Why Do So Many On INGO Hate HOA's?

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    fullmetaljesus

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    Many years ago, I sliced a drive so bad, it went through the sliding glass patio doors of the house/apartment next to the course. Dude was sitting on the couch. The ball was on the floor.
    Was it bill Murray? Did he offer you some of his grass?
     

    foszoe

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    Took wife to surgery today. When the nurse comes out to the truck she sees Argos. Thinks he is so handsome. Then all the other nurses want to say hi to Argos. One speaks up and says she can't have a GSD because the breed is banned by her HOA even though her border collie is more of a problem than the Shepherds she has known.
     

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    KLB

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    Took wife to surgery today. When the nurse comes out to the truck she sees Argos. Thinks he is so handsome. Then all the other nurses want to say hi to Argos. One speaks up and says she can't have a GSD because the breed is banned by her HOA even though her border collie is more of a problem than the Shepherds she has known.
    Probably think they are Pitbulls. :p
     

    Timjoebillybob

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    IC requires all vehicles to be registered (title and plate). Some counties, cities, towns also require them to be operable. Some, only operable if outdoors (ie: no cars on blocks outside).

    For example:
    I have 3 Jeeps that are titled and registered. NONE of them are operable. Two are parked in my garage/shop. The third is completely disassembled, with the frame and body tub stored out of sight. There is NO WAY my neighbors have any idea, unless they are snooping around (ie: trespassing). I am 100% legal.
    They are required to be registered (plated) if they are operated on a "highway". But they must be operable if they are visible from public property for more than 20 days, being covered with a tarp does not count as not visible.
    And yes some counties/towns may have stricter regulations.
    Per IC.

    C 9-13-2-1"Abandoned vehicle"

    Sec. 1. "Abandoned vehicle" means the following:

    (7) A vehicle that is at least three (3) model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than twenty (20) days. For purposes of this subdivision, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.
     

    HoughMade

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    They are required to be registered (plated) if they are operated on a "highway". But they must be operable if they are visible from public property for more than 20 days, being covered with a tarp does not count as not visible.
    And yes some counties/towns may have stricter regulations.
    Per IC.

    C 9-13-2-1"Abandoned vehicle"

    Sec. 1. "Abandoned vehicle" means the following:

    (7) A vehicle that is at least three (3) model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than twenty (20) days. For purposes of this subdivision, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.
    You have only given part of a definition of what an "abandoned vehicle" is. That definition says nothing about what happens when there is an "abandoned vehicle". One may ask "it's an 'abandoned vehicle' so what"?

    For more context, here is the entire definition of "abandoned vehicle."

    “Abandoned vehicle” means the following:

    (1) A vehicle located on public property illegally.

    (2) A vehicle left on public property without being moved for twenty-four (24) hours.

    (3) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way.

    (4) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than forty-eight (48) hours.

    (5) A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property.

    (6) A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this chapter if the impounded vehicle is not claimed or redeemed by the owner or the owner’s agent within twenty (20) days after the vehicle’s removal.

    (7) A vehicle that is at least three (3) model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than twenty (20) days. For purposes of this subdivision, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.

    (8) A vehicle:

    (A) that was repaired or stored at the request of the owner;

    (B) that has not been claimed by the owner; and

    (C) for which the reasonable value of the charges associated with the repair or storage remain unpaid more than thirty (30) days after the date on which the repair work is completed or the vehicle is first stored.


    Ind. Code Ann. § 9-13-2-1

    So, what happens when a vehicle is defined as "abandoned".

    Well, if it is located on public property or the private property of someone who is not the owner and wants it gone...there are procedures for that.

    But what about if it is located on the private property of the vehicle owner or, by permission, on someone else's private property? Well, under state law, nothing happens. There is nothing against state law about having an inoperable, "abandoned" vehicle on your own property or someone else's property.

    Is there a local ordinance (county, township, city, town, etc.)? Good question. There may be. Of course, people can also sign contracts that limit the use of their own property. However, no state law, so if the vehicle is not located in a place with an HOA and there is no local law, don't fear state law regarding your own vehicles on your own property or with permission on someone else's property.
     

