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My HOA is ordering me to remove my Egg from the property
Comments
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4Runner said:jak7028 said:....Attorney basically told them they were stupid ....
Basically the HOA was trying to site safety concerns for reasons to block a homeowners application to make changes to their property. They were told to read the HOA rules and objectively apply them to the specific change, that is it. Subjective safety concerns are not in their authority, they could report it to the police/city if necessary to let them handle that aspect of it.
I get involved in HOAs even though they are a pain in the ass. The alternative is letting dumbasses represent me and make decisions for me. Leads to rent-a-cops picking fights over piddly **** because they think they are the town Mayor.Victoria, TX - 1 Large BGE and a 36" Blackstone -
JRWhitee said:THEBuckeye said: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.
New Albany, Ohio -
ryantt said:I've never understood why people would live in a community with a HOA. if I want to go out back and fire up the damn egg at 2am I'm going to. I don't need to a group of people telling me when and if I can grill. I have enough morons legislating dumb **** and spending my money faster than I ever could.New Albany, Ohio
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fishlessman said:SmyrnaGA said:fishlessman said:table 4 shows that 80 percent of bbq related residential fires are sourced from gas with 17.5 percent from solid fuels. eggs dont accumulate grease like gassers either, grease fires are horrible with gassers and those are the fires that send people to the emergency room, no mention of that in this report, had an 70 year old neighbor lose the skin from his elbow down to his finger tips when his daughter tried to pull him away from the grill fire, the skin just slid right off, nasty fire
https://www.usfa.fema.gov/downloads/pdf/statistics/v11i1.pdf
also point out the fire screen on the lower vent and that you could build a fire arrester for the top even though its not needed, all you would need is a stack of expanded metal under the daisy to allow air flow and stop sparks, thats how they do it in camp stoves for use in a tentIn the middle of Georgia! Geaux Tigers!!!!! -
DieselkW said:Grilling by the numbers
- In 2012, 16,900 patients went to emergency rooms because of injuries involving grills.
- One of every six (16%) home structure fires in which grills were involved in ignition, something that could catch fire was too close to the grill.
- Overall, leaks or breaks were factors in one of every five reported grill fires.
- Gas grills contribute to a higher number of home fires overall than their charcoal counterparts.
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2 Suggestions
1. Schedule to attend the next HOA board meeting and speak with them directly (it's worked for me in the past regarding my dogs if it's not an insurance issue)
2. Disguise the egg as a ceramic flower terrarium that contains rare flowers that occasionally catch fire and cause smoke when they bloomFlorida
1 Lg BGE
Pulling my own pork since 2014 -
Curious, was that LinkedIn thing your neighbor? She described a run-in, any truth to her account? I can certainly respect not wanting to have smoke fill your house but that just sucks that they are messing with your freedom to cook great food. Maybe the garage/driveway workaround is the solution.Firing up the BGE in Covington, GA
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jonnymack said:Curious, was that LinkedIn thing your neighbor? She described a run-in, any truth to her account? I can certainly respect not wanting to have smoke fill your house but that just sucks that they are messing with your freedom to cook great food. Maybe the garage/driveway workaround is the solution.New Albany, Ohio
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There are MANY references to HOAs VS ban of grills etc. A little common sense and neighborly courtesy goes a long ways. Then again there are those people on these boards that just want misery for others and drive around looking for violations no matter how small and insignificant.
http://lmgtfy.com/?q=grill+banned+by+HOA#
LBGE 2013 & MM 2014Die Hard HUSKER & BRONCO FANFlying Low & Slow in "Da Burg" FL -
No way would I ever subject myself to an HOA community. My liberties and personal freedom are more important to me than my home's value.Steve
XL, Mini Max, and a 22" Blackstone in Cincinnati, Ohio -
THEBuckeye said:jonnymack said:Curious, was that LinkedIn thing your neighbor? She described a run-in, any truth to her account? I can certainly respect not wanting to have smoke fill your house but that just sucks that they are messing with your freedom to cook great food. Maybe the garage/driveway workaround is the solution.
