rather the rules that they add after you are committed and living there that are the problems.
One of the rules you agree to when you close on the property is the amendment process to the rules.
I heard about a guy who was forbidden to build a deck by an HOA so he placed a party boat on a trailer next to his side door and used it like a deck LOL, I would never buy a place where theres a bunch of busy bodies complaining constantly about trivial bullshit.
If you buy a home with an HOA you deserve what you get. I’ve seen this truck. It’s a beautiful piece of automotive history. I hope the judge is a car guy and not a tyrant.
To be honest, I want nothing to do with an HOA.
a friend of mine had a 1966 chevelle numbers matching , only 1 thing wrong with it the front windshield was broken in transport before the windshiled got there the HOA had it towed away .. cost the HOA 14k in fees to return the car .. Damage to the car they towed it in gear .. engine was destroyed
A fun Law/Court Question I'd like to hear your take on: If you are a witness at a trial, and one of the attorneys asks you a question, then you begin to explain your response, then the attorney cuts you off, saying, "Answer yes or no please." ... can you charge that attorney with subornation of perjury? 😠 After all, I would have sworn to tell the the truth, the WHOLE truth, and nothing but the truth -- but a yes or no answer would not be the whole truth. That attorney is attempting to force me to violate my oath by intimidation to prevent me from telling the whole truth. What say you? Subornation or not?
Just tell him you can't answer that question truthfully with "yes or no", that his question has an incorrect assumption in it.
Last time I was house shopping I did stop in to an HOA community. I asked the agent for their CC&Rs and regulations and she handed me a book the size of a medium sized town phone book (15 years ago). I politely scanned some mouse print for less than a minute and then said "Thanks for your time..."A condo or HOA might be fine for some, but not for younger, active people who have hobbies and families. One thing I absolutely abhor...Portable basketball goals, especially on streets and other common areas, and their selective enforcement. If you want to run an HOA community, fine, but don't play favorites.
Isn't "moderately severe" an inherent contradiction? If a vehicle has body damage, it is either severe damage or it is moderate damage (or perhaps minor damage).
This is a great point. If you are making rules you will have to eventually enforce you need accurate bench marks for enforcement. If you have general wording and no definitions, you look like a bully instead of a rule monger. No one likes being told how to live their life, but if you can point out that it's what they specifically agreed to and that there is infact no misunderstanding or an unreasonable biased targeting; it gives you firmer ground to stand on when it does come to enforcement.
I will NEVER live in a place with an HOA. I will sleep in the bed of the truck before I enter into a set of rules with retired nosey nellies and busy bodies behind the helm.
The horror stories I read.... I will gladly mow my own lawn. HOAs are full of overzealous narcissists who enjoy making other people's lives miserable over the most innocent and reasonable things
Body damage = dents or maybe rust, not faded paint.
Steve, the issue, as you point out, is the definition of moderately severe and the definition of body damage. Moderately severe is vague enough that it should have no standing in the court, it is the same as "too loud" which the Florida Supreme Court tossed because it was subjective, ie., an opinion, not fact. Classing paint deterioration as body damage is the same as classing depreciation with theft. A shaving cut is not the same as sunburn.
That clause in the HOA Rules and Regulations (R&R)should be declared unenforceable by the judge because it relies on a subjective opinion, not a verifiable truth as well as, in this specific instance the rule is inapplicable because there is no damage, there is only decay.
Let's hope the judge has seen the kind of amateur contract represented by the R&R in this case and won't let the HOA prevail.
@Steve Lehto. From Sodak here. Love watching your videos. Would love to hear an update on how this plays out. Looking forward to seeing the outcome. I hope this guy prevails.
I’d present a black n white photo of the truck to the judge and ask to point out the body damage
From all definitions of "patina" makes no mention of "damage" BUT does mention several times that it's actually a sought after condition of not just vehicles but brass, copper and other metals.
