FFL app in jeopardy! Absurd...

[Destro]

No, they don't fine you, they put a lien on your property for the breach of the agreement and you can end up getting your house sold out from under you.

This!

Each HOA is different, just like every 'hood is different. Some are great places to live, some are a nightmare. I find that the people who talk the worst about them have never lived in one. The benefits far outweigh not being able to put my car up on blocks in the driveway or paint my brick pink.


As a board member on my own HOA, I know mine would say "no" to running a business out of your home, the fact that it would be firearms is moot.

 

[littletommy]

This!

Each HOA is different, just like every 'hood is different. Some are great places to live, some are a nightmare. I find that the people who talk the worst about them have never lived in one. The benefits far outweigh not being able to put my car up on blocks in the driveway or paint my brick pink.


As a board member on my own HOA, I know mine would say "no" to running a business out of your home, the fact that it would be firearms is moot.

I get what you're saying, but I still don't understand the attraction. And no, I have never lived in a HOA governed area. They can actually put a lien on your property? Wow!
We have an abandoned house down the road from us, or had one, the people just moved out and left it to rot. The town came out last summer and cleared the weeds and cut the grass, then had the place condemned. The lot is too small for building a new home there, so the guy next to it bought the lot and now has a nice lawn growing there. No HOA, and a good outcome.

 

[K_W]

I am 1/3 of my HOA, my neighbor, a good friend, is another 1/3.

 

[femurphy77]

My experience with HOA's is that if they don't completely, 110% understand the in's and out's of an issue they will vote against, just because!

I wanted to install a chainlink fence around my yard back in my HOA nightmare days. The allowed up to 60" tall, knowing how they worked I attended the meeting where they decide such things. When it came to my 'request' I was denied based on my drawings showing a 5 foot tall fence. It literally took me breaking out a tape measure and showing those idiots that 60" equals 5 feet.

NEVER AGAIN!!! Those morons are my ex-wifes problem now.I Was so hurt when she said she was keeping the house


NOT!!!

 

[rugertoter]

Man buddy, what a bunch of crap you are having to deal with! I live in a place that is governed by an association too. My wife just had to live here, not me.

 

[Mad Anthony Wayne]

They should change the name from neghborhood association to Nazi association. I hate those groups!!!

 

[theweakerbrother]

Find out what kind of crap she sells out of her house... Avon, Pampered Chef, etc.

 

[IndyDave1776]

I wanted to install a chainlink fence around my yard back in my HOA nightmare days. The allowed up to 60" tall, knowing how they worked I attended the meeting where they decide such things. When it came to my 'request' I was denied based on my drawings showing a 5 foot tall fence. It literally took me breaking out a tape measure and showing those idiots that 60" equals 5 feet.

Unfortunately, the world is full of people who don't have the sense God gave a brick. Scary thoughts are that they reproduce, vote, and drive on the highways.

 

[MikeDVB]

Unfortunately, the world is full of people who don't have the sense God gave a brick. Scary thoughts are that they reproduce, vote, and drive on the highways.

Take the warning labels off of everything and allow survival of the fittest to take it's natural course...

 

[jetmechG550]

No, they don't fine you, they put a lien on your property for the breach of the agreement and you can end up getting your house sold out from under you.

I'd be careful with this.

OP, you may want to consult with an attorney prior to the meeting.

Best,

Joe

A lien for what? A lien if you don't pay dues which are a joke in most cases but trying to disguise a fine as a lien is not legit. I've been rounds with mine, they're pretty much a bunch of ball-less turds scamming money out of the yes men that don't want to buck the system.

 

[MikeDVB]

A lien for what? A lien if you don't pay dues which are a joke in most cases but trying to disguise a fine as a lien is not legit. I've been rounds with mine, they're pretty much a bunch of ball-less turds scamming money out of the yes men that don't want to buck the system.

My HOA took me to court and did end up getting a judgement against me. Long story - but they definitely were able to collect on dues/fines/etc so long as you signed the contract (which was required).

