Seeking legal help on a property claim.

Discussion in 'Off Topic' started by Unknownpro, Jun 13, 2018 at 12:58 PM.

  1. Unknownpro

    Unknownpro Active Member

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    Looking to hire some a legal professional to help on sorting out some HOA claim.

    If you know anyone in the Winston Salem area that can do this work please let me know.

    The back story is that we have a 5x8 trailer and received a warning to move it sight if not being used. It was current in my driveway between my garage door and my car.

    We moved the trailer to the side of our house and I used my garabage cans to block it from sight. So currently you cant see it from the road.

    We have received a $25 charge per day for 30 days now and just received notice of this when we tried to pay out monthly HOA fees.

    Seems like it would be wiser to hire legal advice then pay them. If we pay them they will continue to seek other way of payment if we pay once.

    We can’t move it behind the house because we have a fence and it won’t fit.

    Mark
     
  2. backwoodsshooter

    backwoodsshooter Wut do FC???! Charter Member Supporting Member

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    In a $l-l!t hole on top of a hill
    No help, but another reason why I’m glad I have no HOA bull mess
     
  3. Bailey Boat

    Bailey Boat Senior Member Charter Member Benefactor Supporting Member

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    Fairly simple, go to Harbor Freight and buy a small furniture mover (pallet with 4 wheels) tilt the trailer onto it's side on the dolly and move it behind the fence. When you need it again use the dolly.....
    As for the HOA, you have my condolences....
     
  4. np307

    np307 Happy to be here. Supporting Member

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    It's all gonna depend on how the agreement is worded. HOAs can be tough to deal with. Sorry, no real help here.
     
  5. noway2

    noway2 Senior Member Charter Life Member

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    Since you're in the triad area, Wyatt, Early, Harris and Wheeler in High Point has a good property attorney, Kim Gallimore (male).

    Get a copy of your HOA document and also look up any covenants and restrictions.
     
    Last edited: Jun 13, 2018 at 1:18 PM
  6. Jeppo

    Jeppo Very LARGE Member Supporting Member

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    I was deposed by one of their attorneys about 16 years ago. It still hurts my behind when I drive past their building. I guess that's a good sign for someone looking for an attorney. :eek:
     
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  7. bondjamesbond

    bondjamesbond Senior Member's Elder Charter Member Supporting Member

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    My experience; hire an attorney that intimidates you to represent yourself.
     
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  8. Mike Overlay

    Mike Overlay pull the target, call the range master Staff Member Benefactor Charter Life Member

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    Define "in use"..
    put something on it and call it "in use"
     
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  9. Catfish

    Catfish RIP 1791-2018 Charter Member Supporting Member

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    Rent a bright pink port-a-john, strap it to the trailer, hook the trailer to your truck and park it in your driveway - now it's in use. Add some temporary steps, a couple potted plants and a nice sign reading HOA OFFICE.

    real advice? I got nothing except that a lawyer is going to cost you more than the $750 fine you're trying to fight.
     
    Last edited: Jun 13, 2018 at 2:07 PM
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  10. noway2

    noway2 Senior Member Charter Life Member

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    Gallimore knew the ins and outs of buying property with a private railroad crossing and set us up properly. Nobody else in the dealing did. The seller even tried to get the town mayor to "assure" us that it's no big deal and we shouldn't worry about enacting the proper agreements with NS. Yeah right.

    As much as I hate to admit it, I've had to work two cases with Jonathan Keeler from their office. Another good one to work with. It was delightful and yet painful watching him take apart the contractors we were having misdealings with, and even their attorneys.

    As far as cost goes, hiring an attorney costs $$. Not hiring one can cost $$$$$$$$.
     
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  11. NCMedic

    NCMedic Memento Mori Charter Member Supporting Member

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    Put your garbage cans on it....use it to haul them down to the curb.
     
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  12. Unknownpro

    Unknownpro Active Member

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    These are all good suggestions but if they continue to fine me it won’t help my case.

    I understand that it will cost money for legal help, but at this point I would rather pay the legal help and have them in my pocket so the HOA will leave me alone.
     
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  13. noway2

    noway2 Senior Member Charter Life Member

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    Keep in mind, that they would have to bring legal action to enforce their claim of fines owed, unless you voluntarily pay. I agree, get a lawyer and see where they say you stand.
     
  14. Button Pusher

    Button Pusher Well-Known Member Benefactor

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    Good idea to talk to the lawyer even if you are told to pay the HOA and be done with it.
    There could be an arbitration requirement in situations like this.
     
  15. Covfefe

    Covfefe Member Charter Member

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    Andrew Hart is a good attorney that could help. He has helped me with a few things. Let me know if you need a referral.



    Sent from my iPhone using Tapatalk
     
  16. eddie0225

    eddie0225 Happy,Happy,Happy

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    how big a trailer is it?? sorry read its 5x8 after I wrote this I'd missed it somehow
     
    Last edited: Jun 13, 2018 at 8:25 PM
  17. eddie0225

    eddie0225 Happy,Happy,Happy

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    sent you a pm.. you say you can't put in back yard right because of your fence? what type of fence is it and could it be taken down or apart long enough to move the trailer in the back?
     
