dyintorace wrote:
How would the car be parked legally but in violation of the deed restrictions? Not asking sarcastically, rather genuinely curious. I live within a fairly restrictive HOA community.
Virtually all deed restrictions prohibit activity that is not otherwise illegal. If the activity were otherwise illegal, there would be no need for the deed restriction.
The following are a few ways that a legally parked car can still be in violation of our deed restrictions (obviously, yours could vary):
Our deed restrictions prohibit overnight parking on the street, but the street is public. The car is parked legally, but the homeowner to whom the car belongs can still be fined by the HOA for violating the deed restrictions.
Our deed restrictions prohibit vehicles with commercial advertising, e.g., work trucks, in driveways. (They have to be in the garage.)
Our deed restrictions prohibit "inoperable" vehicles in driveways. The definition of "inoperable" includes expired tags or inspection.
dyintorace wrote:
On a related note, HOA's are getting pretty aggressive about collecting dues. I've read several articles recently (work related for me) describing the lengths to which HOA's are going to in order to get paid their dues, up to and including foreclosure.
We just foreclosed on a guy for not paying his assessment for the last 3 or 4 years, and it looks like we're going to do another one. While I find it strange that someone would be willing to lose their house over such a small amount of money, I don't find it particularly distasteful. He agreed to the assessments when he moved in, he's gotten plenty of reminders (including in-person visits from HOA board members), and if he doesn't pay his share, the rest of us who abide by the rules have to pay more.
I can't speak for other associations, but it's not like we start foreclosure proceedings if the payment is a day late. We've even been known to waive all or part of the late fees if someone just fesses up that they forgot or otherwise has a good story.