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Tue May 7, 2019, 01:58 PM

Battle between homeowner and HOA over truck could lead to foreclosure

https://www.kmov.com/news/battle-between-homeowner-and-hoa-over-truck-could-lead-to/article_e1558622-706f-11e9-960a-53c202ba6990.html
"Not only does Lipka love the way it drives, he likes the paint job. As he describes, “It's not damaged, it's the way the finish has evolved over the years.”

His homeowners association (HOA) hates it. So much so, they are suing him. The bylaws of the HOA in his Chesterfield neighborhood state vehicles with moderately severe body damage can't be parked in the driveway. But Lipka says his classic truck does not have body damage.

Lipka told News 4, “Its original Ford paint from 1965, it’s sought after now.”

In the car world, it's known as a patina finish and car experts say it’s a rising trend.

Noah Alexander owns a classic car studio in St. Louis and is also the face of a nationwide show shot from his shop called ‘Speed is the New Black.’ Alexander says some clients specifically request the patina finish.

He says, “I think it's very popular now and becoming more popular.”

But in Lipka's case, beauty is in the eye of the beholder when it comes to the Woodfield Homes Association in Chesterfield.

He parks his truck in his driveway because his garage houses two other vehicles. He's been assessed nearly $3,000 in penalties and fines, and is facing a very serious threat.

Lipka says the lawsuit, “Also implicates my house. They want to foreclose on my house.”

If the fines aren't paid, the HOA will seek foreclosure. Lipka has filed a countersuit.

He understands the benefits of an HOA and rules that prohibit parking cars with flat tires or ones that are inoperable outside, but he feels this has gone too far."

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Arrow 22 replies Author Time Post
Reply Battle between homeowner and HOA over truck could lead to foreclosure (Original post)
pstokely May 7 OP
hlthe2b May 7 #1
MineralMan May 7 #2
pstokely May 7 #11
ProudLib72 May 7 #14
MineralMan May 7 #15
ProudLib72 May 7 #17
Ohiogal May 7 #3
obamanut2012 May 7 #4
dameatball May 7 #8
Turbineguy May 7 #5
wasupaloopa May 7 #13
hlthe2b May 7 #16
MarvinGardens May 7 #6
MH1 May 7 #9
MarvinGardens May 7 #10
dameatball May 7 #7
pstokely May 7 #12
Bettie May 7 #18
Xolodno May 7 #19
Mr. Ected May 7 #20
pstokely May 8 #21
ripcord May 8 #22

Response to pstokely (Original post)

Tue May 7, 2019, 02:01 PM

1. HOA's offer benefits, but in far too many cases are readily manipulated and become a homeowner's

nightmare. In general, I think states need more oversight. My comments are general, as I don't know enough about this particular case.

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Response to pstokely (Original post)

Tue May 7, 2019, 02:03 PM

2. But it doesn't look "nice," see...

Cars are supposed to be shiny and stuff. And besides, it's really old. Everyone else owns late-model cars, see. His truck detracts from the "tone" of the neighborhood. It just looks, you know, "trashy." It's a nice neighborhood, you understand, not some trailer park, after all. He should just take that truck to the junkyard and buy a new one like the rest of us do.

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Response to MineralMan (Reply #2)

Tue May 7, 2019, 02:53 PM

11. even trailer parks can be anal

nt

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Response to MineralMan (Reply #2)

Tue May 7, 2019, 03:00 PM

14. I say clear coat it.

Preserve the finish. Get it appraised by someone who actually knows a thing or two about classic cars. When the appraisal comes back around $30K, show that to the courts.

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Response to ProudLib72 (Reply #14)

Tue May 7, 2019, 03:08 PM

15. My brother-in-law is a hot-rod guy.

He's always building one car or another. Right now, he has a 1930s Chrysler Sedan body in his shop. It's rusty as can be. He's building a brand new frame for it, and will be using modern components under that body, but the body, itself will be left rusty. He's even riveting some sheet metal body patches on to cover rusted out areas, and is treating those so they'll rust, too. When the car is assembled, it will get seriously clear-coated, but in a flat finish to preserve the look of the old rusted body. The body looks like a classic gangster-mobile.

The plan for the interior is to use wicker lawn furniture with cushions for seating, and faded canvas awning material for the headliner. he's building a rat-rod. The running gear will all be modern, but the look will be ancient rust.

My favorite feature of this new project is the faded white "FOR SALE" that was painted on the body with a wide paintbrush many years ago. That will still be on there, clear-coated like the rest.

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Response to MineralMan (Reply #15)

Tue May 7, 2019, 03:16 PM

17. Yes, flat or semi-gloss 2k clear coat

I watched an episode of Wheeler Dealers where they rubbed some of the body panels of an old truck to get more patina. Then they clear coated it. I like the authentic patina better. There is history in it. Did you see how the tops of the bed sides were rubbed down? A lot of lumber went in and out of that bed.

I think this is purely anti-classic car on the part of the HOA. Some people (most people) simply don't get it.

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Response to pstokely (Original post)

Tue May 7, 2019, 02:08 PM

3. He was threatened

with foreclosure over this???? Wow. Just wow.

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Response to Ohiogal (Reply #3)

Tue May 7, 2019, 02:13 PM

4. People know HOA rules before they buy a house

In many states, you have to read them and sign that you did before you can make an offer on a house or condo.

