HOA Rules in re: Scooters By ellpee (Read 2,713 times)

[ellpee]

Just got hit with a problem I had not seen coming. My HOA defines a scooter as a "recreational vehicle" and does not allow them to be parked in our community except in the garage, totally out of sight. I have a two-car garage that houses two cars, so the obvious candidate for outside parking is the much cheaper scoot.

I'm contesting their definition. I use the scoot as a normal means of transportation for 3/4 of my local errands, and since it is equipped/registered/licensed to operate on the public highways I consider it different from offroad vehicles like dirt bikes and ATVs. Just wondering if anyone has any experiences to share.

[dragonsparks]

No, But I do know they can be Big PITA.
All I can say is Good Luck. And let us know how it turn's out for Ya.

Truly
Dave

[bobf]

Is there no back yard or a gate to put the scoot behind?

I have a snotty HOA where I live. There is a 50 or more pages book of rules and regulations for us to follow. I lived in a different neighborhood with a much more sensible HOA. They pretty much took care of the parks and little else. And they were a lot cheaper each month too.
.

[wolfhound]

Fortunate are we who live in rural areas. To my way of thinking HOA's are just one more form of intrusive government. I would mot buy a house
in such a community. That is my rant for the day!!

[ellpee]

I am okay with HOAs and CC&Rs to a point, but banning any form of less-than-four-wheel transportation seems like a stretch. Not that I can't have it, I just can't park it where anyone else in the neighborhood has to look at it. And no, unfortunately the realities of our lot won't let me park it behind a fence or gate or whatever. Not that any nearby neighbor would actually object mind you, just something that got written in decades ago and is still hanging around to irritate people.

I'm hoping someone will chime in here who has been down this road and won the battle, so I'll have a precedent to research and refer to in arguing my case. In the final analysis I CAN dedicate one entire garage bay to the scoot and leave one of my cars out in wind and weather, but that defies common sense.

[dragonsparks]

May 23, 2013 4:14:39 GMT -6 wolfhound said:

Fortunate are we who live in rural areas. To my way of thinking HOA's are just one more form of intrusive government. I would mot buy a house
in such a community. That is my rant for the day!!

I'm with you wolfhound. 100%, Been there done that.


ellpee Said I'm hoping someone will chime in here who has been down this road and won the battle, so I'll have a precedent to research and refer to in arguing my case.

Good luck ellpee IMHO It might apply if a court case in your state...Ie Law suite. Your HOA Isn't going to care about a rule change of HOA in Griffin Ga. or east bumble... It has No relevance to the rules you agreed to when you moved in to in what ever city,county & State your HOA is in. So start your search in your State.

Dave

[wheezy]

Here is how Florida law treats what we call scooters:


(22) MOTORCYCLE.—Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped.
(82) MOTORIZED SCOOTER.—Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground.


As you can see, we technically ride motorcyles, not scooters. The 'scooter' ,as the law sees it, is a skateboard with a handle, the typical Razor for instance.

Look in your state law and see if it is defined similarly. If it is, see how your HOA treats motorcycle parking. The HOA board may still be a butt about it, even if you prove it's a motorcycle. But, it's worth a shot.

[dragonsparks]

DX I'd hire wheezy to be my mouth...Makes 2 much cents to me.

Dave

[ellpee]

Well, the actual wording is "no motorcycles," so apparently they already consider my Roketa a motorcycle. Dragonsparks, you are right that HOA law in general derives from state statutes, not national laws. If they turn down my appeal I may try to find a legal aid organization of some kind and see if they have any precedents in my state.

[amac1680]

I was a title insurance agent for 20 years and did thousand of HOA/PUD etal closing. Here's where your going to have a issue. When you bought the property you agreed to the covenants and restrictions of the HOA. Not that you had a choice, it's agree or no sale.

The rules of most HOAs are set by the board and local, state or federal statutes don't really make a difference. With the exception of civil rights laws the HOA can do pretty much as it pleases as long as it does not infringe on one civil rights.

It would be a hard sell to prove that not allowing a scooter violates your civil rights and that "no motorcycle" rule is not at all uncommon.

Proceed carefully and try not to enrage the neighborhood "enforcers". Your only real chance is to have that restriction changed and you'll need all help you can get .

Be Big,
AMAC

[dragonsparks]

amac Said When you bought the property you agreed to the covenants and restrictions of the HOA. Not that you had a choice, it's agree or no sale.
and also
Said The rules of most HOAs are set by the board and local, state or federal statutes don't really make a difference. With the exception of civil rights laws.

And I say That is pretty much The Long & Short of it. D8

Dave

[ellpee]

Understand. I was ON the board for a couple years. My angle is to try to get it changed to apply only to dirt bikes, ATVs, etc., that are NOT equipped/registered/licensed to operate on the public roads. If I don't succeed, such is life, will just have to keep my truck outside. I did hint that I'd be willing to keep it under the full cover all the time as a compromise; we'll see how it turns out.

[amac1680]

May 25, 2013 7:10:16 GMT -6 ellpee said:

Understand. I was ON the board for a couple years. My angle is to try to get it changed to apply only to dirt bikes, ATVs, etc., that are NOT equipped/registered/licensed to operate on the public roads. If I don't succeed, such is life, will just have to keep my truck outside. I did hint that I'd be willing to keep it under the full cover all the time as a compromise; we'll see how it turns out.

That's the way to go about it. Work on modifying the restriction, odds are with your experience on the board new language can be used.

All the best and I wish you success !

Be Big,
AMAC

[dean7]

I'm rural all the way with city .county state and federal why In the world would people do this to their selves is amazing to me I think america is a police state now

[amac1680]

May 26, 2013 6:20:38 GMT -6 dean7 said:

I'm rural all the way with city .county state and federal why In the world would people do this to their selves is amazing to me I think america is a police state now

Police state would imply that a gun is held to ones head so to speak.

There are good reasons for HOAs you would be amazed of what some people would do. I've had neighbors with three or for junk cars out front. On the other hand some restrictions are too broad and enforcement by "neighborhood mayor types" can be annoying.

Some people don't get to live in the rural areas, jobs in population centers etc. Most HOA boards can be worked with on these types of things.

Be Big,
AMAC