HOA or Vet - Who is Right ?

[GURPS]

Homeowners Association: Veteran Can’t Build Furniture For Military Families In Need


A homeowners association is telling Dennis Kocher he needs to close up shop after years of doing business, or he could be fined between $100 and $1,000.
“I may not paint, sand, cut wood or screw on the property at anytime,” he said.
The new mandate cuts deep, as he’s been building cabinets and dressers for a decade, donating most to military families.
“Everyone who received my furniture or responsible for dispersing it gave me this gift and it’s something I’ll treasure forever,” he said holding a photo.
He builds to help make a better life for families who have very little.
Even as a nonprofit, the Vietnam veteran was told he had to get a business permit, which he did in 2012. But this March, the Lake of the Pines Homeowners Association took it away.
“Now they’ve come back to me and said I’m producing odors and noxious fumes,” he said.
Such complaints typically come from neighbors, but those who live nearby have written letters supporting Dennis Kocher and his work.

No Good Deed Goes Unpunished.

so he builds and gives way stuff, HOA says get a permit - he does, HOA takes away permit - you are a nuance .... neighbors support him ...

:shrug:

 

[GW8345]

Just another example that HOA are evil and to never live in a place that has one.

 

[Rommey]

I guess it would depend on what is in the covenants of the HOA.

Even as a nonprofit, the Vietnam veteran was told he had to get a business permit, which he did in 2012. But this March, the Lake of the Pines Homeowners Association took it away.

Who did he get the permit from: the city/county/state or the HOA? If he got it from the city/county/state, then what [legal] authority does the HOA to take it away? And can an HOA even issue a business permit?

 

[Tech]

I guess it would depend on what is in the covenants of the HOA.


Who did he get the permit from: the city/county/state or the HOA? If he got it from the city/county/state, then what [legal] authority does the HOA to take it away? And can an HOA even issue a business permit?

If he was required to get a business permit, is there money changing hands? What does the covenant say about a business use for the property? Is this a hobby or is he out there every day/night working on these things.

 

[Rommey]

If he was required to get a business permit, is there money changing hands?

Even if he did get paid, how does the HOA have authority to take it (business permit) away?

What does the covenant say about a business use for the property? Is this a hobby or is he out there every day/night working on these things.

I'm going to guess that there is some language that makes it hard to run a business from your property...BUT he "was told (presumedly from the HOA) he had to get a business permit, which he did in 2012", so were they wrong in 2012?

 

[Tech]

Even if he did get paid, how does the HOA have authority to take it (business permit) away?
I'm going to guess that there is some language that makes it hard to run a business from your property...BUT he "was told (presumedly from the HOA) he had to get a business permit, which he did in 2012", so were they wrong in 2012?

Like most things, we are only getting bits and pieces. HOA replace local governments in unincorporated areas, where the government regulate occupancy thru zoning codes, don't want a body shop setting up in the middle of your block.

I'm starting to get the feeling that the problem is somewhere else. I think someone else may have set up a wood shop business somewhere else in the development and when called out on it, he pointed fingers at the vet.

 

[BigBlue]

Before anyone jumps down my throat I'm with the VET absolutely! Who is complaining , is he working late at night keeping neighbors up and if the town (county) gave him a permit does the HOA have the right to take it ? ?

 

[kom526]

Before anyone jumps down my throat I'm with the VET absolutely! Who is complaining , is he working late at night keeping neighbors up and if the town (county) gave him a permit does the HOA have the right to take it ? ?

Agree. As long he isn't generating an inordinate amount of non neighborhood traffic and following all of the other HOA mandates, a hobby shop out of his garage should not be an issue. Still trying to figure out how the HOA could require him to get a business license even though he clearly states that he donates his wares. I wonder if Susie Puckeredanus has to have a business license when she has a passionparty.com thing at her place?

 

[GURPS]

Still trying to figure out how the HOA could require him to get a business license even though he clearly states that he donates his wares.

or why the permit was revoked ..... does someone hate charity and Vets that much :shrug:

 

[GURPS]

further research has yielded little past commentary on the original CBS News Story

Lake of the Pines Homeowners Association hammers man over carpentry

Disabled vet irked by denial of permit for garage woodshop

By: Gus Thomson, Journal Staff Writer


By the disabled Vietnam War veteran’s count, he makes about 25 pieces a year -- and has donated 50 over the years to families of service members who are stationed at Beale Air Base.

Lake of the Pines has authority to enforce its codes, covenants and restrictions, including noise problems related to everything from barking dogs to noisy air conditioners and power tools.

“They’re saying I’m creating noxious odors and fumes,” Kocher said. “Neighbors say it’s not the case.”

According to the Turner letter, noxious-activity citations are subject to fines between $100 and $1,000.

“Inspections are occurring,” Turner wrote. “The activity of manufacturing – sawing, hammering, painting, sanding etc. – may not be conducted on this lot. This regular activity places this well beyond any premise of ‘hobby.’”

Noxious activities are defined by the Lake of the Pines Association as “an unreasonable annoyance or nuisance to neighboring residents.”

Turner declined to be interviewed for this story, stating only that the association “strives to equitably enforce all governing documents.”

Neighbor Richard Knowlden is on Kocher’s side in the dispute.

“We’ve been here quite a few years, and he’s never bothered us in the least,” Knowlden said. “He starts and stops his work at a reasonable time, and noise is minimal. Plus, he donates so much to Beale for the wives and dependents of those who are overseas.”

it is MY Opinion, Kocher has pissed off someone on the HOA Board ... and that person is grinding an AX with spurious claims

 

[Dead Eye]

Best way to deal with any HOA is to immediately Lawyer up and sue for MAX. Don't matter if you will win or lose in court. MAKE them defend there self and explain the legal defense required to their meeting attendees. "Yea we gotta spend so many thousand in defense of this ludicrous law suit by so n so who claims we pick on him"