What is it about the ‘control’ issues many HOA board members have? And why is it that brand new Ford F-150 pickups are so hated?
The board of the Kimry Moor Homeowners Association in Fayetteville, New York has decided that homeowners David and Arna Orlando are scofflaws because they park their pickup in the driveway instead of in the garage.
Never mind that people all over this HOA park their trucks in their driveways.
No, I strongly suspect the issue isn’t the truck. It’s that somebody on the board thinks the Orlando family are of the wrong race, the wrong income level or because their kid might have smart-mouthed a board member’s kid at school.
I hope the Orlando’s attorney looks at an almost identical case in Texas where the owner of the Ford F-150 got sued for his truck…and he actually won the case against his power-mongering HOA. It’s too bad that HOA homeowners have to pay special assessments to support this kind of insanity.
(link to latest HOA lawsuit against an F-150 owner)
(for the Orlando’s attorney, this might save you a couple minutes of research time)
And yet another!
http://www.foxnews.com/us/2010/07/28/florida-man-spends-k-right-park-driveway/
This quote from the plaintiff’s attorney in FL (Fox News link above) burns me up:
“”I think what people should take away from this is that homeowners should be left alone unless it’s a very serious issue,” said Dan Anderson, Vizzi’s lawyer. “And, certainly, requiring a homeowner to spend over two hundred thousand dollars to defend themselves simply to park a vehicle in the driveway just doesn’t make any sense at all.”
But by leaving HOAs alone, all that results is more abuse and exploitation. Isn’t this EXTORTION by threat of legal suit?
Deborah,
The way I read that is the attorney was saying the homeowners should be left alone not the HOAs. I agree. No homeowner should have to spend any amount of money on litigation just to park their source of transportation on their driveway.
It’s typical of HOAs where the board members think a vehicle is the indication of “high and mighty.” In my HOA two of the officers are constantly seen driving around the neighborhood with their notepads at the ready in their Audi and BMW. The joke is: According to county court records one has a past bankruptcy and the other has had bill collectors in hot pursuit for years. The other joke is while these two love to file lawsuits against homeowners, they have BOTH been involved in litigation after being sued by this very HOA.
If only the homeowners knew the true story about their board members! To me, it all appears to be one big fraud committed on those who buy into the HOA ‘dream!’
I read it wrong, Nila.
For the life of me I have no idea how they could run up the cost for what should be a very small case. Your Honor, they parked their truck against the rule. Here is a copy of the rules. Judge: yes I find by summary judgment for the HOA.
If the HOA cannot produce a copy of the rule against the truck then it is a summary judgment for the homeowner.
That is the real level of this type of case and anything more is purely abuse of the system.
It would appear that the homeowner should be able to sue the individuals including the lawyer who filed the case who were clearly were more interested in punishment by law suit over justice. It is insane to say the least and maybe they should start pulling the right to be a member of the bar for lawyers who clearly abuse the system. Maybe when they start suing the lawyers for damages the cost of these cases will drop or no lawyer will take them. It is the fact that lawyer can make so much money that abuse like this case happens. Why ignore the guilt of the lawyers in these cases?
tom dee,
It’s the process of trying to disbar the attorneys that are making a fortune from HOA lawsuits…lawsuits that should never take place.
I was just in the courtroom when a judge said, “you attorneys have every reason to run up a $50K legal bill for each of your clients because it benefits you!” The courts have BETTER things to do than settle HOA issues that should never even be in our court!”
When I walked out I felt this was one judge that “gets it” about HOAs. I thought he had either heard one too many cases involving nonsense HOA issues or he lives in one. Perhaps both.