  18. Unknownpro

    Unknownpro Active Member

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    I could probably has new door built where I can get it in/out of the back yard but I have had this trailer for years and now the “new” hoa board has a problem.
     
  19. Jeppo

    Jeppo Very LARGE Member Supporting Member

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    If you decide to go the attorney route, it might help for you to go around the neighborhood and carefully note all the other infractions that the HOA is ignoring. I'll bet that, if you really study the CC&Rs, you find tons of infractions. :)
     
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  20. Jeppo

    Jeppo Very LARGE Member Supporting Member

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    Of course, focus first on the homes of the HOA board members. :cool:
     
  21. nc-by-the-c

    nc-by-the-c Si Vis Pacem, Para Bellum

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    Not practicing law just repeating what my neighbor told me to type
    Sorry he was so damn long winded
    Take it for what it is...free advice ymmv



    You may find that in NC if the HOA was aware that you were breaking a rule, or anyone else subject to the rules had or is breaking the rule (it would be nice to have objective proof of this)...and they did not immediately inform/provide a cure period, if uncured they must levy fines as described in the docs, immediately upon learning about it, once someone does something that is obvious like open to public sight, in your driveway, open and notoriously breaking a specific rule and immediate action isn't/wasn't taken by the HOA ...you may find that silence negates their ability to ever enforce that rule on anyone from that silence forward....including you ....having been doing it without them levying the punishment called out in your docs they all of a sudden calling you on it, I may be wrong but I think you may find it worth a shot..your so called HOA board may not be aware of this so educating them may be the hardest part....maybe a letter to the above written by the attorney, uh yeah tell the board you will be sueing them as a board and as named individuals as well....I'd have to ask my neighbor to help articulate some specific damages for you to sue for....oh yeah don't serve on boards...not usually worth the liability

    Oh btw GIS aerials typically go back several years, and are good enough now to see stuff in your driveway from the satellite images...
     
    Last edited: Jun 13, 2018 at 9:03 PM
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  22. larryh1108

    larryh1108 New Member

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    I had the misfortune to be the president of a HOA for 1 year. Huge mistake and headache. I did learn a lot, though.

    The bylaws are the bylaws. If your trailer breaks a bylaw, you will have to pay and abide by the bylaw going forward. You
    will have to pay the daily fine as well and if you don't, they can and will take your house for unpaid fines and/or dues. If it is in the bylaws and if you signed them, you will
    lose no matter how many other homes have infractions. Today it is your home. The board does not have a heart because the bylaws are for every single resident.

    Feel free to hire a lawyer. You will need to pay him/her a retainer, probably $3000 or so. You will pay for the lawyer and then pay the HOA unless the fight is over something that is a vague interpretation in the bylaws (doubtful). The bylaws are very specific and the penalty is also very specific. They will come after you for every penny and they have no fear in taking your house if you don't pay.

    Good luck. I am speaking from experience. I've been on the other side and it sucked. I quit being president after 1 year for many reasons but taking homes away for silly crap was up there on the list. They will not hesitate. They will come after your home.
     
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  23. Unknownpro

    Unknownpro Active Member

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    I think the main problem here is that the bylaws say “no trailers” and the board has changed the ruling to “store out of sight while not being used” the trailer has been move to where you cant see it (behind the trash cans). Even while standing at the road you can’t see it. But they don’t care. They know where it is and for that they want to bill me daily.

    8D1C62E5-D823-4466-8920-B9C00A3B72BC.jpeg They have no grounds against me on the trash cans location because over 1/2 the people have them in the driveway.

    You be the judge? Would you fight this or pay them?
     
  24. Pink_Vapor

    Pink_Vapor Well-Known Member Supporting Member

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    Can you get a few pieces of lattice, hang fake shrubbery/flowers on it and prop it around a couple sides, to hide the trash cans of course.

    Do what a ticked of genius did in Cary. Get noxious weed seeds, freeze them in ice cube trays, toss them in HOA member's yards at night, slingshot if needed. Ragweed, poison ivy, kudzu, etc.
    It gets the seeds to the ground and wet.
    I finally don't have neighbors, and they're happy about that ;)
     
    Last edited: Jun 13, 2018 at 9:28 PM
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  25. nc-by-the-c

    nc-by-the-c Si Vis Pacem, Para Bellum

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    Maybe You only have to abide by what rules were in place when the property was deeded to you, also changing rules typically have massive requirements that usually aren't technically done properly, strict adherence to Roberts rules, quorums, super majorities etc. any mis-step may negate the rule...
    Thanks attorney neighbor!
     
