[acr242004]

ODESSA, Fla. - It's hard to believe that A.J. Vizzi spent nearly $200,000 defending his right to park his own pickup truck in his own driveway.

When he first moved in back in 1997, Vizzi was told that parking his large truck in the driveway wasn't against the subdivision's rules. But years later, the Eagles Masters Association, which governs the entire community, said it did violate their rules and therefore, the truck had to go.

It didn't end there. Knowing the truck did not fit in his garage, Vizzi decided to stand his ground.

The homeowners association sued Vizzi, and for two exhausting years, the two parties battled in court.

"They just didn't care," Vizzi told FOX 13. "It was like, 'our rules overrule what your community says because we're a master association and, you know, we're right and you're wrong.' I couldn't believe I had to go hire an attorney just to defend myself against this, what was a meritless lawsuit."

In December of 2008, Vizzi and his family got an early Christmas present: A judge ruled in their favor. It was finally over, they thought. But the homeowners association appealed the decision, and off to court they went once again.

Finally, in March of this year, A.J. won again and a judge awarded him more than $187,000 in legal fees just this week.

"I think what people should take away from this is that homeowners should be left alone unless it’s a very serious issue," Vizzi's attorney, Dan Anderson said. "And, certainly, requiring a homeowner to spend over two hundred thousand dollars to defend themselves simply to park a vehicle in the driveway just doesn't make any sense at all."

Despite the cash, it's Vizzi parking his truck in his own driveway that remains the biggest victory of all.

"I think that maybe I was just being bullied by this group," said Vizzi, "and maybe now they'll think twice."

In a news release from his law firm, Anderson said the association will have incurred more than $300,000 in legal fees and costs after paying the Vizzis. He said the Vizzis regret the fact that the homeowners will end up paying the bill, but had no other choice aside from giving in to the association's demands.

Originally reported by MyFoxTampaBay.com:

http://www.myfoxtamp...driveway-072810

[___]

Imagine that....
a HOA bullying someone around! All you need is one board member that's just a little too full of themselves.
I could not live anywhere where I was told what color my mailbox had to be.

[ChefP]

___, on 30 July 2010 - 07:13 AM, said:

I could not live anywhere where I was told what color my mailbox had to be.

Too true. Some of those HOA rules are ridiculous. Here's a couple good examples:

Texas Foreclosure
Wrong Mulch Color

[Toddler]

Old people get pretty stuborn...

[Phil @ LKN]

Everyone is entitled to live where they wish. That's what's so great about America.

[OverAndUnder]

The amazing thing in all this is that a simple dispute over the rules and whether or not he could park his truck ended up putting $300k in the lawyers pockets.

[ChefP]

Over here in Asheville, land of the long lost hippies, we're eco-everything, but a local development that shall remain nameless (OK, its initials are CREST MOUNTAIN) bans clotheslines, solar/wind collectors and veggie gardens. Go figure. As TWRO says, the beauty of the USA is being able to choose where one lives and that's exactly why I've got a couple acres out in the hills.

[chunk950]

acr242004, on 30 July 2010 - 01:35 AM, said:

ODESSA, Fla. - It's hard to believe that A.J. Vizzi spent nearly $200,000 defending his right to park his own pickup truck in his own driveway.

When he first moved in back in 1997, Vizzi was told that parking his large truck in the driveway wasn't against the subdivision's rules. But years later, the Eagles Masters Association, which governs the entire community, said it did violate their rules and therefore, the truck had to go.

It didn't end there. Knowing the truck did not fit in his garage, Vizzi decided to stand his ground.

The homeowners association sued Vizzi, and for two exhausting years, the two parties battled in court.

"They just didn't care," Vizzi told FOX 13. "It was like, 'our rules overrule what your community says because we're a master association and, you know, we're right and you're wrong.' I couldn't believe I had to go hire an attorney just to defend myself against this, what was a meritless lawsuit."

In December of 2008, Vizzi and his family got an early Christmas present: A judge ruled in their favor. It was finally over, they thought. But the homeowners association appealed the decision, and off to court they went once again.

Finally, in March of this year, A.J. won again and a judge awarded him more than $187,000 in legal fees just this week.

"I think what people should take away from this is that homeowners should be left alone unless it's a very serious issue," Vizzi's attorney, Dan Anderson said. "And, certainly, requiring a homeowner to spend over two hundred thousand dollars to defend themselves simply to park a vehicle in the driveway just doesn't make any sense at all."

Despite the cash, it's Vizzi parking his truck in his own driveway that remains the biggest victory of all.

"I think that maybe I was just being bullied by this group," said Vizzi, "and maybe now they'll think twice."