Her's is a reasonable request. His desire to grill is also reasonable. She has a right to have her windows open and not get her house filled with smoke. He has a right to grill whenever he feels like it. There is a compromise in there. I think it would have been very reasonable for him to get her phone number and place a call saying "Hey, I'm about to fire up my grill, you might want to close your windows." If she chooses not to at that point, he as done his due diligence and it is now her problem.
When I read this, I thought what would I do if one of my neighbours came over and asked me to stop using my egg or asked me to move it. My answer would not have been to slam the door in her face, nor would I move it either. I would however agree to call her and let her know that I was firing it up. Also, I would tell her be prepared to get a call every day, somewhere between 5 and 7 PM.
Johns Creek, GA - LBGE and a some stuff -
I live next to 4 dogs (in one back yard) including a coon hound that bellows most every time I take my dog out our back door. Our HOA has a nuisance clause including dog barking. Though I've thought about it more than once, I've not filed a formal complaint. If they complained about the smoke from my Egg, I'll tell them to kiss my ass.New Albany, Ohio
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tfhanson said:THEBuckeye said:jonnymack said:Curious, was that LinkedIn thing your neighbor? She described a run-in, any truth to her account? I can certainly respect not wanting to have smoke fill your house but that just sucks that they are messing with your freedom to cook great food. Maybe the garage/driveway workaround is the solution.
Her's is a reasonable request. His desire to grill is also reasonable. She has a right to have her windows open and not get her house filled with smoke. He has a right to grill whenever he feels like it. There is a compromise in there. I think it would have been very reasonable for him to get her phone number and place a call saying "Hey, I'm about to fire up my grill, you might want to close your windows." If she chooses not to at that point, he as done his due diligence and it is now her problem.
When I read this, I thought what would I do if one of my neighbours came over and asked me to stop using my egg or asked me to move it. My answer would not have been to slam the door in her face, nor would I move it either. I would however agree to call her and let her know that I was firing it up. Also, I would tell her be prepared to get a call every day, somewhere between 5 and 7 PM.
I can guarantee you in this particular case she does plenty to piss him off in kind, it's just how it is with neighbors. Everyone with neighbors has been or will be pissed about something the neighbor is or isn't doing. It's completely unavoidable, most of us with common sense deal with them in silence because we understand that most of the time it's a minor thing that happens occasionally, there's more important **** to worry about in life other than the neighbors grilling habits and we know we do plenty on our own to piss them off unintentionally. Unless it's a real safety issue I don't know why you go over to complain to your neighbor over a slight inconvenience a couple hours a week or day or whatever it is. You're just opening yourself up for this very type of a reaction.
Large and Mini BGE
Hamilton, VA -
aukerns08 I agree with everything you are saying. You are probably correct, there probably was already some kind of neighbour feud already going, happens way to easily living in a neighbourhood.
Right now, I have no problems with any of my immediate neighbours, if anyone of them was to come over and complain about my egg I would try to be accommodating (As long as they were being polite in their request. If they came over and were complete dicks about it, something completely different). If you are not accommodating, then you are such being a **** yourself.Johns Creek, GA - LBGE and a some stuff -
Mount a fire extinguisher next to it
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Another reason I would never live in a HOA...Plus if you are gated, I hate gates and if I have to pee real bad, I need to get into my house quick! :Visalia, Ca @lkapigian
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cul-de-sac-er said:Mount a fire extinguisher next to itJohns Creek, GA - LBGE and a some stuff
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Foxtrot that Bravo Sierra. The only way anybody messes with my BGE is after they pry it from my cold dead fingers.
That makes as much sense as not allowing a sunbrella on the deck due to wind."Knowledge is Good" - Emil Faber
XL and MM
Louisville, Kentucky -
Makes me happy my neighbors bring me smoke wood. I do share everything I make with all of them.A bison’s level of aggressiveness, both physical and passive, is legendary. - NPS
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Legume said:Good info @DieselkW but does that account for the % of home grills that are gas vs wood & charcoal? I wonder if gas grills outsell charcoal in the home market and the rate is actually similar. Either way, find the stat that presents the strongest argument and use that.
