My HOA is ordering me to remove my Egg from the property

Class_of_75

I received a notice from my HOA ordering me to remove my Egg because it violates a rule they imposed after I bought my LBGE. The new rule is that only propane grills are allowed on decks or patios. My Egg is on a concrete patio in a nest. Before I bought it, I checked with the local fire department. I spoke with the captain and he told me he considers a BGE to be as safe as any propane grill and he joked about inviting himself over for some ribs.

I don't know what to do about this other than to fight it legally. I don't want to go to the expense of hiring an attorney, but I don't think it's right that they came up with a rule after the fact, especially considering the Egg is as safe as a propane grill.

Thatgrimguy

Just ignore them. Make them hire the atty.

johnkitchens

HOA Nazi's at it again. 

buzd504

This guy may be able to help you:

http://www.thewvsr.com/gargoyle.htm

BYS1981

I would keep it out and check the wording of the agreement because usually this gets grandfathered in.

Ps What a bullsh*+ rule.

Wowens

Is it a single family home, or a condo/townhouse where they are connected??  I bet the HOA insurance is requiring the change.  I'd want to find out why the change.  Remember the HOA is made up of residents like yourself, so you've got a voice.  I'd show up at the next meeting with a butt to share.

aukerns08

It's **** how much power HOA's can have.  Pretty much all states have it to where they can't really lose...  As for your case I'd try and fight it just to give the middle finger to the HOA but I don't think you'll win even though they made the rule after the fact.  Rules change and have changed since you first moved in and you have to follow the current rules.  Can't believe they're policing the grills now, does someone on the HOA board work for a Propane company or something?  Your best solution may be to leave it on the patio until the day they'll start fining you then move it off the patio to your grass (maybe a couple feet).  You'll be in compliance then since you said the rule was back deck or patio, it's a slight inconvenience to you but it would be a nice middle finger to send to the HOA when/if they continue to question it.

BYS1981

This makes me glad I do not have an HOA. What nazis!

Acn

johnkitchens said:

HOA Nazi's at it again. 

Impressive - 2nd reply for Godwin's Law.

Eggcelsior

Move it to the yard right off of the patio.

nolaegghead

Find out if the issue is mandated by the insurance company.  If it is then it's a rate issue and you will have to either get a quorum to increase the rates if you can get the insurance company to allow them or pay a premium for the increased risk.   

If it's just a-holes complaining about smoke, insist on them also banning vintage cars and non-CARB compliant lawn equipment,  etc.  Make it hurt the right people and maybe they'll change their rules.

henapple

I agree with @Eggcelsior  (which is rare)...I'd move it to the front yard...or driveway.

hondabbq

Do you have your original bill of sale? Provide this against the timeline of the new bylaw put in place.

Hotch

Wow you can smoke pot and not a butt.

aukerns08

The only reason that it would have to do with the HOA's insurance rates would be if it's connected property like a condo.  The HOA insurance would be there to cover things in the common area, people getting hurt in common areas, the HOA would have a bond in place to protect from a board member running off with the HOA funds and the board members are usually covered by the insurance policy in case someone takes legal action on them specifically for board/HOA issues.  The rates would only be affected by things in common areas, how much money the HOA takes in and how many members are on the board.  The type of grill that a person uses would only be considered by insurance for the HOA if it was all one big common area, otherwise the HOA policy doesn't concern itself with member homes as each member will need their own Homeowners policy to cover their own home.  I live in a small community with an HOA and I'm on the board and that's how our policy is, we could give two shits about what grill you use or if you burn down your own home as it doesn't affect the HOA's insurance rates.

Ladeback69

We hosted a party this Sunday and one of our new friends this year who's kid goes to school with our son is on our HOA board.  They liked the burgers and veggies that I cooked and they had been over one time before and liked it too so there is no problem where I live.  That may help be inviting the board member's over.  I don't understand how they can say that a gas grill is safer then the egg.  Those things can blow up if someone doesn't know what they are doing when lighting it. Ask Hanna Storm.  Where as if the fire gets a little high in the egg, just close the lid and shut the vents.  This HOA is taking its power a little to far.  Your house I take it is insured and if it was to catch fire you are covered.  I get tired of other people trying to protect us from ourselves and how we should live our lives.  What are going to do, call the police and have them make you take it out.  I would move first.

Ozzie_Isaac

Get an old propane tank and a hose.  Setup the tank under the nest and run the hose up to the inlet.

If they complain say it is now propane.

aukerns08

hondabbq said:

Do you have your original bill of sale? Provide this against the timeline of the new bylaw put in place.