    Last edited: Jun 13, 2018 at 9:29 PM
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  26. nc-by-the-c

    nc-by-the-c Si Vis Pacem, Para Bellum

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    hmm if your original rules read "no trailers" and the new rule is more lienent you may be in trouble.... especially if it just passed and they attacked just after the change,
    Though maybe since they didn't fine you for a long period of time when "no trailers" I can't s e how they can enforce that now, however they might be able,to force out of sight if it is new and they attack everyone who is infracting
    I don't think trash can as out of sight will work, though I think it's funny
    Typical is behind a fence line tall enough to conceal
    It will cost too much to fight, move it behind fence, if you don't pay they will simply lean your house and you can wait to pay till you sell, (unless they have some kind of fine or interest accrual)
     
    Last edited: Jun 13, 2018 at 9:39 PM
  27. larryh1108

    larryh1108 New Member

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    As someone who had to make the decisions, to me, out of sight means behind the building or in a closed garage.
    Out of sight.
    IMO, it is hidden, not out of sight. A vague difference but still a difference.
    I understand your position. I agree that it is ticky-tacky but I'd bet you would lose if you fought it.
    If you can get free consultation, bring in this picture and your contention and see if the lawyer thinks there is a case.
    If he thinks there is, cut him his $3000 check and fight it. Remember, lawyer or not, they are still adding $25 a day on your fine.
    If you fight it and lose, you will be out the lawyer's fee, the past due fines and an additional $25/day you fought it.
    Is it worth it on principle?
    You are the one who decides.
    BTW, HOAs suck. I will NEVER live in a HOA again.
     
  28. Button Pusher

    Button Pusher Well-Known Member Benefactor

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    Do you have a link to the HOA rules? How about covering the trailer up with a cover and leaving it in the driveway?
     
  29. Daedalus-NC

    Daedalus-NC Proud Deplorable & Authorized Contrarian Charter Life Member

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    The
    Board cannot unilaterally change the Bylaws. Check the covenants for your community.
     
  30. Dale Flinchum

    Dale Flinchum New Member

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    Out of sight is out of sight, trash cans get moved for emptying and moved aside for grass mowing thus exposing the trailer. Move the trailer, pay the fine and welcome to the neighborhood.
     
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  31. JimB

    JimB Picking it up slowly. Benefactor Charter Life Member

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    Your neighbor has an ugly fence, but why not build a little ugly fence and put the trailer behind it. Heck it’d be two posts and a wide gate.

    If it was me I’d talk to the HOA president and see if you can reach an agreement whereby you build the fence and they waive the fine. Heck they don’t want your money, they want your compliance.
     
  32. georgel

    georgel Behind Every Blade of Grass Charter Member

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    You don't get it. They will never leave you alone. Been through something similar. It sucks. Even had one neighborhood, in lieu of having a real HOA, was calling the city for every single "infraction" on a daily basis, trash cans left out, grass too long. Never again. Move.
     
    Last edited: Jun 14, 2018 at 1:16 AM
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  33. fishgutzy

    fishgutzy Senior Member

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    Just another reminder why my wife and I will never buy a home in an HOA.
    I know a Jeep owner who walked away at the closing. They did not provide a copy of the covenant before the closing. Lawyers on both side got upset that he actually red it. He got to the part that banned all air compressors and air tools and required application and approval of permits for any power tool or use of power tools on the property. The HOA was not going to budge. He told them what they could do and walked away from the closing. One cannot own a Jeep Wrangler and not own air tools.
     
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  34. fishgutzy

    fishgutzy Senior Member

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    A former colleague said the residents of his HOA got so PO'd at the pettiness and vindictive enforcement that they exercised the bylaw that allowed them to vote to disband the HOA and did.
     
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  35. premise

    premise Member

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    Find a bird nest from some endangered species and put it on the trailer, call local liberal media?

    What is the appeal of living this way?
     
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  36. CZfool68

    CZfool68 Int'l Man of Mystery Charter Member Sponsor Supporting Member

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    From what I can see you have a nice garage. I'd use it. We live in NC. Not like there is bad weather we need to hide our cars from. Put the trailer in the garage and move on. Then spend your time continuously messing with the home owners association. Take notes, pictures and videos of every violation. Make them inforce everything. Get your buddies together and get current busy body a-holes voted out. Take it out. Like Eastwood did in Monterey. If you want kinder, gentler rules then run it. Good luck. People that run those groups are generally busy body, live by my rules losers. Crush them. Have fun.
     
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  37. Unknownpro

    Unknownpro Active Member

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    I can’t. My garage is full of machines. Laser bed cutter, tormach cnc, and fiber laser. It won’t fit.

    Not like “don’t want it to fit” like can’t fit.
     
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  38. Diablos

    Diablos Senior Member

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    The appropriate course of action is to burn the neighborhood down.
     
  39. noway2

    noway2 Senior Member Charter Life Member

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    You and I think along the same lines. There was a post above where a guy was saying, "they'll take your house and you'll still pay the fines." I bit my proverbial tongue and didn't respond to it, but my thought was that if I were in the OP's shoes, my reply would be, "No. You won't, and neither do you want to try it". Petty little tyrants mistakenly think everyone is afraid of them and the legal system.
     
    Last edited: Jun 18, 2018 at 8:51 AM
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  40. larryh1108

    larryh1108 New Member

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    Yeah, they will. I guess you plan to stand your ground with your AR? I think you need to think that thru. You will lose there too. The law has you by the nads and your guns won't scare them away. They can take your house and they will if you don't play by the rules you signed when you moved in. It is that simple. HOAs are evil.
     

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