    Timjoebillybob

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    You have only given part of a definition of what an "abandoned vehicle" is. That definition says nothing about what happens when there is an "abandoned vehicle". One may ask "it's an 'abandoned vehicle' so what"?

    For more context, here is the entire definition of "abandoned vehicle."

    Well, if it is located on public property or the private property of someone who is not the owner and wants it gone...there are procedures for that.

    But what about if it is located on the private property of the vehicle owner or, by permission, on someone else's private property? Well, under state law, nothing happens. There is nothing against state law about having an inoperable, "abandoned" vehicle on your own property or someone else's property.

    Is there a local ordinance (county, township, city, town, etc.)? Good question. There may be. Of course, people can also sign contracts that limit the use of their own property. However, no state law, so if the vehicle is not located in a place with an HOA and there is no local law, don't fear state law regarding your own vehicles on your own property or with permission on someone else's property.
    Yes I know I only listed part of the definition, I posted that part to show that a non operable vehicle can also be considered abandoned under state law. And I see nothing in this section of code that limits it to other peoples property.
    Specifically 3(B) and 5 (B)
    IC 9-22-1-11Tagging abandoned vehicle or parts
    Sec. 11. An officer who finds or is notified of a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information:
    (1) The date, time, officer's name, public agency, and address and telephone number to contact for information.
    (2) That the vehicle or parts are considered abandoned.
    (3) That the vehicle or parts will be removed after:
    (A) twenty-four (24) hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system under IC 8-23-4; or
    (B) seventy-two (72) hours, for any other vehicle.
    (4) That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle.
    (5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within:
    (A) twenty-four (24) hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system under IC 8-23-4; or
    (B) seventy-two (72) hours, for any other vehicle.

    For being on other peoples property without permission it's covered under this section of the IC
    IC 9-22-1-15Discovery of vehicle abandoned on private property

    Sec. 15. (a) A person who finds a vehicle believed to be abandoned on private property that the person owns or controls, including rental property, may:
    (1) obtain the assistance of an officer under section 18 of this chapter to have the vehicle removed; or
    (2) personally arrange for the removal of the vehicle by complying with subsection (b) and section 16 of this chapter.
    (b) If the person wishes to personally arrange for the removal of the vehicle, the person shall attach in a prominent place a notice tag containing the following information:
    (1) The date, time, name, and address of the person who owns or controls the private property and a telephone number to contact for information.
    (2) That the vehicle is considered abandoned.
    (3) That the vehicle will be removed after twenty-four (24) hours.
    (4) That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle.
    (5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within twenty-four (24) hours.

    [Pre-1991 Recodification Citation: 9-9-1.1-5.5(a); (b).]
     

    HoughMade

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    Yes I know I only listed part of the definition, I posted that part to show that a non operable vehicle can also be considered abandoned under state law. And I see nothing in this section of code that limits it to other peoples property.
    Specifically 3(B) and 5 (B)
    IC 9-22-1-11Tagging abandoned vehicle or parts
    Sec. 11. An officer who finds or is notified of a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information:
    (1) The date, time, officer's name, public agency, and address and telephone number to contact for information.
    (2) That the vehicle or parts are considered abandoned.
    (3) That the vehicle or parts will be removed after:
    (A) twenty-four (24) hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system under IC 8-23-4; or
    (B) seventy-two (72) hours, for any other vehicle.
    (4) That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle.
    (5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within:
    (A) twenty-four (24) hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the state highway system under IC 8-23-4; or
    (B) seventy-two (72) hours, for any other vehicle.

    For being on other peoples property without permission it's covered under this section of the IC
    IC 9-22-1-15Discovery of vehicle abandoned on private property

    Sec. 15. (a) A person who finds a vehicle believed to be abandoned on private property that the person owns or controls, including rental property, may:
    (1) obtain the assistance of an officer under section 18 of this chapter to have the vehicle removed; or
    (2) personally arrange for the removal of the vehicle by complying with subsection (b) and section 16 of this chapter.
    (b) If the person wishes to personally arrange for the removal of the vehicle, the person shall attach in a prominent place a notice tag containing the following information:
    (1) The date, time, name, and address of the person who owns or controls the private property and a telephone number to contact for information.
    (2) That the vehicle is considered abandoned.
    (3) That the vehicle will be removed after twenty-four (24) hours.
    (4) That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle.
    (5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within twenty-four (24) hours.

