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

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  • ads75
    ads75 Posts: 391
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    Before I got my egg, I got a nasty note from my HOA stating my grill (a Holland) had to have a cover on it. This thread just reminded me to cover my Egg so I don't have to deal with this BS.
    Large BGE, Mini BGE
    Morgantown, PA
  • Class_of_75
    Class_of_75 Posts: 49
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    Lots of great ideas. Thank you all. We live in a townhome, end unit, with a patio that is unattached to anything other than our unit. Placing it on the grass is not an option, since I don't own the grass. Ignoring the HOA is not an option, since they are very "enthusiastic" about enforcement and I can expect a series of escalating fines if I don't respond, followed by a lien, which would accelerate the note for our mortgage. The procedure is to request a hearing before the Board, which I will do. If I lose the hearing, I have to then poll every homeowner with a petition to see if a 2/3 majority will agree that I should be granted a variance. Not how I wanted to spend my summer.

    Many of you suggested this is a requirement of the HOA's insurance, which is plausible, but the timing is unusual, since the sequence of events is that I inquired about buying an egg, was told that the only issue is whether it complies with the local fire code, they then amended the rules for propane only, and within a few weeks I purchased my Egg. I only discovered the new rule when they sent my violation notice. That's no excuse, I know, since homeowners are on notice of all changes when they are posted to the HOA website, but I would not be surprised if, after my initial inquiry, some overzealous fire ranger got worried about someone owning a non-propane setup.

    I do like the idea of placing a propane tank next to my Egg, but that's probably a bit too clever. The rule states that "propane grills are the only ones allowed on decks and patios." I'd have to be loading all my lump after dark.

    Littleton, Colorado

    LBGE

  • THEBuckeye
    THEBuckeye Posts: 4,231
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    Let's get all the Eggers to ask to "Connect" with her on Linkedin! 
    New Albany, Ohio 

  • THEBuckeye
    THEBuckeye Posts: 4,231
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    @Class_of_75  How many homeowners? Multi-Unit or Single Family?
    New Albany, Ohio 

  • johnkitchens
    johnkitchens Posts: 5,227
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    Acn said:
    HOA Nazi's at it again. 
    Impressive - 2nd reply for Godwin's Law.
    I am glad you were impressed. 

    Louisville, GA - 2 Large BGE's
  • Class_of_75
    Class_of_75 Posts: 49
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    @THEBuckeye: There are about 90 units, all townhomes.

    Littleton, Colorado

    LBGE

  • DoubleEgger
    DoubleEgger Posts: 17,187
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    This is exactly why I will one day have a house built on 100+ acres. One day....
  • Ozzie_Isaac
    Ozzie_Isaac Posts: 19,109
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    Best option is to calmy discuss it with the board.  Find out the concerns that led to the rule change and address each one.

    If it was brought on by one person then work to get the rules changed.
    They don’t want a population of citizens capable of critical thinking. They don’t want well informed, well educated people capable of critical thinking. They’re not interested in that. That doesn’t help them. That's against their interests. - George Carlin
  • fishlessman
    fishlessman Posts: 32,772
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    you could always convert it to gas and add lump charcoal and smoking wood chunks as a flavoring agent, im sure some gassers add wood chips. here is how to add gas
    https://www.youtube.com/watch?v=vrrpOU6Ewrk

    and get a gas grill and smoke pine landscaper mulch night and day if this doesnt work =)  and light the gasser with a 500,000btu weedburner from harbor freight

    fukahwee maine

    you can lead a fish to water but you can not make him drink it
  • aukerns08
    aukerns08 Posts: 253
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    From what you described it sounds like you're fighting a losing battle because they're so interested in enforcement, glad we're not like that in our HOA.  I also think spending your time getting 2/3 of the whole HOA to sign your petition is a losing battle because most won't care enough either way to sign for you.  

