My HOA Banned Marijuana use. They say I can not smoke pot even INSIDE my home
- Thread starter Ringodoggie
- Start date
Yeah, I wish it was that easy.
The new CCRs claim that 'attrition' is adequate proof. In other words, if 2 or more neighbors say, "Oh yeah, he smokes in the house. I KNOW he does. I can SMELL it". That is enough to fine you. And, the board can set the fine from $100 to $5000 at their own discretion. And, if you don't pay it, they can assess your condo. Then, when you sell, 10 or 20 grand in fines can go to them at closing. Oh yeah.
I was reading case history on this and there are cases where the homeowner and HOA eventually went to court over it and the court ruled against the smoker. It is all about second hand smoke. Not really about pot. In fact, this case was about tobacco. The court ruled against the smoker and he persisted on smoking and in violating the court order, they actually evicted him from his own condo and locked him out until he agreed to stop smoking. The court order stated if he continued to smoke in his own home, he would be placed in jail. WTF?
The fucking USA is turning onto communist fucking reds.
Anyway, I am a little more calm than last week but we are still looking to move.
Under the new CCR's, the Board of directors (same board we have had here for 10 years, which is illegal in itself) can declare just about anything a "nuisance". Under the new clause, the HOA might declare that my indoor grow tent is a fire hazard and a danger to the surrounding owners and therefore...... a nuisance.
I know my patio grow is not up to code for a legal outdoor grow since there is no fence around it and it's more than 6 plants. They could shut that down.
We have a pot hater as our pres. She knows it's a gateway drug to heroin and she will not HAVE IT anywhere in HER condo development.
Fucking living under Hitler and I am a Jew. Time to leave.
The new CCRs claim that 'attrition' is adequate proof. In other words, if 2 or more neighbors say, "Oh yeah, he smokes in the house. I KNOW he does. I can SMELL it". That is enough to fine you. And, the board can set the fine from $100 to $5000 at their own discretion. And, if you don't pay it, they can assess your condo. Then, when you sell, 10 or 20 grand in fines can go to them at closing. Oh yeah.
I was reading case history on this and there are cases where the homeowner and HOA eventually went to court over it and the court ruled against the smoker. It is all about second hand smoke. Not really about pot. In fact, this case was about tobacco. The court ruled against the smoker and he persisted on smoking and in violating the court order, they actually evicted him from his own condo and locked him out until he agreed to stop smoking. The court order stated if he continued to smoke in his own home, he would be placed in jail. WTF?
The fucking USA is turning onto communist fucking reds.
Anyway, I am a little more calm than last week but we are still looking to move.
Under the new CCR's, the Board of directors (same board we have had here for 10 years, which is illegal in itself) can declare just about anything a "nuisance". Under the new clause, the HOA might declare that my indoor grow tent is a fire hazard and a danger to the surrounding owners and therefore...... a nuisance.
I know my patio grow is not up to code for a legal outdoor grow since there is no fence around it and it's more than 6 plants. They could shut that down.
We have a pot hater as our pres. She knows it's a gateway drug to heroin and she will not HAVE IT anywhere in HER condo development.
Fucking living under Hitler and I am a Jew. Time to leave.
xtsho
Well-known member
Good reason to get out of there. HOA's suck. If it's not the weed it's going to be something else. Parking in your own driveway at the wrong time = fine. Put a flower pot on your porch = fine. Etc... I've heard so many horror stories from people that I would never live anywhere that required belonging to an HOA. Life's too short to have to deal with a bunch of pricks and silly rules.
JeffWix67
Member
Why in the hell would you ever move to a place that has a HOA and why the hell did you sign the stupid paperwork?
I had the misfortune of buying a place that set up an HOA...I never opted in to participate and finally won a 3 year long court battle where they concluded that since I bought the house before hoa was in place I have the option to participate or not...I chose...NOT! and there was nothing they could do about it...and when I sold my house the new owner did not have to opt in either. He did not...as long as he never does he can sell it with the same option...in or out.
