brerrabbit
Sixth Generation Native Texan
- Joined
- May 12, 2000
- Messages
- 2,609
I don't live in Frisco but I do live in Texas and theses HOA/Deed Restriction battles come up all the time. I understand the basic premise of them which is to maintain property values but really the go to far to often. For non Texans let me explain a couple of things, first on the issue of parking in a garage, in Texas we really don't have any basements so our garages tend to become storage rooms which means not many cars get parked in there. Also since we Texans like to drive those big ole SUV's and pick em up trucks a lot of them won't even fit in a garage. Secondly a lot of cities (specifically Houston) has no zoning laws. Therefore the only way to protect a neighborhood there has to be an HOA and deed restrictions or you could have a strip mall built next to your hose next week. The reality is that most of the HOA's bluster and threaten and send letters but most of them are greatly underfunded and if you threaten them and say lets go to court many of them back down. My HOA sent letters to a guy who moved into the neighborhood and promptly violated every deed restriction he could. He owned his own business, had some money and got a big kick out of bucking the system. When our HOA threatened to take him to court, he said "great lets go, I got an attorney on retainer who loves this stuff". Sure enough he did and since our HOA had very little money to pay attorneys they went to our city attorney to provide the legal help. The city attorney said, its your rules, so its your fight. The HOA dropped the issue and let the guy do whatever he wanted to. The continued to send letters but they were empty threats.
I am not an attorney, but I have a idea that if this thing wound up in court it would get settled in favor of the F-150 owner. Basically if one type of vehicle can be parked overnight in the driveway, then any type of vehicle can be parked in the driveway over night. It would seem the only disticntion the HOA could make would be if the car ran or didn't, not the make and model.
I am not an attorney, but I have a idea that if this thing wound up in court it would get settled in favor of the F-150 owner. Basically if one type of vehicle can be parked overnight in the driveway, then any type of vehicle can be parked in the driveway over night. It would seem the only disticntion the HOA could make would be if the car ran or didn't, not the make and model.