    The only thing I would be curious of is was this new rule that they put in place presented to the home owners for a vote prior to it being put in place or can your HOA board just make it's rules and changes to the bylaws at will?  Most HOA's are set up to where the board has no authority to change bylaws on their own without a vote of the quorum of members (set by your bylaws/covenants) at a meeting or by proxy, to prevent a board of a-holes getting together and setting whatever rules they want.  You should have been sent something to tell you about the proposed rule change, when the vote will take place, and to give you a chance to vote by proxy on this change prior to it being put in place.  If that didn't happen you have a great case to fight them.  They would have to keep record of the vote and it's results to prove they met quorum and that it passed in case someone has an issue and wants to fight or pursue legal action.  

    Sounds like a good time to put the house on the market and get the hell out of there if that's at all possible.
    Large and Mini BGE

    Hamilton, VA
  • HeavyG
    HeavyG Posts: 10,350
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    Each year about this time I see the evening news (both local and national) running a segment on the dangers of gas grills. It’s always pretty dramatic when they show what happens when one is improperly lighted and what can happen when one develops leaks, etc., etc., etc.

    Might be worth tracking down one of those stories on the web and emailing  that link to all of your HOA board members (and any other residents if you have their email addresses). 

    I would definitely show up at the next meeting with a dog and pony show conveying that gas grills have their own set of dangers and are not inherently any safer than a kamado. I’d also talk to as many of your neighbors as you can to get their opinion on this matter so you’ll have some idea if the HOA board is acting upon neighbor complaints beforehand.

    You might also contact your local tv news stations and let them know  about this. They tend to love this sort of story.


    “Reality is that which, when you stop believing in it, doesn't go away.” ― Philip K. Diçk




  • busmania
    busmania Posts: 414
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    Littleton eh? Call the troubleshooter tom martino. 630 am radio. maybe he can help. he is a consumer advocate and loves stuff like this. my neighbors dont seem to love my smoking habit (both legal) but I dont live in an hoa neighborhood. Sorry to hear about your predicament. centennial, co
  • DieselkW
    DieselkW Posts: 894
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    You're allowed to operate a coal fired grill, you're just not allowed to have it on the deck/patio?

    Are you convinced it's a safety (insurance) issue, and not a smoke (nuisance) issue?

    Once you know the reason behind this rule, you can focus on the best method to petition for a variance.

    Indianapolis, IN

    BBQ is a celebration of culture in America. It is the closest thing we have to the wines and cheeses of Europe. 

    Drive a few hundred miles in any direction, and the experience changes dramatically. 



  • nth78
    nth78 Posts: 154
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    I wouldn't start proclaiming gas grills as dangerous.  You run the risk of them banning those as well and you are left with an outdoor George Foreman grill
  • EggHead_Bubba
    EggHead_Bubba Posts: 566
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    So glad I live in a neighborhood and not a subdivision that has an HOA!

    Rocky Top, TN — Large BGE • Cast Iron Grate & Platesetter • Rockwood Lump

  • Big_Green_Craig
    Big_Green_Craig Posts: 1,578
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    This is terrible news. We are moving in the next several weeks. When I came across this thread I imediately pulled up the conenant! <WHEW> All good here. Good luck my friend! 
  • aukerns08
    aukerns08 Posts: 253
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    tfhanson said:

    First, they are being dicks. Someone probably complained about the smoke. I'd get an electric smoker from Home Depot and run it 24 by 7. 

    Couldn't be more right about the dicks part.  This is also an awesome idea on giving the HOA the good ole middle finger.  I'd be all over this one and gladly spend the money on executing this.  Only way it could be a better idea is find out which a-hole hates the smoke and figure out a way to make sure he always gets a whiff of it.
    Large and Mini BGE

    Hamilton, VA
  • Nanook
    Nanook Posts: 846
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    Check this out. The anti-Egg Beeotch......

    https://www.linkedin.com/grp/post/3352309-210365959
    Not to play devil's advocate, but......
    if what the lady says is true, I can sympathize with her. My Eggs are on my deck, and most times when I'm cooking on them, I too have to close the windows, or the house becomes super smokey. I can deal wth my own smoke, but I imagine none of us would be too pleased to have to close our windows every day or two because of smoke the neighbour is creating......just sayin'
    GWN
  • DaveRichardson
    DaveRichardson Posts: 2,324
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    Check this out. The anti-Egg Beeotch......