Short version of the story - I was working 12 hour days 7 days a week, ex-wife was supposed to pay the bill and for whatever reason didn't and hid the notices from me.

 

[jetmechG550]

That is for not paying the dues though, HOA cannot by law create laws or impose fines because they are not a government agency. They can try and get you for attorney fees or disguise fines as fees but if they come to you for something like putting a shed up which in our development is a no no and you ride it out to the day before your court date the HOA is left holding the bag. This came directly from the management company reps mouth. I'm not in violation nor am I saying toss all the rules but several of us were trying to get another neighbor for multiple violations and they basically said nothing they could do other than send letters asking to comply. In OP's case I would think it might be more of a zoning thing for a home based business more than some unofficial document created by a bunch of morons with clue to reality. Hell for that matter they shouldn't allow any home day cares or eBay business either.

 

[Ted]

In my HOA, having a garage sale is operating a business.

This is as bad as a kid's lemonade stand being shut down being shut down by the po-po.

 

[Dirtebiker]

This!

Each HOA is different, just like every 'hood is different. Some are great places to live, some are a nightmare. I find that the people who talk the worst about them have never lived in one. The benefits far outweigh not being able to put my car up on blocks in the driveway or paint my brick pink.


As a board member on my own HOA, I know mine would say "no" to running a business out of your home, the fact that it would be firearms is moot.

Like mentioned above.... Is there any day care, babysitters, Amway, E-bay, Avon, Pampered Chef, etc., etc. small businesses in your neighborhood?

 

[MikeDVB]

That is for not paying the dues though, HOA cannot by law create laws or impose fines because they are not a government agency. They can try and get you for attorney fees or disguise fines as fees but if they come to you for something like putting a shed up which in our development is a no no and you ride it out to the day before your court date the HOA is left holding the bag. This came directly from the management company reps mouth. I'm not in violation nor am I saying toss all the rules but several of us were trying to get another neighbor for multiple violations and they basically said nothing they could do other than send letters asking to comply. In OP's case I would think it might be more of a zoning thing for a home based business more than some unofficial document created by a bunch of morons with clue to reality. Hell for that matter they shouldn't allow any home day cares or eBay business either.

If, in the contract you signed, you agreed to certain fines in certain situations - they can sue you for those as well. It's the same with any contract that isn't inherently illegal (i.e. a contract where sex is traded for money would be illegal and unenforceable for example).

A contract that states if you don't do something, you will owe the other party $x.xx - is fully enforceable so long as the contract is not found invalid.

I'm not sure why people seem to think that things they sign and/or agree to are not enforceable. I see this every day in my industry - people seem to think that the contracts they agreed to are not enforceable and unfortunately for them - a few of them have found out how incorrect that belief is.

 

[Sailor]

Everyone hates the HOA till THAT family moves in next door, and they have so much junk in the yard that rodents are a problem, or that old fence or above ground pools is in shambles for years. 90% of our HOA budget goes to snow removal and lawn service. We sued 5 slackers last year and one, including the fines.

If you live in a neighborhood you have to have a good HOA, other wise you better have enough land so that it does not matter.

 

[eldirector]

Actually, I live in a nice HOA-free neighborhood. Rather than threaten each other with a bunch of rules and fines, us neighbors just talk to one another. Weird how that works. Got a problem with me? Walk over and tell me.

Neighbor next door, and one catty-corner behind me both fir your description of "that" family: lots of junk, weeds, dead cars, etc.... I really don't care. I've got a dumpster coming tomorrow for a project I'm working on, and I let both know they can fill it up once I'm done. One was actually thrilled, because he WANTS to clean up, but just lacks the motivation. I'll help him toss some stuff next weekend.

Back to the OP: if your neighborhood is of any size, surely there are other home-based businesses (Avon, Mary Kay, etc...)? Just remind the HOA lady that yours is really no different (just a tad less feminine), and she is always welcome to bring any concerns straight to you in the future. Good luck!