If you buy a property that has any sort of association your just asking for the busy bodies of this world to try and push you around. Sooner or later said busy bodies will take over the association. Not for me.
Even the best of HOAs are only one board election away from going bad.
My nephew lived in a condo in AZ 20 years ago. The 2nd story units had an outside patio that had about a 4' high solid wall. The HOA had some stupid rule about having ANYTHING on that little patio, even if it wasn't visible over the top of that wall.
The HOA even had a little "goon squad" with ladders and once a month they'd go around and climb the ladders to make sure those patios had nothing there. My nephew got a citation for having 2 folding chairs on his patio.
He didn't stay there long. He might have been renting.
Body damage is not paint damage. Body is panels, or the underlying structure. That is a technical definition. I should know, I worked in a body shop. I worked in paint, and that is not easily confused with body damage.
It would likely come down to a definition of "severe" body damage.
I'd say, "Sorry, HOA, but the contract says 'body damage', not 'body or paint damage'. Should have been more specific."
"Damage sounds like the result of something." One could make the argument that "time and exposure to the elements" satisfy that requirement. Personally, I agree, this truck doesn't appear to be an eyesore, and I also think there's no way I could live under an HOA at this point in my life. Hopefully he gets a favorable judge who has experienced time and exposure to the elements and doesn't consider the result to be damage. :)
I came very close to buying a house, then I read HOA CC&Rs and said no way. I actually stopped at the phrase that essentially said your garage door could only be open for inserting or removing your car. Deal breaker right there.
Of course I also was not thrilled with the house color and landscaping requirements. No thanks.
Between the required fees and the crazy regulations, I will intentionally avoid any home with an HOA over it. That said - I AM one who has complained to my apartment complex about vehicles in disrepair on my road, but they sat for 6+ months unused with flat tires and in 2 of the 3 cases were unregistered (no plates). I didn't care if the folks put the vehicles in their garages, but they were parked on the shared roadway and I felt like I was driving through a junkyard to get to my unit.
@@wfermier Yup, vehicles were tagged for tow and were either put inside their garages or were removed in some other manner within a couple days.
Many times the developer can't get an approval from the city/county to start a development. Unless it has an HOA . I lived in 1 HOA and never again.
The HOA is run by a bunch of @$$hole$
The truck is really nice.
I hope he wins.
A condo association is one thing, but in neighborhoods I do not understand why we even need HOAs. Isn't Code Enforcement enough?
There is far too much rural property available inthe USA to live under these regs.
No water or mineral or property restrictions of any kind and In most cases few neighbors to contend with. People consistently put thierselves in these positions willingly but know very little about what they are actually signing up for later. I have on rule,
HOA=RUN AWAY.
As far as the truck is concerned, go to 3 professional body shops and get statements that no body damage to the vehicle is seen. At least give the judge something to rule in his favor
Randall Tufts so...what happens when all the city-dwellers move out to the “rural” areas?
I would LOVE to hear more HOA stories
The idea of an HOA seems a good one on the surface. The problem is the people who often end up on their boards are basically bullies who just want to boss people around. Often those are retirees with nothing better to do than poke their noses in where they aren't needed or wanted. I'd never buy a home that was subject to HOA rules.
Exactly right!!
Apart from bullishness as a needed criteria to be on board of HOA, don't forget they all have another common character/need. They like and want free dinner!
Hey, I've worked on this truck, it is not an eye sore. I hope he wins his case.
Is there a follow up to this story? What happened in court? Or what happened to the truck? Just wondering.
I did construction work in Arizona on a home major remodel in an hoa they had a policy that no one could park on the street I didn't think it that weird but someone wrote a note and put it under my windshield wiper that said they didn't like the way my truck looked in the driveway and asked my to park it inside the garage that my truck didn't fit in.