Don't like it, don't live with an HOA. Live with one, you have to abide by the rules and regulations.

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Response to obamanut2012 (Reply #4)

Tue May 7, 2019, 02:26 PM

8. Point taken, but he did know the rules. He just does not think his truck has what the HOA rules

describe as "body damage." They disagree on the term.

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Response to pstokely (Original post)

Tue May 7, 2019, 02:15 PM

5. Our condo HOA

Used to be run by nice, reasonable people. But we have a couple of residents who think everything is part of a deep-state conspiracy and their mission is to give the HOA people the maximum amount of shit. The nice people did not run for office again when their term expired. We now have assholes in charge.

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Response to Turbineguy (Reply #5)

Tue May 7, 2019, 02:56 PM

13. That happened to me. I was our HOA President. Right wingers started making up conspiracy theories

about me.

They said I was having secret meetings and making up rules without any homeowner input.

I resigned rather than put up with their shit.

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Response to Turbineguy (Reply #5)

Tue May 7, 2019, 03:15 PM

16. I've seen that happen 2X to horrific results. Those stating that "you know the HOA rules beforehand"

don't realize the latitude to "re-interpret" rules--or even the ability to bulldoze and create NEW rules, to harrass, threaten, shun, destroy reputations through innuendo... This can happen nearly overnight--just when one clique' replaces the major group within the Board.

Again, those who think rules are rules and this can't happen, all I have to say is that you don't have a clue... The problem is big enough that there have been repeated attempts for States to reign in out-of-control and unaccountable HOA boards.

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Response to pstokely (Original post)

Tue May 7, 2019, 02:16 PM

6. This sort of thing is why,

with both of my home purchases, I actively sought out homes that were not bound to an HOA. For those of you who value being left alone over your neighbors having perfect landscaping, there are plenty of older homes out there, sans HOA.

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Response to MarvinGardens (Reply #6)

Tue May 7, 2019, 02:27 PM

9. I want an HOA

that says homeowners aren't allowed to use any pesticides and must maintain only native plant landscapes, and must report any invasive plants that they are unable to remove on their own.

Oh and being caught dropping a cigarette butt on the ground gets fined and after x occurrences you get booted.



I seriously doubt there is any HOA anywhere like that. But that would be fairly cool.

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Response to MH1 (Reply #9)

Tue May 7, 2019, 02:45 PM

10. Yeah, that might be one worth having.

I maintain my backyard as a semi-natural meadow. In spring I let the wildflowers get really high before I mow. Then I mow around a few of the biggest patches and leave them standing for weeks longer. No herbicides, and only targeted pesticides for fire ants, doing my best to leave the other bugs alone. I've not had to go after the fire ants in 2 years, though I can see the mounds in some of my neighbor's lawns. My hypothesis is that if you leave the native ants alone, they out-compete the fire ants. I also let the foliage get pretty big in the front, and allow some local "volunteer" plants to remain. I'm encouraging a native blackberry patch, about 10ft by 10ft (so far) that started from volunteers.

Some of that would get me in trouble with a traditional HOA. But your HOA idea would be fine with it.

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Response to pstokely (Original post)

Tue May 7, 2019, 02:22 PM

7. Depending where you live, a truck like that can be considered a treasure or a nuisance. I have

to side with the vehicle owner on this one. Trucks such as these are common in my rural area and some people sort of take pride in that they are still running great, or perhaps family heirlooms. My only question is whether the other two cars in his garage are more acceptable to the HOA and he could garage the truck except for when driving it. But that is not clear from the video.

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Response to dameatball (Reply #7)

Tue May 7, 2019, 02:54 PM

12. it would be treasure in Jefferson County, MO just South of there

nt

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Response to pstokely (Original post)

Tue May 7, 2019, 03:19 PM

18. HOAs tend to be

filled with people who are just looking for an excuse to be douches to one another.

The truck is old, not damaged, but the people there don't like that it is old. So, they want to take his home from him.

Not being an authoritarian myself, I could never live in a place where people could dictate what color my house could be, precisely how long my grass needed to be, or what kind of car I was allowed to drive...plus, HOA neighborhoods are easy to spot. They look as if no one lives in them, just a bunch of identical houses (usually painted beige or off-white) with no cars in the driveways. I'll take my sometimes messy, not super affluent neighborhood any day of the week.

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Response to pstokely (Original post)

Tue May 7, 2019, 03:49 PM

19. I'm going to be asshole and say....

...Rich People Problems.

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Response to pstokely (Original post)

Tue May 7, 2019, 05:31 PM

20. He'll win in court

The "by law" - most likely a restrictive covenant that applies to every homeowner in the subdivision - explicitly states that the offense is keeping a vehicle with body damage in the driveway. If they wanted to include poor paint jobs or old and fading paint jobs, they needed to express it with clarity. Covenants are generally strictly interpreted and this one is too vague for its meaning to be stretched in the manner it has.

Unless, of course, his neighbors are Trumpies and they choose the judge they want to hear the case.

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Response to Mr. Ected (Reply #20)

Wed May 8, 2019, 09:29 AM

21. but wouldn't trumpies love that truck?

nt

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Response to pstokely (Original post)

Wed May 8, 2019, 09:46 AM

22. There seems to be a simple solution

Park the truck in the garage and put one of the other vehicles in the driveway.

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