In a news release from his law firm, Anderson said the association will have incurred more than $300,000 in legal fees and costs after paying the Vizzis. He said the Vizzis regret the fact that the homeowners will end up paying the bill, but had no other choice aside from giving in to the association's demands.

Originally reported by MyFoxTampaBay.com:

http://www.myfoxtamp...driveway-072810

If it wasn't against the rules when he moved there then yes I'm glad he won. As far as HOA rules go.... I believe in them and they should be enforced. When I moved to my neighborhood I read every detail of our HOA rules and abide by them because I liked the rules. IMHO, if you don't like the rules, don't move to that neighborhood. Others want to live in a nieghborhood to avoid some of the clutter and stuff that goes on. I agree that some rules get crazy but again if you disagree with the rules, don't move there. We do have some violator's in our neighborhood that have violated a few minor things but they aren't enforced. HOA rules are there for a reason.

[Futzin']

Always enjoy a voice of reason (the new TWO).

Hope you and yours are having a good summer, B.

K

[Tanhands]

I live in a HOA. I like that my neighbors can not park in the lawn and leave their cars on Jack stands for 3 months. And I think if you move in and agreed to the rules then you should not complain. But they do seem to get a bit out of hand. I had to sue my last HOA because they refused to keep the weeds and grass in the Common areas taken care of. So a couple calls to a lawyer who would sue for a percentage, a day in court and I walked away with a restraining order and almost $500.

It sounds like he asked before he moved in and they told him it was OK then the HOA's Parent company decided their rules overruled his local HOA.

[Tanhands]

Oh and at this point just to spite them it would be great if he sold it for a Prius.

[Futzin']

And parked it on the street!

[acr242004]

some HOA stuff is okay but my big problem is the HOA does not pay my house pmt. or my taxes in fact we have to pay them. so based on that what gives them the right to say what I can or can not do on the land that I pay for. If it is not aginst the local, state, or fed. law then it should be up to me

[Chap442]

ChefP, on 30 July 2010 - 11:44 AM, said:

bans clotheslines, solar/wind collectors and veggie gardens.

Our HOA has 2 of the 3 we get to have veggie gardens as long as they are in the backyard and not viewable from the street

[chunk950]

acr242004, on 30 July 2010 - 07:48 PM, said:

some HOA stuff is okay but my big problem is the HOA does not pay my house pmt. or my taxes in fact we have to pay them. so based on that what gives them the right to say what I can or can not do on the land that I pay for. If it is not aginst the local, state, or fed. law then it should be up to me

There are plenty of places that don't have an HOA. People can choose to live there and not worry about rules. Some people want an HOA for the rules. It is a civil agreement and not a criminal law. I pay HOA dues and they go to the upkeep of the park, trail and common area's in my neighborhood. They are kept up very nice. My payment also goes to help fight the rule breakers. I don't mind a minor violation here and there but when people build a house in the neighborhood, they sign the HOA contract which is a civil agreement. Just like any other civil agreement you would sign up for. I personally don't care to live by someone who will have an old vehicle up on jacks for a year in the driveway, or someone who will paint their house purple. Or have a pitbull tied up in the front yard to a tree with a big worn dirt circle. These rules keep our property values higher and keep the neighborhood looking nice which is the whole purpose of the rules that I agreed to.
People can never do whatever they want on their land. There are criminal violations, codes violations, health department violations, animal control violations etc. This is just an extension of that. HOA is not forced on anyone. You buy the property knowing this is a contract. It's easy....either accept it or go somewhere without an HOA.

[IndyChap]

+1 on the HOA... my HOA does send a letter if the boat is in the driveway for more than 3 days... it has happened 2 times in 11 years (delayed trailerboating trips).

I gladly trade this for the retained property value (less now than 5yrs ago.. but thats another story), that a HOA helps enforce.

point being I read the bylaws before purchasing and expect that OTHERS will abide by those laws as well.

[Doxology]

The nice thing about America is that we have choices. If you like HOAs and there rules and want to live there, GREAT! And if you don't and want to live in the hills, GREAT! And if you want to live in an ant hill in the city, GREAT! Or if you want to live on your boat in the water, SUPER! BTW, no HOAs on the water.

[TXChap]

Doxology, on 07 August 2010 - 06:00 AM, said:

The nice thing about America is that we have choices. If you like HOAs and there rules and want to live there, GREAT! And if you don't and want to live in the hills, GREAT! And if you want to live in an ant hill in the city, GREAT! Or if you want to live on your boat in the water, SUPER! BTW, no HOAs on the water.

Well said!!