Before we bough tour house we found two we liked. One in an HOA one not. Went to an HOA meeting and the things they were talking about were so asinine that my wife and I on the drive back to our apartment both looked at each other and said we are getting the one without the HOA these people at this HOA are crazy with power! It was ridiculous! Glad we did that because I would’ve gone bat excrement crazy had I bought the other one and had to deal with those idiots
@oldman baller50 - so... it REALLY suxs when you make that decision to later have a group of neighbors (sharing the same hatred of your classic truck in your driveway) to hire a lawyer and create an HOA. I've seen that done - one particular situation was in a very rural setting.
isitmondayet yes that would really suck.
I watched the local news video on this story before I watched this one and I was sitting there asking myself why the HOA keeps saying it was body damage when to me it was clearly a patina finish. There is a car company I’m California that takes classic cars and completely rebuilds them but uses the outside undamaged body panels and leaves the paint the way it is to give it a patinaed finish. Totally agree with Mr. Lipka on this one! The body of this truck is in perfect shape which amazing for a truck that is almost 60 years old!
HOA's do exist for a reason. That reason is to give bored old people something to do and a reason to whine about their neighbors.
I really enjoy your channel and the information you share.
I want to thank you for pronouncing "Missouri " properly.
My Grandfather was born and raised in Missouri and taught me the proper pronunciation when I was a young child.
Tons and tons of thumbs up for you 👍👍👍👍👍👍👍
Compromise: Lipka uses a car cover when his truck is parked in the driveway.
Normal wear is not damage. Damage, in the rules is not defined, which leads to arbitrary judgements.
Sounds like a patina paint job would fall under cosmetic, and not moderate to severe body damage.
In most states that restrict body damage like rust holes. Body damage is missing, dented, holes in panels. Faded paint is not damage.
I just watched your video from earlier today and made a comment....but my comment clearly fits this video better because it’s about my ugly truck. Lol
“Ughhhh. It’s interesting seeing it from the other side. I was encouraged and then promptly discouraged from joining the board by the same group of people. The management company is ok and we are so small with only 24 units that it’s hard to get anyone to volunteer. One guy has now bought more than half the units and continues to depress the values, no mortgage lenders will lend so only cash buying investors could buy, which has lead to several people saying F-it and letting them go into foreclosure.....which main guy buys up cheap......he’s now president if the board.
Well......he hates my big ugly lifted truck and had tried to use every loophole to get it towed. Mind you.....we have parking decals and my 3 vehicles are all registered.....out of all the owners and tenants.....mine are the only ones registered and with parking decals. Lol
But he says there’s Not enough parking for multiple vehicles (I have 3 and there’s no limit because there’s 60 parking spaces for 24 units lol), my truck isn’t running (I started it up and drove around in a circle to another spot to show them), it’s not inspected.....that’s the big one. I haven’t inspected it in 15yrs and don’t want to.....so yeah I’m the trouble maker. But in Virginia it’s being inspected isn’t a requirement for road worthiness. It has to be insurers and registered. There’s lots of loopholes for the safety inspection such as Farm Trucks, Fisherman’s Trucks, Antique/over 25yrs old no need for inspection and out of state “residents” as in military with plates from another state (Florida like my dad kept for 25yrs lol) So that one condo by law has no power - there’s half a dozen exemptions to inspection sticker per state.
Meanwhile?????? Investor/President has various tenants with 9 cars uninsured, with NO plates, on flat tires, no inspection stickers, broken windows and no parking decals. Meanwhile all my vehicles are insured, registered, drivable and have proper parking decals. When I complained about my truck being singled out to management company, they got President investor to back down cuz I was gonna sue them all into oblivion.
Meanwhile, have had a roof leak for two years that’s only been covered up with a tarp and non working gutters and drainage on front side of house so that my exterior and interior walls are rotten from flooding my downstairs every time it rains.....but they don’t have the money to fix it right now. 😡”
Body damage is either moderate or severe. Not sure what "moderately severe" means.