 

[Booya]

Thanks everyone for the responses and help. I have yet to hear from anyone and I just emailed the ATf agent to see if he's reached out yet as he mentioned he would. Like I said I may be prematurely defensive about it, but I just don't have a great feeling.

I do not recall every signing anything as it pertains to HOA. I just closed on the house and moved in. I pay my dues (usually late and reluctantly, but pay them none the less). My neighborhood is small (2 blocks) and I know of several business's run in the neighborhood. I'd hate to bring up the other stuff ie: Avon, Mary Kay, babysitters, the one neighbor that plows driveways in the winter (and gets paid for it), but if I have to I will. I feel confident that if I can sit down with everyone and explain the nature of my business, my background, and my intentions that would be of great benefit to me.

 

[88GT]

It doesn't strictly apply as they're not a governmental entity nor a political subdivision, however:



Per #4, if the city/county allows a business such as an accountant to do taxes, a typist to type term papers, a bicycle repair shop, or a daycare to care for children, your business should be allowed, too.


I would suggest having a copy of the law with you, though make it clear you're not threatening them with it, you're only showing them that the city and county cannot regulate you in that manner. The unspoken message should be that they *should* not either.

Good luck!

Blessings,
Bill

But they CAN regulate residents in that manner. "They" being the HOA. HOA covenants and restrictions are not the residential equivalent of laws. They are accepted voluntarily, not imposed on the homeowners (with one exception that only applies in one particular instance). So while I understand your point, I don't think it has much applicability since the HOA is going to recognize the difference and probably think the OP is trying to question their authority to regulate what takes place in the neighborhood.

No, they don't fine you, they put a lien on your property for the breach of the agreement and you can end up getting your house sold out from under you.

I'd be careful with this.

OP, you may want to consult with an attorney prior to the meeting.

Best,

Joe

Definitely good advice to get an attorney, but it's rare that the house is sold out from under the homeowner these days.

That is for not paying the dues though, HOA cannot by law create laws or impose fines because they are not a government agency. They can try and get you for attorney fees or disguise fines as fees but if they come to you for something like putting a shed up which in our development is a no no and you ride it out to the day before your court date the HOA is left holding the bag. This came directly from the management company reps mouth. I'm not in violation nor am I saying toss all the rules but several of us were trying to get another neighbor for multiple violations and they basically said nothing they could do other than send letters asking to comply. In OP's case I would think it might be more of a zoning thing for a home based business more than some unofficial document created by a bunch of morons with clue to reality. Hell for that matter they shouldn't allow any home day cares or eBay business either.

What is not for paying dues? Anytime the homeowner is bound by his obligations to the HOA to pay--whether it be recurring dues or fines that occur--the HOA has the authority (if it is in the by-laws) to place a lien on the property in an attempt to get the monies if the home is sold. They can't fabricate fees out of thin air; in that you are correct. But they can apply the ones that are set forth in the by-laws, covenants, and restrictions.

Everyone hates the HOA till THAT family moves in next door, and they have so much junk in the yard that rodents are a problem, or that old fence or above ground pools is in shambles for years. 90% of our HOA budget goes to snow removal and lawn service. We sued 5 slackers last year and one, including the fines.

If you live in a neighborhood you have to have a good HOA, other wise you better have enough land so that it does not matter.

No HOA in my neighborhood. I've been here 4 years and haven't had a single instance where I thought to myself: Oh, crap. We should have moved into a neighborhood with an HOA so this wouldn't have happened. Of course, it might be because we are THAT family.

 

[jetmechG550]

88 my reply up a little bit was to Mike for the reason he stated why he went to court. Sorry didn't quote it

Mike you are assuming everyone signs a document. I never did, nor did my wife. When the second management company came in I got into it with them about something i told them to produce the document I signed. 6 years later I am still waiting for them to show me but they are gone now too, got caught scamming a few neighborhoods I was told. I didn't agree to anything.

I currently just had that family move in next door. Sitting high and dry because they won't do anything to them.