A Mississippi couple whose home was partially gutted in a fire is facing fines, court costs and possible jail time for temporarily living in an RV while they dealt with their insurance company.
Pam Navari says she and her husband lived in an RV in their driveway as they fought their insurance company over the settlement claim for a Christmas Eve fire. The living arrangement was subsequently found to be in violation of their homeowners association code, WAPT-TV reported.
A copy of the letter, posted on Navari’s Facebook page, urges the family to “remove the temporary housing structure by Sept. 5, 2019, to avoid any penalties.”
There is more to the story which you can read here.
No common sense used at all.
We’re living in our trailer as I write this (10 degrees) because a contractor made our house unsafe to live in. Fortunately we are allowed to live in the trailer and there isn’t a bunch of nit wits here to tell us we can’t live in our second home. Hopefully only an other 3 weeks. The port-a-potty isn’t a place to put our butts on a cold morning.
The document shows restrictions that personally we would never purchase there. Imagine no clothes lines allowed if the pleasant smell of fresh laundry is your pleasure, you’re out of luck. No play house. Some neighbourhood. All sterile and pretty without flavour.
It’s a shame HOA has to treat you that way-but then you joined HOA because they can rule you now. You are doing the best you can do and staying out of the street on your own property and its against HOA policy. Why do you want to rebuild there? What keeps you in HOA territory? If I was owner of my property, only the Communists could rule against my ownership and my property rules. I OWN the place ,don’t tell me I can’t use emergency roofing in times like this. Now get out there and tell the HOA to pound sand while you get things back together. IF they don’t like it, go get em……and see if your lawyer can get some money back too…..
The board of directors has the authority to grant a temporary exemption in situations like this without the approval of the majority of the neighborhood…. I’d bet there’s egos involved here. I know because I’ve been involved in HOAs for many years!
Most people (who live in but NEVER volunteer to serve) do not realize that most all BODs are made up of VOLUNTEERS in their community. And that these volunteers can be sued by their respective neighbors for not fulfilling “their fiduciary duty”. Which means enforcing the the covenants and rules voted upon and enacted BY THOSE VERY NEIGHBORS. All it takes is one or two nasty neighbors which have an axe to grind against one or more of the BOD directors and life for your volunteer director gets VERY uncomfortable very quickly.
I understand the couples situation. I own a 42′ motorhome that I keep on my country property. However, I chose to buy property in an area without a POA, for that reason. There are obviously pluses and minuses of both, but the people who pay premium prices for real estate, and high POA dues, should have the protection offered by such.
We all have seen neighborhoods and campgrounds that have become trailer parks (which are fine, as I spent the first 20 years of my life in one), and they not the place I want to spend my vacation. A POA has to enforce their covenants or they are doing a disservice to their other residents. I hope the Navari’s can get back in their home soon or find a nice place to “live” in their RV in the meantime!
I’m not sure where the threat of jail in the headline comes from. An HOA/POA cannot initiate a criminal charge or render a conviction, it can only levy fines. Also, this letter is BS, they make it sound like they HAVE to enforce the rule. There is probably a clause that lets them do a temporary exemption of the rule on compassionate grounds. These people are heartless. One more reason to avoid an HOA.
Nothing like “neighbors helping neighbors” eh? I’ve owned condos and lived in a development with a HOA and have vowed to never, ever live in either of those again. Far too often folks with no experience get on the board and suddenly become dictators. No thanks.
Another great reason to have your own attorney present YOU at any real estate closing not just the closing attorney to fully explain to YOU what YOU are purchasing and agreeing to with that real estate purchase.
Sometimes the “Me Gotta Have” overcomes common sense when making a purchase. Not saying that was the situation here HOWEVER these folks do have a contractual agreement with the HOA that they have agreed to abide by. Yes this is an unusual situation. That still does not relieve you of your contractual obligations.
HOA neighborhood rules are established for the good of the whole and not the few.
Don’t Like em?
MOVE!
We live in a community with an HOA and our vehicles are required to be in our garage overnight. There are residents that have pickup trucks that won’t fit in the garage because they are too long. They can get a waiver that is good for 1 year and is renewable for as long as they own the truck. I don’t see why this POA couldn’t provide a similar waiver to this family until the home is returned to a livable structure.
Ahhh where is the explanation of possible jail time”?