I haven't read all of the posts, but may want to consider asking the fire marshal for sources of reference info.
Also, I would consider asking HOA for listing of all variances they've granted in past few years. In my experience, these are not usually visible to the casual homeowner, just a matter of record between the board and homeowner.
Since you can put a grate over a fire pit and fill it with briquettes to make a charcoal grill, or include the thousands of table top Hibachi, I imagine there are a LOT more charcoal grills in use, and a lot more of them in disrepair.
I bought a Webber kettle grill every 4 or 5 years, but only had to replace my gas grill once in 10 years. So sales volume means exactly squat.
Given that there are as many idiots lighting briquettes with a gallon of fluid as there are idiots filling the closed up grill space with propane and lighting a match, when the NFPA says that more fires are caused by gas grills I would promote that statistic and let the HOA figure out the percentages of gas vs coal.
Either way, the Kamado design is safer (IMO) than either a traditional briquette burner or a gasser.
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.
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@tfhanson I can completely agree with that. I wasn't trying to come off as attacking you or anyone in particular, I just can't really fathom what my reaction would be if a neighbor came over complaining about my grilling or the smell coming from my grill. I don't have any real problems with my direct neighbors except for one but he seems to be the issue as it seems like everyone on the street is having similar issues with him. I just don't understand how people have so much time in their life or life figured out so well, whichever could be the case, that they have time to worry so much about the neighbors garden, or that the grass is a half inch to high, or whatever else. I guess if we can get to that point in life we're either all a-holes or we've been successful enough to have that sort of time on our hands.Large and Mini BGE
Hamilton, VA -
Hotch said:Wow you can smoke pot and not a butt.
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cul-de-sac-er said:Mount a fire extinguisher next to itXL, WSM, Coleman Road Trip Gas GrillKansas City, Mo.
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This has been a good PSA. We are close to down-sizing in the next years or so and the ability to own an Egg in a future residence will be at the top of my list.New Albany, Ohio
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tfhanson said:cul-de-sac-er said:Mount a fire extinguisher next to it
Excellent idea. I will add that to my presentation.Littleton, Colorado
LBGE
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Trying to think ahead here: is anyone aware of a propane conversion kit for the BGE?
Littleton, Colorado
LBGE
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maybe take a spin around the grounds and see if you notice any Webers around, or any offset smokers. Just for the sake of reference.
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THEBuckeye said:This has been a good PSA. We are close to down-sizing in the next years or so and the ability to own an Egg in a future residence will be at the top of my list.
I highly recommend you do. We moved from a 4,000 sq ft house to a 1,700 sq ft townhouse when we became empty nesters. After a nasty condo experience when we were first married 35 years ago, I said I'd never be joined to the fortunes of others again. But the enticement of someone else doing the yard work, gutter cleaning and snow removal got to me in a weak moment and here we are. We love our unit and in the past I've been grateful for the volunteers on the HOA who keep the place looking nice, while ignoring the murmurs of disgruntled neighbors who threw around the word "Nazi" a bit carelessly when they had encounters with the HOA. If there's anything you can learn from my experience, it's that the rules can be changed after you're settled in. And it's easy to say, "Well, just move," but after the ordeal of downsizing to move here, if I tried that on my wife I think I'd regret having given her the combination to my gun safe.Littleton, Colorado
LBGE
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Spaightlabs said:maybe take a spin around the grounds and see if you notice any Webers around, or any offset smokers. Just for the sake of reference.
I did exactly that, hoping to find some clandestine BGEs or Webers on the decks of the HOA Board members, but no such luck. When you think about it, though, all I would have accomplished is helping the HOA ruin someone else's day.Littleton, Colorado
LBGE
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Class_of_75 said:Trying to think ahead here: is anyone aware of a propane conversion kit for the BGE?Re-gasketing America one yard at a time.
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