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

    Love it!!!  The Anti-Egg Beeotch!  She's in her late 50's and probably doesn't like her hoard of cats smelling like hickory!

    LBGE #19 from North GA Eggfest, 2014

    Stockbridge, GA - just south of Atlanta where we are covered up in Zombies!  #TheWalkingDead films practically next door!

  • GuitarEC
    GuitarEC Posts: 122
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    You might ask for some sort of "Open Records Request" from your HOA, asking for all inter-board-member emails and/or meeting notes regarding the rules change.  Get the documentation from them as far as the process they used to come up with the rules change.  They may have no such rules or mechanism for meeting transparency (nor be required to), but it's one avenue to pursue.

    Also, DOCUMENT everything in a factual way - include timelines and names of those you spoke with regarding your initial request, and the subsequent rules change, your lack of notification, and the resulting notice of violation.  Keep that as a matter of fact, leave any opinions or assumptions out of it.  Print it off, and distribute it to all the homeowners.

    Sometimes letting everyone know what's going on can gently persuade a Board to back down (especially if the facts of the matter are shady).  Then again, it can also set yourself up for a major backlash.

    Use at your own discretion.

    Eric "GuitarEC"
    Metro Atlanta Area
  • Ladeback69
    Ladeback69 Posts: 4,482
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    Nanook said:
    Check this out. The anti-Egg Beeotch......

    https://www.linkedin.com/grp/post/3352309-210365959
    Not to play devil's advocate, but......
    if what the lady says is true, I can sympathize with her. My Eggs are on my deck, and most times when I'm cooking on them, I too have to close the windows, or the house becomes super smokey. I can deal wth my own smoke, but I imagine none of us would be too pleased to have to close our windows every day or two because of smoke the neighbour is creating......just sayin'
    I can see your point and especially if you live in a town home or condo, the nice thing I don't and everyone around me is either smoking meat or using the fire pit, so most of us like the smell of wood burning.  If the egg can be moved farther away for the structure then the smoke will hopefully too.  I would move if I had this issue, but living in Kansas City BBQ and grilling kind of go hand in hand so there is not a lot of complaining that I have ever heard.
    XL, WSM, Coleman Road Trip Gas Grill

    Kansas City, Mo.
  • THEBuckeye
    THEBuckeye Posts: 4,231
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    Nanook said:
    Check this out. The anti-Egg Beeotch......

    https://www.linkedin.com/grp/post/3352309-210365959
    Not to play devil's advocate, but......
    if what the lady says is true, I can sympathize with her. My Eggs are on my deck, and most times when I'm cooking on them, I too have to close the windows, or the house becomes super smokey. I can deal wth my own smoke, but I imagine none of us would be too pleased to have to close our windows every day or two because of smoke the neighbour is creating......just sayin'
    Whoever does not like the smell of a grill/BBQ is Un-American.

    ....just sayin'
    New Albany, Ohio 

  • blasting
    blasting Posts: 6,262
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    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.
    Ozzie - that is absolutely genius my friend.  I would do this this afternoon and put a cover on it.  Then let them spend money on a lawyer if they want.

    I don't know if you have prepaid legal or something like it, but a preemptive letter from an attorney warning them of harassment may make them focus on somebody's flag or trash cans instead.  HOA's for the most part are a bunch of nit pickers who are desperate to show how they are really the ones in charge of your trash cans.  

    Good luck OP


    Phoenix 
  • THEBuckeye
    THEBuckeye Posts: 4,231
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    Our by-laws require the Board Secretary to record all votes. They also require minutes from all Board Meetings. Ask for the voting record and Minutes on the issue. They're co-operation or lack-thereof will speak volumes. Plus, you'll find out the dissenting voters by name. 
    New Albany, Ohio 

  • air1keh
    air1keh Posts: 18
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    It would be interesting to understand when and how the rule was passed. My wife and I are involved in our HOA board here in Washington and we cannot just make rules up.  We can change the covenants but it requires a 2/3 majority of the residents to do so. You also have to legally notify the residents of the change and the vote and you must provide a meeting to get feedback. 

