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HOA kicks out grandson after moving in with Grandparent's after his parents died.


crash_davis

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38 minutes ago, tx 3 putt said:

as im creeping up to 55, any y'all have a hot mom in a 55+ community that i can shack up with ?

I’m guessing not many of those types there.  A 55yo in that condition that still live well amongst the masses. While it’s 55 on the low end, my few experiences with them may have well set the age for 65+. Wasn’t too many under 65 running, strolling, or scootering around. 
 

@Mrs Whiggins I don’t disagree. I was talking just a personal peeve of mine wrt the trash can. The only thing that really irritates me to where I wish the HOA would do something is if someone starts getting an oil spot and doesn’t take care of it.  Other than that, idgaf what flowers you like etc that some of the uptight HOA/people cry about.  I’ve only gotten 1-2 letters, both on the yard. Which is funny because my yard is fertilized to a 2x week cutting in summer.  I pulled a Cajun and sent in about 20 lawns on my street that are kept but 1x a week and told them to fuck off. Seems to have worked as it’s been 5 years since we’ve heard from them. 

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All good, I understood you. We all have the stuff we find annoying. Mine is litter. It happens and isn't always the homeowners fault plus Texas has extremely windy days, etc. But folks that leave trash in their yard for weeks or home builders that don't clean up their sites is one that irritates me so I see where you're coming from. So yes, HOAs have their usefulness but sometimes cross the line in weird petty ways.

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Understood on Youth and class.  Let me restate the example....
 
Jewish only community, Veteran only or Asian only community with HOA authority to legally keep all others out?  
 
Is the hurdle for designation simply, a protected class and a group of “I’ll pay a premium to only live with those of Jewish faith” people to establish this type of community?  
 
Seems like there has to be more to the equation.


There are Orthodox/Hasidic Jewish neighborhoods in Williamsburg and Borough Park Brooklyn that blatantly discriminate against non-Jews or even “Gentile” Jews. Everyone knows it but no one would try to enforce the laws there. Don’t get me started on the abuse of welfare by them. No cloak.

How about the Amish?
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If I remember correctly, 55+ in Texas really only means that a member of the household is over 55 (as opposed to the Arizona rule), so there wouldn't have been an issue.  To really restrict the population, you get the 62+ designation and no one is allowed under 62.

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On 1/15/2020 at 1:02 PM, Nice Guy Eddie said:

I hear ya but when you start to make exceptions, who really gets to decide the exceptions. 

Um, the elected HOA president and the elected members of the HOA board?  Don't we have representation for exactly this reason, to make reasonable rules and apply human common sense and judgement in situations exactly like this?

If not, we don't really need HOAs, we just need computers since every rule is now black/white.

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21 minutes ago, Horn of Gabriel said:

Um, the elected HOA president and the elected members of the HOA board?  Don't we have representation for exactly this reason, to make reasonable rules and apply human common sense and judgement in situations exactly like this?

If not, we don't really need HOAs, we just need computers since every rule is now black/white.

I meant past the basic answer, HOA board.  From personal experience I've seen boards make exceptions that eventually force the exception to become the rule from outside authority. Effectively the board is changing the rules without input.

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19 minutes ago, Nice Guy Eddie said:

I meant past the basic answer, HOA board.  From personal experience I've seen boards make exceptions that eventually force the exception to become the rule from outside authority. Effectively the board is changing the rules without input.

I think we all have seen experienced similar. In my experience HOA boards forget that they're not JUST about enforcement, they're also about making reasonable judgement calls - in fact that is their primary purpose, or should be!  When I see HOAs veering too far over to enforcement it's usually for one or more of a few reasons:

  1. People on the board get off on control or conflict and are using it as a power play
  2. The "noisy 5%" of the community has taken over and is terrorizing the other 95% via the HOA (aka little old lady syndrome)
  3. There are one or more lawyers on the HOA board who enjoy shit like Robert's Rules and writing nastygrams 
  4. The HOA was set up incorrectly to start with and requires insane requirements to change anything; I was in a HOA once that required 80% of the ENTIRE community to vote in favor of any rule change.  Average voter participation in the board meetings: 2%, average vote by mail participation: 5%...  Effectively the rules were frozen in place for eternity.

I just don't buy the argument of "but if we make an exception here that locks us into making exceptions elsewhere!" ...because it simply isn't true.  Exceptions are just that, exceptions.  A functional HOA can and should be empowered to make exceptions as needed.  The residents have the power to address those exceptions by replacing the HOA leadership each year if they don't like the judgement calls that they make.  My $0.02.

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The HOA may be bound in its rules that it can’t be selective in its enforcement of rules. I also believe that some states don’t allow selective enforcement. So if they allow someone to break the rules, some busy body neighbor can claim that it affects their home value and sue the HOA for damages.

At the end of the day, they should allow the kid to live there but the grandparents should have moved out to avoid putting their grandson thru this. The grandparents created the housing problem by knowingly breaking rules they had previously agreed to.

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