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New Hanover County Man in a Battle With His Homeowner's Association

READ MORE: New Hanover County Man in a Battle With His Homeowner's Association
NEW HANOVER COUNTY--Eddie Gilsinan is in a tight situation. he lives in Whitney Pines sub-dividion and works for Phillips Towing Service, a company that assists emergency crews in removing cars from crisis situations. When he's on-call, he brings his truck home. According to Whitney Pines homeowner's associtation guidelines, he can't park it there. "It angers me, it really upsets me," Gilsinan says, "I feel that I pay for my mortgage and I should be able to do what I want with my property" The guidelines state that commercial vehicles are not allowed to park there. Gilsinan faces a one hundred dollar fine per day if the truck stays. In an effort to have the rule changed, he took his situation to the streets--asking neighbors to sign a petition to change the rules. "Out of the 21 neighbors that I spoke with, 20 of them signed it." Gilsinan says. Alan Sundy lives across the street and signed the petition. "I don't have a problem with it at all it's not an eyesore." Sundy says. Even so, the association denied his request. HOA guidelines state 90% of the neighborhood has to agree to amend a rule, just for the board to even consider changing it. A representative of the Whitney Pine's HOA issued this statement. "Remember that these associations have been set up to help the communities achieve their goals. Often these goals include safety, security, protection of assets and improvement of property values. these are goals worth working for." Gilsinan Says he doesn't plan to follow the guideline. "I'm going to keep on bringing my truck home," Gilsinan says, "This is my livelihood, this is the career path I chose to go through and I'm not going to change it just because a board has denied my request." Gilsinan wants to warn people to read the fine print before joining a homeowners association.

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I can't understand why

I can't understand why anyone would want to take their hard earned money and moved into a place controlled by a HOA. They tell you what you can do in your front yard, back yard, driveway, etc. when you can do it and basically how you can do it. When I bought my place with my money I wanted to be able to do what I wanted as much as possible. Even people who bought into HOA's and thought it would be great are complaining. As far as property values go, no ones property is worth near what it was 2 years ago in actuality. My advise; take your hard earned money and buy where you can do the things you want to on your own land/yard.

What should I do?

What should I do if my HOA goes ahead and decides to become a mostly retirement community? I have a family with 3 kids... and lived here for 10 years. Oddly, it appears there is no discrimination legally, regarding age groups and retirement communities. Sounds like the majority decision can decide to push me and my family out of a home. When it comes to what kind of vehicle I have... now, why would people in Whitney Pines of all places be concerned with another person's vehicle? But... anyhow, here's a suggestion I have for you guys... I'm guessing that you're paying HOA fees? This man's LIVELIHOOD is in this truck, and all I see you guys saying is for this guy to inconvenience himself in money and time so you guys can "not live by a junkyard". You've all had 3 years to decide whether you wanted to live by a junkyard... as you call it, and decided to "stay". So, as neighbors SHOULD always have the next neighbor's BEST INTERESTS at heart... you should know it is in this guy's best interest to have his truck with him. Otherwise, just compensation should be made (everyone should pay HOA fees, and a portion of it should be for storage of the truck.) Instead of telling the guy to "find a storage area"... the neighbors should be picking up the phones themselves... and why not post the number of the storage area that agrees to store his truck in this comment section? Why should you guys pay a portion of the storage for the truck? Because you let him live there like this for 3 years. If you say that CAM should have done something about his truck long ago, then you should be fighting CAM about this problem... not the neighbor.. not your neighbor. My goodness, I'm glad I don't live around you guys. All this publicity hurts the sale of your houses, not because of the truck, but because of the terrible attitude that this guy needs to pay to appease your eyes. Back to the whole retirement community business, and having a family within, I'm not sure what I'm supposed to do if this happens. But if general America is like you neighbors in Whitney Pines, then it sounds like general southern "Christian" hospitality is nonexistent. Here's a thought... even if you are not willing to pay HOA fees, at least compensate the neighbor or come to some terms where there is "EQUALITY and FAIRNESS" and of course some kind of compromise between you guys so this guy with the truck can get a break. Good grief, 3 years and he's put up with ya'll? How sad! OK, to summarize folks... here's the "good and kind" options: 1. Leave the neighborhood and move to Landfall (better yet, get out of Wilmington... being born and raised in Wilmington, my heart is saddened by this ridiculous treatment of fellow neighbors) 2. Reason with your neighbor and find some kind of compromise, if you know of a storage area, and you want the truck moved, it's your burden to carry to find out where the truck can be moved and work some reasonable compromise to help your neighbor get it there. 3. Let the neighbor continue his course of 3 years. You can continue to be disgruntled of course, but 5 years from now, 10 years from now, 20 years from now... I get the impression that a measly truck will be the least of your worries... I get irritated being around semi-trucks and noisy ambulances... and noisy sirens of police-cars. Seems like anytime I get on the cellphone in front of a store or work ANYWHERE in town... an ambulance has to go screaming by. Now that's a nuisance that follows me everywhere it seems... but for the common good and for the consideration of the next person... I'm not going to complain about it. This truck? If anything it's only a nuisance... kindly grow up a bit people.