All the more reason not to give any of your property rights to a bunch of power hungry idiots in a hoa.
Might as well live in Venezuela or some other communist country! Never buy into an HOA!!!!
Get a Lawyer and you should be able to beat this, that is if your RV isn’t a trailer. In other words a motorhome isn’t a building, nor is it a trailer or any other specifically prohibited living unit. The reality unfortunately is that the HOA is spending “others” money and can afford to take this to the Supreme Court while you will be using your limited resources to defend against the inevitable lawsuit(s). Surely by now your Insurance Co. has acted and you should be well underway rebuilding. Try negotiating with the HOA Board for a couple of months after the expected completion date for rebuilding to cover any delays or code enforcement issues.
Wow talk about low of the lowest. I guess this is the times we live in. Live in the streets if you are displaced when you have a place to live in. I do know our township does have an ordinance on this one. But not sure the full details on it. I really wish them luck. I know people who live in condos and some of the associations are nasty people.
Why the *** do people rent or buy a house that has hoa fees, stop paying into those corrupt businesses and find housing elsewhere, then with a little luck we should see these hoa’s slowly disappear, if people keep paying these fees the hoa’s will keep getting more controlling and greedy!!!
That is why I moved from the city to 10 acres in Sumter county Fl. A lot of people I know love associations until things like this happen. I feel like a Free America where we live now.
We are looking in Sumter county too.
Years ago while looking for a house to buy we were offered some with a HOA, we refused to even look at them!
What is a “ten”? Not very professional if you can’t spell tent. No playhouse? Does this mean no swing set? No outdoor porch swing? MOVE away from those idiots. I guess the gutted damaged house is ok to be sitting there? AAAARRRRGGGHHH
OMG, that is ridiculous.. BUT HOA have rights and covenants and some are stupid… My sister lives in a subdivision that has HOA ,They said she could not park boat in grass…SO she went dug up the grass and had a load of gravel dumped there and parked the boat on the gravel….I would NEVER live where there is a HOA… I am thanful to live in the country….
I understand HOAs.
But I’d never live with one.
Living near the in-laws is bad enough.
Please read the whole story available at this time. Although I’m on the homeowners side, they created the “jail” issue by not showing up in court. If they had, the court would have issued a freeze order to sort things out. Everyone must play by the rules.
I have heard of these home owner associations and their covenants though I have never been part of one. They knew the rules. Why didn’t they park at a campground? Perhaps a friend who doesn’t have these restrictions could accommodate them. They are being stubborn and could put this to rest quickly. Perhaps their covenants need some revisiting.
I would never live in any subdivision where I have someone telling me what I can do on my own damn property that I worked and paid for.
We have only lived in one location where the covenants of the neighborhood would have prohibited our staying in the driveway like this. This was in Covington, Louisiana.
We were there during and post Hurricane Katrina. The neighborhood association waived these regulations after the storm. They also did the same during catastrophic damages such as these folks incurred. You have to wonder what goes on in the minds of those that actually use a tape measure to see how long your grass is.
Is appearance more important than a families plight? Get over it people!
I lived in Fort Lauderdale, and for 14 years I kept my Class A diesel pusher in the driveway, with no complaints from the city. All the neighbors were ok with it, and we even lived for 17 days on generator when the entire area was without power, supplying lights at night, and ice to those less fortunate after a hurricane. Next door neighbor was selling, and listing realtor, called and wrote the city that it was hindering her possibility of a sale. City gave me 14 days to move or face a $500/day fine. I sold and moved, promising myself, that I won’t ever deal with a hoa, or city laws again that don’t give me the right to do what I want on my property.
I was curious enough, after reading the article above, to do some Googling. Found this link and read a most interesting update: http://kingfish1935.blogspot.com/2019/11/the-rest-of-story-annandale-edition.html
Having dealt with insurance companies numerous (nearly 100) times after fires in Santa Barbara (I worked for a construction company and we did this pro bono with NO future work EVER required by us) it is understandable the difficulty and settlement delays these persons faced.
TheHOA needed to have compassion and understanding and could have passed an emergency “one time” Exemption to the rule!
Note: might be time to replace the board!!
Another good example of why one should NEVER buy into a place with a HOA and related covenants!
I have a motor home (class c). Does NOT fit their definition, and therefore, bring it on, moFo!
I also live in an HOA community.
I am also on the board, and would be an advocate for this person.