    If it's just the board making up rules on their own, you may be able to push back.


  • tfhanson
    tfhanson Posts: 219
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    air1keh said:
    It would be interesting to understand when and how the rule was passed. My wife and I are involved in our HOA board here in Washington and we cannot just make rules up.  We can change the covenants but it requires a 2/3 majority of the residents to do so. You also have to legally notify the residents of the change and the vote and you must provide a meeting to get feedback. 

    If it's just the board making up rules on their own, you may be able to push back.


    I second what air1keh said.  HOA's can't just make up new convenants without a passing vote of all members.
    Johns Creek, GA - LBGE and a some stuff
  • KiterTodd
    KiterTodd Posts: 2,466
    edited May 2015
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    I doubt the issue is smoke, but maybe I missed that in the thread.  It is likely the fire risk of attached homes...one goes up, they all go up.   This is common to not allow charcoal grills on decks and patios for that reason.

    If your unit has a garage & driveway, I'd just join the ranks of others on this forum and keep in in there and pull it out when you want to use it.  Certainly an inconvenience but you'd get to keep the egg.

    I think you have a really good case, though, because you went out of the way to ask about the rules before purchase.  At a minimum, you should demand they cover the loss from purchase price to re-sell price.  They are 100% responsible for you potentially having to sell it.

    I doubt you'll get the 2/3 vote in your favor because anyone who doesn't grill will side with safety.  I was in a townhome before my current house and dealt with more nit-picking then I do now.  It is an unfortunate tradeoff of dense living.  Everyone can see each other's business so they get into it.  You did the right thing and are getting whipped for it.  That sucks.  Good luck.

    And if nothing else, that video @fishlessman posted is great.  Do that and if they keep complaining say, "Go F yourself, I converted it to gas."  And of course still throw some lump in there or wood chunks.  If they start nitpicking cooks then you have a real case "Oh, are you f*cks going to look at every cook on the property and make sure nobody puts in wood chips?"  And if they are STILL a-holes.  Sell it, make them pay the difference, and then buy an electric smoker cabinet and fire that thing up every damn weekend...with lots of wood.

    Sorry...is it clear I really don't like nitpicky HOAs?  :lol:
    LBGE/Maryland
  • SGH
    SGH Posts: 28,791
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    I sure wish that I had some advice that would help, but sadly I do not. However I did want to voice my opinion and say what a load of bull$hit this is that they are tying to push on you. It's just F'ing retarded. With all of the real problems in the world today, you would think that people could find something better to complain or worry about that a man wanting to BBQ on a BGE. It's really sad. Good luck and I certainly hope that you win this somehow.  

    Location- Just "this side" of Biloxi, Ms.

    Status- Standing by.

    The greatest barrier against all wisdom, the stronghold against knowledge itself, is the single thought, in ones mind, that they already have it all figured out. 

  • aukerns08
    aukerns08 Posts: 253
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    Nanook said:
    Check this out. The anti-Egg Beeotch......

    https://www.linkedin.com/grp/post/3352309-210365959
    Not to play devil's advocate, but......
    if what the lady says is true, I can sympathize with her. My Eggs are on my deck, and most times when I'm cooking on them, I too have to close the windows, or the house becomes super smokey. I can deal wth my own smoke, but I imagine none of us would be too pleased to have to close our windows every day or two because of smoke the neighbour is creating......just sayin'
    So what happened to the days of just closing your windows and blinds when your neighbor did something you didn't like or want to see?  I just don't understand where/when we got the right to control our neighbors on their property because we don't like what they're doing or how it makes our house smell when we have the windows open as long as what they're doing is perfectly legal.  I suffer severely from seasonal allergies so my windows are usually closed, I don't see why it's a big deal to shut a few windows for a few hours occasionally during the week/weekend.  Just seems like the simplest solution to me to keep everyone happy.
    Large and Mini BGE

    Hamilton, VA