On the Commons with Bill Murray
Right from the very beginning, homeowners who live in HOAs have been told the Declaration is a contract and the relationship between owner and association is a contractual one. The very word "contract" seemed to be sufficient explanation for all the bizarre, nutty, abusive, ridiculous, sad and tragic occurrences in associations across the country. Your dog's too fat? It's a contract. Your mini blinds are the wrong shade of white? It's a contract. Your vehicle is not snazzy enough? It's a contract. You owe the HOA money? Too bad, you lose your house, it's a contract. No matter how absurd the situation, the answer always was "It's a contract." and the advice, "If you don't like it, MOVE." The only input the owners could have once they were trapped in an HOA, was to amend the "contract" by an affirmative vote of a super majority of the owners. If you are going to stick people in HOAs by virtue of local municipal mandates and lack of choice, I suppose it makes sense to allow the principals to vote on the changes. But are all proposed changes good for the individual owner? And what happens if the owners decide they really don't want to amend the governing docs.?
On The Commons this week we are joined by Bill Murray. Bill is one of 32 plaintiffs in the Bemis vs. Lake Holiday Country Club case and along with his brother maintains a blog http://www.lakeholidaynews.com/ . This case appears to have inspired the Virginia legislature to consider a bill that would give the courts the statutory authority to amend docs even after the homeowners themselves chose not to approve the amendment. The bill was struck earlier this week in Virginia but may be headed to a state house near you. Please join us On The Commons. We'll get to understand the makeup of Lake Holiday and talk about the particulars of the Bemis case. We'll also discuss SB 6016 and SB 1489, how close they came to becoming the law, what it would have done to the Bemis case, what it could have done to what's left of your property rights and we'll find out whether any other sinister plans are lurking in the shadows, waiting to knock your contractual rights off their feet.
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I am writing today regarding a discriminatory practice affecting millions of citizens throughout Florida and across the country.
Current laws in many cities and towns, as well as local homeowner association bylaws, forbid citizens from parking their operable and licensed vehicles in their own driveways. The discrimination arises solely by the type of vehicle your constituents find appealing but may not appeal to the arbitrary eye of the city or homeowner association.
Residents and visitors must conceal these vehicles in the garage and in some cases park outside the community altogether.
Imagine, if you will, purchasing a brand new 2009 passenger car or truck, drive it home and park it in the driveway. Within days of your purchase you receive a notice that you are in violation of the communities parking restriction. Not because your vehicle is illegally parked nor that it is a commercial vehicle, solely because the model you chose is substandard in the opinion of those in authority.
The selective enforcement and ambiguity of these rules do nothing to promote the aesthetics of the community but only serve to discriminate against the individual’s expression as it regards his or her taste in automobiles.
Appellate court cases, one in which I was personally involved, have ruled that subject laws are overbroad, unreasonable and unconstitutional when applied to passenger vehicles. However, these bylaws and ordinances persist to flourish despite court rulings.
I have attempted to resolve this issue each year since 2001 by contacting state and government agencies which include the Department of Business and Professional Regulation, the Governors office, my local representatives, and several other district legislative offices, each of which only refer me to the other.
I have become an advocate on this issue by continuing to assist residents throughout Florida and the country who seek information and those currently in litigation. It is time legislators get involved to put and end to this discriminatory practice.
I propose an amendment to government statutes, to include language that will give a resident the right to park a passenger car or truck in the driveway of their home regardless of the model they have chosen to own.
Because I am having such difficulty even obtaining a response from legislators I would like to know if you or any associate would be interested in this story.
View and sign online petition: gopetition.com/petitions/noncommercial-pickups.html
Thank You,
Dan Salvetti
2089 Augusta
Weston FL 33326
954-336-7711 aajettt@aol.com
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