I had the misfortune of buying a place that set up an HOA...I never opted in to participate and finally won a 3 year long court battle where they concluded that since I bought the house before hoa was in place I have the option to participate or not...I chose...NOT! and there was nothing they could do about it...and when I sold my house the new owner did not have to opt in either. He did not...as long as he never does he can sell it with the same option...in or out.
This area was in a feeding frenzy two years ago when we bought here. We just bought fast and hard. And, the HOA rules at the time were fine. They were the original 1978 version and didn't have any of these bullshit smoking restrictions.
Our HOA is like a bunch of politicians that have been in office forever. The Davis-Sterling act is the law for how an HOA must conduct it's business and run it's corporation. It says that the HOA must change board members and presidents every two years. Ours have been the same people for about 10 years. We live in a resort community and about 2/3's of the owners are just part time. They are all back at their first homes for the Summer and have no idea this is happening.
The HOA we had in my last condo was awesome. We only had about 40 units and everyone knew everyone and we worked out any problems. This one is a total fuckup. And, they are all dykes who hate me because I have the penis they were supposed to get. Except the one male board member who is a walking butt plug.
We are definitely moving. Finding a house around here under a million bux is fucking tough.
Our HOA is like a bunch of politicians that have been in office forever. The Davis-Sterling act is the law for how an HOA must conduct it's business and run it's corporation. It says that the HOA must change board members and presidents every two years. Ours have been the same people for about 10 years. We live in a resort community and about 2/3's of the owners are just part time. They are all back at their first homes for the Summer and have no idea this is happening.
The HOA we had in my last condo was awesome. We only had about 40 units and everyone knew everyone and we worked out any problems. This one is a total fuckup. And, they are all dykes who hate me because I have the penis they were supposed to get. Except the one male board member who is a walking butt plug.
We are definitely moving. Finding a house around here under a million bux is fucking tough.
Personally I would love to fight this one in court myself. I believe that taking care of oneself is spelled out in the Declaration of Independence* and if correct then it's "right" and no hoa rules and regs can supersede a right.
You would need to prove you smoke for medicinal reasons but assuming you can do that, you should prevail in court.
*
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. ——
You would need to prove you smoke for medicinal reasons but assuming you can do that, you should prevail in court.
*
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. ——
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Probably be an easy win in court.
I am prescribed cannabis for treating the symptoms of my disability. Albeit, aren't we all? LOL Still, it is recommended by a doctor that I smoke pot to treat a disability.
In essence, they are prohibiting me from treating my disability. My guess is, that would be a pretty easy win in court. ADA regulations and probably more.
After you appeal to the Board. Then, go through arbitration. Then, go pay a lawyer to lie to a judge. Fuck that.
I am an outlaw and I don't use the court system. Someone pisses me off bad enough, they get found floating in the pool. Lot easier and I win every time. Court systems can be unfair.
But, this place was never really meant to be our final home. Too fucking small and I am not a team player. I'll never fit into any HOA or any other group on this rock. It's just the way it is and always has been. Some people are just like that. I am one of them. So, a private home was always in our future. I just don't like feeling like I am being pushed out.
I am prescribed cannabis for treating the symptoms of my disability. Albeit, aren't we all? LOL Still, it is recommended by a doctor that I smoke pot to treat a disability.
In essence, they are prohibiting me from treating my disability. My guess is, that would be a pretty easy win in court. ADA regulations and probably more.
After you appeal to the Board. Then, go through arbitration. Then, go pay a lawyer to lie to a judge. Fuck that.
I am an outlaw and I don't use the court system. Someone pisses me off bad enough, they get found floating in the pool. Lot easier and I win every time. Court systems can be unfair.
But, this place was never really meant to be our final home. Too fucking small and I am not a team player. I'll never fit into any HOA or any other group on this rock. It's just the way it is and always has been. Some people are just like that. I am one of them. So, a private home was always in our future. I just don't like feeling like I am being pushed out.
brickweeder
Well-known member
send the hoa prez a deuce nicely wrapped with a ribbon via ups from another county as a gift?
I hate HOA's so much. Fuck em all. Bunch of busybody, nerd ass people who engage with their HOA's and try to regulate their neighbors behavior. I want to live in an old school neighborhood with all different homes, big backyards, long driveways. Fuck all this shit.