    [Pre-1991 Recodification Citation: 9-9-1.1-5.5(a); (b).]
    What I was getting at is that the definition of "abandoned", by itself, does not outlaw people have a vehicle, in any condition on their own property. As far as state law, a person can have abandoned vehicles on their property if they want to. No consequences.
     

    Timjoebillybob

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    What I was getting at is that the definition of "abandoned", by itself, does not outlaw people have a vehicle, in any condition on their own property. As far as state law, a person can have abandoned vehicles on their property if they want to. No consequences.
    IANAL and you are but from my reading of IC 9-22-1-11 it seems that an officer can tag and remove a vehicle from your property if they so choose. Not saying most would, but could. I don't see an exception under that code for a vehicle you own on your property if it meets the definition of an abandoned vehicle.
     

    jkholmes

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    I'm just going to provide the experience my wife and I had with an HOA. I found them to not apply rules equally to everyone, and played favorites no matter who was in charge. Also, I find the thought of someone being able to tell you what to do with your own property very troublesome, even if it is something stupid. As long as noone is getting hurt or put into danger, it shouldn't matter. And if I find something my neighbor is doing to be trashy or something, that is between me and him, not some 3rd entity to set up arbitrary rules.

    Anyways, so my wife and I had purchased our first house in one of those cookie cutter subdivisions in Indy. It had been a foreclosure but was in really good shape. Really the only thing we were doing to it was very minor stuff and some paint (that is a whole different story...lol). Anyways, 2 days after we took possession of the house, we got a letter from the HOA stating that we had to many dandelions in our yard and that this would be our only warning. If we didn't show them our plan to resolve the issue quickly, they were going "take action" against us. At the very same time, about 3-4 houses down, there was a house that had about a third of its siding hanging off the side of the house as well as several houses with cars in very obvious states of disrepair.

    In the end, the house was a huge net positive for us. We got into our first house, we made a TON of money off it and it allowed us to begin the process of getting out of the city and move on to nicer and better homes. But we made it a requirement that ALL future homes would not be in an HOA. Honestly, I don't know a single one of my friends who has had a positive experience with an HOA.
     

    BE Mike

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    I'm just going to provide the experience my wife and I had with an HOA. I found them to not apply rules equally to everyone, and played favorites no matter who was in charge. Also, I find the thought of someone being able to tell you what to do with your own property very troublesome, even if it is something stupid. As long as noone is getting hurt or put into danger, it shouldn't matter. And if I find something my neighbor is doing to be trashy or something, that is between me and him, not some 3rd entity to set up arbitrary rules.

    Anyways, so my wife and I had purchased our first house in one of those cookie cutter subdivisions in Indy. It had been a foreclosure but was in really good shape. Really the only thing we were doing to it was very minor stuff and some paint (that is a whole different story...lol). Anyways, 2 days after we took possession of the house, we got a letter from the HOA stating that we had to many dandelions in our yard and that this would be our only warning. If we didn't show them our plan to resolve the issue quickly, they were going "take action" against us. At the very same time, about 3-4 houses down, there was a house that had about a third of its siding hanging off the side of the house as well as several houses with cars in very obvious states of disrepair.

    In the end, the house was a huge net positive for us. We got into our first house, we made a TON of money off it and it allowed us to begin the process of getting out of the city and move on to nicer and better homes. But we made it a requirement that ALL future homes would not be in an HOA. Honestly, I don't know a single one of my friends who has had a positive experience with an HOA.
    All this revolves around the issue of "reasonableness". You'll get no satisfaction dealing with a "trashy" neighbor if he isn't reasonable unless you have something to back you up. Someone once said, "Speak softly, but carry a big stick". A "reasonable" HOA will keep the neighborhood safer, looking presentable and keep values up. Most folks who cause issues that adversely impact their neighbors are not reasonable. My HOA is reasonable and I've lived here for over 20 years without feeling a need to butt heads with them.
     
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