It wouldn't matter.  When you born the laws of the land were a certain way but over time they've been changed and you're expected to follow the laws of today not from when you born.  Same rules apply for the HOA, former bylaws mean nothing when enforcing current ones, this is why the HOA sends out the info for the annual meeting and what is being voted on.  You have a right to be informed, go to the meeting, voice your opinion about it before it's voted on, vote by proxy if you can't attend, however most do not even pay attention to it in the bigger neighborhoods.   If you base your legal action off the bylaws when you bought you will lose every time in court.

fishlessman

put a propane bottle next to it i could never live in an hoa.  amazing they allow gas grills on decks

Shiff

The first thing I would do is to read through the paperwork you signed when you bought your property.  In our case, this is called the "Public Offering Statement". Ours specifies, among a lot of other things, what you can and cannot do or have on your property. Ours says that we can have outdoor grills unless the township prohibits them.  Our township does not.

The HOA can change rules later but you will probably have to get a lawyer involved and have proper receipts showing purchase prior to the rule change.  It might just take a letter from a lawyer to the HOA which shouldn't cost you too much.

Good luck.  I hope they didn't do this for safety reasons since a  propane tank is a LOT more dangerous than a charcoal grill.

tjv

I'd revisit  with the fire captain and see if he can help.

Do you live in Austin TX.......

THEBuckeye

I want to but my new son-in=law an Egg. Same issue. B Fing S. He bought a gasser. 

I love "put a propane bottle next to it".

KiterTodd

That is stupid.  HOAs are a pain in the ass.  I mean, I'm glad it keeps my neighbors from all keeping cars up on blocks in their driveway, but it's stupid that I have to get permission to replace a fence with the exact same model, cut down a tree or build a shed.

First, I'd ignore it.  Make them sweat about it.  They likely can't do much.  Don't even acknowledge receipt of the letter or email.

Second, I don't know your yard situation, but put consider putting some pavers down a foot from your patio and moving it there.  Just enough "off" to comply but not going crazy or anything.

F-N HOAs...

DaveRichardson

But were you notified of the HOA rule change? 

Seems like this would fall into the same category as satellite dishes.....

If its due to smoke, I think some nasty clean burns would help flip the driving finger home!!!!!

THEBuckeye

Perhaps there is an Egger Attorney in your neck of the woods that could help you Pro Bono. 

THEBuckeye

Speaking of HOA overreach, this is my 'hood:

5/22/2015 10:42:34 AM

On December 19, 2014, I filed a lawsuit in Fulton County Magistrate Court naming the Laurel Springs HOA, Inc. as Defendant.  My claim was that the HOA improperly fined me $750 for making left turns from Windsor Hill Passage onto Old Atlanta Road.  I considered it improper because the HOA’s authority to regulate traffic and impose fines ends at the Laurel Springs property line, and does not extend into the public right-of-way.  I pointed this out to the property manager, the HOA Board, and the HOA's attorneys multiple times, but the Board would not refund my $750.

On April 20, 2015, the case was heard at trial before Judge Walter Lovett in Fulton County.  The judge agreed with me and ordered the HOA to pay $750, effectively refunding the money I paid in fines.  I received a check on May 19, 2015.

If you were cited and fined for this alleged offense, you probably are eligible for a refund too. Please share this information with your neighbors who may not read this message board.   I expected the Board would inform everyone and proactively issue refunds, but I have not seen any indication of this, aside from my own individual refund.  I am happy to answer any questions or provide details, either on this message board or by private email.

Finally, please think about the expense the HOA incurred defending this lawsuit and the possibility of paying higher insurance premiums after losing at trial.  This was never even a close call, and it should not have required that I file a lawsuit.  The Board chose to rely on legal advice that was factually and demonstrably flawed, even though any neutral non-lawyer looking at the facts could see the error.   I politely pointed this out in writing and in person (including supporting documentation) several times but it had no effect.   The Board had established its position and apparently decided these facts were just too inconvenient.

I sincerely appreciate the hard work and good intentions of the volunteer HOA Board.   Unfortunately, I believe “groupthink” and emotions took over the Board’s deliberations.   Certainly the Board needs to address homeowner concerns about traffic, but must strive to operate within the limits of the HOA Bylaws, Covenants, and state law.  Dissenting or alternative opinions should not merely be tolerated, but actually be considered in a thoughtful and careful manner.  Legal advice ought to be challenged and questioned, especially when it does not sound right.  Please encourage the Board to exercise caution when creating new rules, imposing fines, and enforcing the covenants.  Preventable mistakes can be very expensive. Thank you.

THEBuckeye

BTW, that was not me.....

Grillin_beers

What a stupid rule.  It makes you wonder if the insurance companies are getting lobbied by the propane companies.  I would hide it in a shed when they come by and then just take it out to cook. 

THEBuckeye

Volunteer to take ribs and spatchcock for the next HOA Board meeting. Take your dealer too. He'll take Egg orders on the spot. 

THEBuckeye

Past is Prologue:

http://eggheadforum.com/discussion/675866/my-hoa-is-trying-to-squash-my-egg

THEBuckeye

Check this out. The anti-Egg Beeotch......

https://www.linkedin.com/grp/post/3352309-210365959