And btw HOA's are an entirely capitalist concept, like it's easy to say "so communist/nazi omg" but look into it, they are for people who think of their homes as investments first and homes second. I hate this thinking because it's made all these people who should just be neighbors into little fucking wall street gamblers who see your oil stains in your driveway as an affront to their money. The first HOA's were in Pasadena and their rules included barring ownership by any "non-caucaisians", HOA's are fucking evil and always have been evil, and they're entirely an invention of capitalism.
And btw HOA's are an entirely capitalist concept, like it's easy to say "so communist/nazi omg" but look into it, they are for people who think of their homes as investments first and homes second. I hate this thinking because it's made all these people who should just be neighbors into little fucking wall street gamblers who see your oil stains in your driveway as an affront to their money. The first HOA's were in Pasadena and their rules included barring ownership by any "non-caucaisians", HOA's are fucking evil and always have been evil, and they're entirely an invention of capitalism.
goingrey
Well-known member
Some insurance companies claim that rolling papers are tobacco products. For real I have seen this in black and white (for health insurance though).
"BONGS AWAY!" 
No pot smoking... period. is how the new rules read.
Section 6.25. Smoking.
(A) With the exception of the Patios, no occupant, resident or guest shall smoke
cigarettes, cigars, or any other tobacco product anywhere within the boundaries of the
Development. This prohibition shall include the Common Areas, including the Common
Facilities, and the Residences. For purposes of this section, “smoke” shall include the inhaling,
exhaling, burning or carrying of any lighted cigarette, cigar or other tobacco product. Further, no
occupant, resident or guest shall smoke marijuana or any illegal substance anywhere within the
Development
I figured I could get around it by vaping.
I said, "No problem. I vape". They said, "It's the same thing".
That's the ignorance I am up against.
I would love to have a house with a big yard and all that. like I did back in Ohio. But, I love living in a resort town and I don't want to move out of town yet. And, big homes with yards are all over a million bux. I understand why. It's fucking awesome living here.
We are looking at some homes around 800k and I think we might be able to find something. All the homes here are so small. Even the 2 million dollar homes are all small. It's a resort town and most of the homes here were built as people's second home. We had 3600sf back in Ohio. This shithole I am in now is about 1200sf. My grow rooms were that big back in Ohio. LOL
I am not going to stay and fight. I am outta here. If they target me, I am fucked. I have grow rooms they will declare a fire hazard. I have illegal outdoor grows. They could fuck me good if we start a battle.
I am outta here. LOL And, thanks for the support, gang.
Section 6.25. Smoking.
(A) With the exception of the Patios, no occupant, resident or guest shall smoke
cigarettes, cigars, or any other tobacco product anywhere within the boundaries of the
Development. This prohibition shall include the Common Areas, including the Common
Facilities, and the Residences. For purposes of this section, “smoke” shall include the inhaling,
exhaling, burning or carrying of any lighted cigarette, cigar or other tobacco product. Further, no
occupant, resident or guest shall smoke marijuana or any illegal substance anywhere within the
Development
I figured I could get around it by vaping.
I said, "No problem. I vape". They said, "It's the same thing".
That's the ignorance I am up against.
I would love to have a house with a big yard and all that. like I did back in Ohio. But, I love living in a resort town and I don't want to move out of town yet. And, big homes with yards are all over a million bux. I understand why. It's fucking awesome living here.
We are looking at some homes around 800k and I think we might be able to find something. All the homes here are so small. Even the 2 million dollar homes are all small. It's a resort town and most of the homes here were built as people's second home. We had 3600sf back in Ohio. This shithole I am in now is about 1200sf. My grow rooms were that big back in Ohio. LOL
I am not going to stay and fight. I am outta here. If they target me, I am fucked. I have grow rooms they will declare a fire hazard. I have illegal outdoor grows. They could fuck me good if we start a battle.
I am outta here. LOL And, thanks for the support, gang.
fuckem.no body tells me what to do.cant wait to go back to the country