"What's the difference between rust and patina? About $40,000." -- Lucky Costa, Motor Trend TV
Insurance company definition....minor-scratches, small dents, cracked headlight...moderate-large dents, doors that can't open... severe-bent,twisted frame, whole side damaged. It sounds like the HOA is stretching things alot to say that the truck has moderately severe damage. I would be interested to know why the truck can't be exchanged with one of the vehicles parked in the garage. I'd also be interested to find out what solutions the HOA has suggested. Maybe there is a lot of friction with the HOA and this man even before the truck incident. If I was on the jury or the judge, I would decide in favor of the man with the truck.
Even if you considered Patina "damage", it's not "body damage." It's "paint damage." Body damage would be things like dents, crumpled areas, gashes, bullet holes, etc.
My last neighborhood had a Homeowner assoc. that became inactive perhaps by apathy. No enforcement or dues were required when I bought my home, but there were no obvious violators despite that fact. That would be a tough assoc. to get restarted with over 100 homes involved. We were eventually annexed by a wealthy neighboring city that had high code standards, but no HOA or dues of course.
HOAs are how you keep me out of a neighborhood.
I'm a former sheet steel fabricator, and I have worked with a few panel beaters over the years. They have beat many panels, but never beat a coat of paint. That truck doesn't have any body damage.. it has worn paint. Mr Lipka should not only get his court costs, but I reckon something for his trouble.
This is why I choose to live in county and not in an HOA, and never will.
I've done carpentry work in HOA communities in FL- one allows no trucks, vans, boats, campers to be owned & motorcycles cannot even enter the community! Another one required the garage doors to be closed at all times (except when driving in) the owner gave me the clicker to open/close the door every time I went out to my truck!
There is nothing civil about an HOA.
It's bad enough when the rules are enforced in ways you didn't expect, but what happens if you buy a house and then the HOA votes in a rule you don't want?
You run for the HOA and overturn it.
Paint is cosmetic, there is no structural body damage.
Supposedly in Arizona there was a home owner that had a lien placed on his home by the HOA and the home owner went and either shot the place up, shot someone, or threatened to. Supposedly now an HOA can fine you and accumulate fines BUT can not put a lien on a home unless the HOA takes you to court. We had one issue with our HOA. We put in an architectural request to paint our home, had the colors all approved. You would think they would have a selection of pre-approved colors but no. We put in the document 3 colors, the main, most of house color, the trim, and pop out color. The garage we stated would be the main color. I filled it out in error and wanted the garage the pop out color. 6 months later I am told I am in violation of the approved architectural document and must paint the garage the color of the main home, which was a light brown, the garage and poppets are cream. I asked if I could fill out another architectural document and they said yes and I did. It was denied. I asked if I could appeal in person. I did and lost. I then asked them if the color of the garage MUST match the main color of the home. They said "No" and in fact other homes have the garages lighter in color than the main home. INFACT one home has our EXACT color scheme, including identical color and paint manufacturer. I asked if our color was no longer approved and they said no, still and approved color. I asked if the first architectural document must remain in effect for any specific time before another can be submitted and they said no. I was told that they just didn't like my color combination even though another home had the same identical color/paint brand. In fact I went to that home to get the color names and brand of paint AND his garage was the lighter color. Again I made a mistake in the architectural document and meant to match his color scheme identically. Ended up that I wrote them an email asking them for educational degree/certification that there was a designer on the board to professionally evaluate that the color of our home devalued the neighborhood or perhaps our home was, perhaps the best on the block. Eventually they dropped it, no fine, no nothing. I have no idea what their problem was or why all the effort. YES, I could have simply painted the garage BUT I really do believe our home and the other in our association are the most attractive. Anyway they dropped it. I do see the value of an HOA as I might not want a shocking Blue home with Orange and Yellow strip garage BUT HOAs can be a little overly aggressive on somethings.
If I ever moved to America I would never rent/buy a house under a HOA.
With the regards to the truck, it doesn't break the rules.
The HOA rules are clear, body damage, Paint pertina is not body damage under any definition.
Obviously the HOA doesn't like the look of the pertina but that doesn't make it body damage.