Insane homeowners' associations, cont.

[bbgun]

Kennewick reservist faces threats over landscaping

Lt. Burke Jensen was called five months ago to serve his country in Kuwait. Now he is being told to get an irrigation system and landscaping on his property as soon as possible or face legal action from the Oak Hill Country Estates Homeowners' Association.

By John Trumbo
Tri-City Herald

KENNEWICK — Burke Jensen moved to Kennewick about a year ago, bought a nice house in the country south of the city and began to settle into a new job at Energy Northwest.

Then came the call five months ago to serve his country in Kuwait.

So Jensen, who says he is an involuntarily mobilized reservist, headed off, leaving behind a pregnant wife, a young son and a 2.5-acre lot with not a spot of landscaping.

Now, Lt. Jensen is being told to get an irrigation system and landscaping on his property as soon as possible or face legal action from the Oak Hill Country Estates Homeowners' Association.

"I really don't give a [expletive] where he is or what his problem is," said Chick Edwards, owner and developer of the 47-lot subdivision at the south end of Oak Street in Kennewick.

"It doesn't matter to me," said Edwards, who insists Jensen has violated terms of the homeowners-association covenants requiring that landscaping be completed within one year after an occupancy permit is issued for a home.

"[Jensen] doesn't have the right to walk away from his obligation," said Edwards, who as the developer is the only member of the homeowners association. "I have most of the property still, so I am the homeowners association," he said.

Jensen's situation is complicated by the fact his wife chose to return with her son to stay with family on the East Coast for the duration of her pregnancy, leaving the home unoccupied.

Jensen's attorney, Tony DeAlicante of Redmond, Ore., said Jensen had paid a landscaper thousands of dollars to design and install an irrigation system and hydroseed the large lot this summer.

But DeAlicante said it appears the landscaper may have abandoned the job with the irrigation system only partially completed and no seeding done.

DeAlicante said Jensen also would like to find a renter for his home, but Edwards said that would be a commercial use not allowed by the homeowners association.

"He's not going to rent it," said Edwards. He said an attorney who has reviewed the covenants agrees.


An e-mail on Friday from Jensen to DeAlicante, which was provided to the Herald, says several of Jensen's fellow employees at Energy Northwest are helping to clear the property of weeds and blow out sprinkler lines, if necessary, to make sure they will not freeze during the winter. It also says a neighbor used a tractor to mow weeds.

Rick Miller, whose home is in sight of Jensen's, said he's sympathetic to Jensen's situation. "Given the circumstances, it doesn't bother me," he said. "He can't control the circumstances."

DeAlicante said he has written Edwards to tell him the federal Servicemembers Civil Relief Act prevents any civil legal action from being taken against someone on active military duty overseas. He also maintains Edwards cannot legally prevent Jensen from renting his property.

But Edwards said he isn't backing down.

"This is a contract. I don't like the way his property looks. This clown gets to do what he wants, and I'm as mad as hell," he said.

 

[Warick]

Yet another reason why I will NEVER live in a home where there is a HOA.

There was a story on the news here in Dallas a few months ago about a homeowner who was warned about leaving his BRAND NEW pickup (Ford F150) parked in HIS OWN driveway overnight. Apparently, the BRAND NEW pickup wasn't good enough for the HOA, and only allow luxury pickups.

http://www.***BANNED-URL***/sharedc...pickups_17met.ART0.West.Edition1.4d8a269.html

[SIZE=+2]Frisco man says HOA won't let him park pickup on driveway

[/SIZE] [SIZE=-1]01:32 PM CDT on Monday, August 18, 2008

[/SIZE] [SIZE=-1]By STEVE STOLER / WFAA-TV (Channel 8)
sstoler@wfaa.com[/SIZE] If there's one thing Texans are serious about, it's pickups. But a Frisco man says his truck is being targeted simply because his homeowners association doesn't think it's classy enough. Jim Greenwood said he never dreamed his HOA would have a problem with his new Ford F-150 pickup. Then he received the first of three notices threatening him with fines.

"Mr. Greenwood, you're violating a subdivision rule that prohibits pickup trucks in your driveway," the notice reads. Stonebriar HOA rules allow several luxury trucks on driveways, including the Cadillac Escalade, Chevy Avalanche, Honda Ridgeline and Lincoln Mark LT. But most Ford, Dodge or Chevy pickups are restricted. "It's very frustrating and confusing. It's hard to imagine how an HOA would try to dictate what type of vehicle you can drive and park in your driveway," Mr. Greenwood said.

Bill Osborn of the HOA board said the association also prohibits boats, trailers, golf carts and RVs in driveways. "The high-end vehicles that are allowed are plush with amenities and covers on the back. It doesn't look like a pickup," he said. "It's fancier." Mr. Greenwood appealed, claiming his Ford F-150 isn't much different from the Lincoln Mark LT. "The response was: 'It's our belief that Lincoln markets to a different class of people,' " he said. "Furthermore, one board member told my wife that if we don't like it, we can move."

HOA officials said that many Stonebriar homeowners own pickups but that they abide by the rules and keep them parked in their garages. "A Chevy Suburban can be in the driveway," Mr. Greenwood said. "If we had a big Hummer, that could be in the driveway. If we had a Lincoln Mark LT, that could be in the driveway. But a Ford F-150 can't. "That doesn't make sense."

McKinney Ford dealer Bob Tomes agreed. In Texas, he said, truck owners should have the right to park their pickups on their driveways – even in a gated community.