Neighborhood Banning My Transit 350 HD! - Page 6 - Ford Transit USA Forum
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post #51 of 59 (permalink) Old 01-04-2017, 06:57:PM
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I recently went through this with my HOA - I've had my Transit for 4 months and one day there was a Violation notice posted on it - per the CCNR "no RVs and no commercial vehicles".

I did my own conversion - installed a raised bed, lighting, solar, etc. But it's not registered as an RV - it's just a cargo van that happens to have a bed and stuff in the cargo area.

But to avoid being towed, I moved the van outside the Association property and parked it on the street. Not that it's a bad neighborhood - but it certainly made me nervous being out of sight.

So, I researched the definition of RV and Commercial vehicle according to the California DMV and Vehicle Code. Turns out that, in California, if it doesn't have a water system and toilet, it's not an RV. Additionally, all pickups and vans are registered commercial - but according to the CA DMV, there is specific definition for commercial use vs personal use. And my Transit with commercial registration is not commercial use.

So, i brought it back into the complex - parked it and put a sign in the front window "Per CA DMV and Vehicle Code, this vehicle is not an RV and not commercial use"

I haven't heard anything for the last month.
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post #52 of 59 (permalink) Old 01-05-2017, 01:15:PM
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Good

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Originally Posted by USMC Vet View Post
larry8061,

A few in our neighborhood, over the years, have asked to be able to deviate from the allowed garage door height, in order to put larger veticles inside. They have all been refused. One had to remove his unauthorized build and bring it into compliance. So when I put my request in (late 2015) , for increasing the garage height and adding doors that were 10', 2 1/2 ' over the limit, I too was expecting a rejection and a fight.

As soon as I turned the paperwork in, it was approved. They advised that because of the necessaty due to my disabilities they couldn't deny the changes.

Local realtor advised me that when I am ready to sell, that there are buyers who will definitely want to buy, since they can't remodel or build a new garage, with what I already have. And HOA can't change an existing approved structure.

Semper Fi

If I were a betting man I would have bet that is how that would turn out. Again the ADA is pretty sacred territory......So now you need an additional waiver for the new van?



Thank you for serving! (which is an additional reason I find HOA's so offensive).


Larry
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post #53 of 59 (permalink) Old 01-05-2017, 03:28:PM
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Originally Posted by larry8061 View Post
If I were a betting man I would have bet that is how that would turn out. Again the ADA is pretty sacred territory......So now you need an additional waiver for the new van?



Thank you for serving! (which is an additional reason I find HOA's so offensive).


Larry


Larry,

My hoa doesn't have a height or length restriction on vehicles (just the garage & door size), but if they did, it wouldn't be a problem since it is a vehicle needed for my disabilities. No waiver was needed for wagon. I've had it for over a year now, no complaints from hoa.

Semper Fi
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post #54 of 59 (permalink) Old 01-06-2017, 01:53:PM Thread Starter
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Noted... Kill them with kindness...
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post #55 of 59 (permalink) Old 01-06-2017, 01:56:PM Thread Starter
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Originally Posted by EL34xyz View Post
Lots of HOA's just blow smoke to see if you will bend to their wishes

Does your HOA have a record of spending money on attorneys to get things done?

If not, I may be inclined to just ignore them
The HOA will follow up and tow if ignored..
Hearing has been set for February 5th...
I'll let you know what happens....
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post #56 of 59 (permalink) Old 01-06-2017, 01:58:PM Thread Starter
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Originally Posted by AndyJack View Post
Yes, ... but no. And a BIG NO, indeed. Regardless of any HOA agreement, Federal, then State, laws trump any -ANY- contractual agreement. ALL HOA's must be in compliance, or they may face the consequences. That fact is exactly why I had previously asked if the right-of-ways were fully owned by the HOA. If so, then you are at their mercy; if not, tell them to pound sand. Always be prepared to exercise your rights.

Basically: You really need to find out who owns the rights to the road.

Best of luck.
The streets are maintained and controled by the HOA (Community) It would be nice if the streets were county roads. I'd have more of a leg to stand on..
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post #57 of 59 (permalink) Old 01-06-2017, 02:12:PM Thread Starter
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Thank you everyone for your most awesome support.

As mentioned, the HOA hearing is set for February 5th.

I'm presently working on my game plan, pulling info from all the great input provided from you. I especially like the ADA and my constitutional rights angle of argument.

Cheers,
GRC
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post #58 of 59 (permalink) Old 01-06-2017, 02:21:PM
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There's always the fallback of physical ailment or anxiety/depression one can utilize. A letter from a chiropractor or doctor stating you need a vehicle of this size because of xyz, and require it within X number of feet of your residence.

An example being anxiety from a diminished view of the road, my wife used that at one point with insurance to get a better rental car w/o add'l cost. Bet it'd work the same.

Shmoo: 2015 T350 LR Wagon, 3.7L/3.73, 15 passenger family hauler.

Last edited by Andre Jones; 01-06-2017 at 02:24:PM.
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post #59 of 59 (permalink) Old 01-06-2017, 04:03:PM
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Originally Posted by surly Bill View Post
I agree that our societal culture is devolving in the USA. Respect for the safety and privacy and concerns of others is rapidly disappearing. People think it is not only acceptable but NORMAL to walk around in public places like stores with their cell phone on speakerphone, and shouting their whole banal conversation into it for all to hear from 50' away. That's just an example that typifies behaviors that are now "normal" among the unwashed masses.

I can definitely understand the desire to insulate from the idiots where you LIVE, because you can't do it in public places anymore. For the last 3 years my next door neighbor was a drug dealing gangbanger who had cars coming and going blaring rap and peeling out 24 hours a day; until he got shot to death this Fall. The neighborhood is really quiet and nice now, people let their kids out in front of their houses and everything. If I lived in an HOA community, I never would have had to endure that. But, in my area I'd never be able to afford that, my house is already worth almost a million, even though it it ghetto adjacent.

If you are not familiar with the movie Idiocracy, watch it. It's where we're heading, fast.
On the contrary, the HOA would likely have done nothing about that, deferring to the police. Who also may well have done nothing.

One of the reasons I have a low roof transit w/poptop instead of a midroof is the ability to fit in my garage should our HOA complain.
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