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RE: Is this going to far? - 9/5/2008 8:50:39 PM
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kohls356
Posts: 365
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quote:
ORIGINAL: Focusing
It's completely ridiculous!
In southern California there were some HOAs that said people were not allowed to have their garage doors open except for the few minutes it took to pull their vehicles in or out of the garage. And that people were not even allowed to park in their own driveways.
Outrageous!!
That reminds me, I think ours says something to the affect that the garage door should be kept down when at all possible. They must not enforce that though because garage doors are up quite a bit here. I personally don't want mine open though, you never know who may just try to walk in the house.
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RE: Is this going to far? - 9/5/2008 8:52:26 PM
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armydude
Posts: 16931
Joined: 2/12/2006
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quote:
ORIGINAL: deliveredarling
Yeah it is. Since when did a HA decide it had the right to violate the people's rights?
That's the main reason I said what I did to start with. I'd love to see the Constitutionality of this challenged.
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RE: Is this going to far? - 9/5/2008 9:14:18 PM
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deliveredarling
Posts: 2000
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quote:
I'd love to see the Constitutionality of this challenged.
That's what I am wondering. Do they make you sign an agreement and in fine print say that they can change the agreement at any time without notice or consent?
My mom is the one who sent me the link. She;s followed the story and several others like that because of where we used to live. She said that the courts has consistently overruled the HO. I guess their arguments just couldn't stand up in court.
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RE: Is this going to far? - 9/9/2008 4:33:01 PM
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armydude
Posts: 16931
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Once again, I'm wishing that someone would challenge the constitutionality of the HOA...
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No act of kindness is too small when measured by nail-pierced hands.
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RE: Is this going to far? - 9/9/2008 4:53:52 PM
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DougHorton
Posts: 934
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From: Georgia
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quote:
ORIGINAL: armydude
Once again, I'm wishing that someone would challenge the constitutionality of the HOA...
It is not a matter of the Constitution. Just as your company has the right to tell you what you should wear to work, unless they are breaking the Constitution, they are perfectly free to add requirements within their jurisdiction.
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Doug
You may think it strange, but he never likes any assistance. When he made the world, he did not ask the angel Gabriel so much as to cool the molten matter with his wing, but he did it entirely himself. -- Spurgeon
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RE: Is this going to far? - 9/9/2008 4:57:29 PM
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armydude
Posts: 16931
Joined: 2/12/2006
From: NC
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quote:
ORIGINAL: DougHorton
quote:
ORIGINAL: armydude
Once again, I'm wishing that someone would challenge the constitutionality of the HOA...
It is not a matter of the Constitution. Just as your company has the right to tell you what you should wear to work, unless they are breaking the Constitution, they are perfectly free to add requirements within their jurisdiction.
My point is that a homeowners authority does not have the right to tell people how to build their own homes. That is not constitutional. Comparing that to a dress code is not even close.
_____________________________
No act of kindness is too small when measured by nail-pierced hands.
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RE: Is this going to far? - 9/9/2008 5:29:57 PM
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DougHorton
Posts: 934
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From: Georgia
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Yes they do. The Constitution allows for local governments to make local rulings, whether that is a state, county, city, town, community or business.
If you want to challenge the ruling, you have to work at the local level.
_____________________________
Doug
You may think it strange, but he never likes any assistance. When he made the world, he did not ask the angel Gabriel so much as to cool the molten matter with his wing, but he did it entirely himself. -- Spurgeon
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RE: Is this going to far? - 9/9/2008 5:30:58 PM
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armydude
Posts: 16931
Joined: 2/12/2006
From: NC
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quote:
ORIGINAL: DougHorton
Yes they do. The Constitution allows for local governments to make local rulings, whether that is a state, county, city, town, community or business.
If you want to challenge the ruling, you have to work at the local level.
I would be willing to wager that if it were challenged it would be proven otherwise.
_____________________________
No act of kindness is too small when measured by nail-pierced hands.
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RE: Is this going to far? - 9/9/2008 5:39:28 PM
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DougHorton
Posts: 934
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From: Georgia
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quote:
I would be willing to wager that if it were challenged it would be proven otherwise.
If it were challenged, it probably wouldn't get nearly that far. It would be settled in the local civic court.
_____________________________
Doug
You may think it strange, but he never likes any assistance. When he made the world, he did not ask the angel Gabriel so much as to cool the molten matter with his wing, but he did it entirely himself. -- Spurgeon
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RE: Is this going to far? - 9/9/2008 6:41:29 PM
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solarflare
Posts: 798
Status: offline
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I say we build a fort and head 'em off at the pass 
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