Rules are Rules, without

Rules are Rules, without rules there is chaos.... even in the Military there rules to follow!!!

WATCH WHAT YOU SAY

I live down the road from you and I can't believe the way you have bashed some of your other neighbors. I actually signed your paper, only to make you go away, but I am sorry I signed also because of the things you say about others. You called the news to make a change and now that it back fired you can't handle others opinions. If you didn't want them then don't ask!!!

He's just frustrated. I

He's just frustrated. I suppose any of us would be in his situation, when we're allowed to do something for years, then told we can't or risk severe penalties. I guess some of us look at his predicament as him whining about something that is just a matter of inconvenience, but this is going to cost him real money, and we can all relate to not wanting to or being able to absorb those inconveniences. For what it's worth, I think you did the right thing signing his petition. Maybe Eddie will calm down and not be so harsh in the future on people who's support he really will need. Someone had an idea about him giving his neighbors a free tow once a year in exchange for letting him keep his truck on his property. That would be a great "goodwill" effort on his part. Whatta say, Eddie? Neighbors?

Here ya go, Eddie; Offer one

Here ya go, Eddie; Offer one free tow a year to the residents of your development if they'll let you continue to park your truck in your driveway. Seems like a fair and friendly compromise.

hey, anyone who doesn't like

hey, anyone who doesn't like the height of my grass, feel free to come over and mow it. you'll get no argument out of me.

now that's comedy......

now that's comedy......

Glad to see some of my neighbors support me

Well, I guess it's time for me to leave my comment. Some people enjoy bashing me, some enjoy backing me up. Well here it goes....So i noticed the same 2 user names bashing me. I guess thats my 2 neighbors that don't like me. One which was on the board and the other is the one selling their home and asking $20,000 more that what it is appraised for. Let me set the story correct. I don't run an auto shop out of my garage. I work on my cars and motorcycle. Is there anything that states i can not work in my garage? As for the painting cars till 2 am, that's just ridicules. I guess you have nothing better to do then sit at your house and watch me. Get over it, I am married. I do not repo cars and i am not a junk hauler. I am dispatched by 911 call center, just like the police, fire and ems, but the police can park in their driveways,and they are not government vehicles. They are owned by either the city , county or state. Well ok i have taken the time to show everyone what the rules that were adapted when the subdivision was formed. Since the change of hands to the newly voted in HOA, they have changed or revised the rules. You can find these rules at http://www.camsmgt.com/cams/picture/whitney_pines_declaration.pdf As stated in the declaration , article x General Restrictions, section 12 page 14 , it reads, No boat, motor boat, camper, trailer, school bus,motor home, mobile home, truck rated over 1 (one) ton, or other vehicle similar to any of the same shall be permitted to remain on any lot, or in a parking space on or adjacent to any lot, unless written permission for the same is first obtained from the Declarant or unless the same is properly stored in an enclosed area behind a wooden fence which must be first approved by the Declarant and built in accordance with the Declaration with a minimum height of 6 (six) feet. No motorized or electric, motor bikes or all terrain vehicles (atv's) shall be operated on the properties except for actual authorized maintenance on an individual owner's lot. Ok, so where in that section does it state commercial vehicle? It doesn't. I am guilty of my truck weighing over one ton, as the same to my Chevy S10. one ton = 2000 pounds. 99% of US cars are over one (1) ton. Now if you wanna say tow rating, thats fine also. Any car can tow their own weight. Once again over one (1) ton. Every car and or truck is in violation. Where does it end? The new rules states you can not put your Christmas lights up till 3 weeks prior and they have to be taken down 3 weeks after. So now the HOA is scheduling us when to decorate our homes. I served 4 years in the Marines and a year in the Army and fought for our country for what. Not to have any freedom on how "I" wanna live. Yes i knew about the HOA when I moved in, but then again I have been parking my tow truck there for 3 years now. As for the closest place to "store" my truck over night is not with in 5 minutes. Try 10 - 15, and it's on North College Rd right before you get to the I140 overpass. So even if I did park there, is the HOA gonna pay the $45 month fee? I doubt it. Their other solution is to park in a grocery store's parking lot. I had to laugh at that one. Leave the truck in a parking lot over night, then leave my own car there all day?! Who is to say , even with permission from the store they wouldn't tow away either or? I have went about the proper channels of asking for permission from the board and they keep refusing. This is how i pay my mortgage. I don't bother no one. I keep to myself as well as i can. There are things you will not like about your neighbors but you will get over it. You don't like your neighbors lawn, the color of their car,etc, but you move on with your day with out complaining. So why sit at home and hide behind your little monitor and complain now? You have a problem with the way I live , please feel free and stop by. You obviously know where i live. Thank you!

truck

"truck rated over 1 (one) ton, or other vehicle similar to any of the same" Uh, that would be your truck. I wouldn't want to look at it either. Your neighborhood is not that great but people having huge trucks, boats and campers everywhere would make it even worse. I looked at houses in there, they are small and over priced. I guess your employer will have to fork over the cost of having a safe place for you to park it when you are on call. Rules are for everyone, we all have jobs and mortgages to pay. I think you have done yourself harm by getting the news in on this (if you did) and commenting on here.

Changing peoples opinion

I dont know boss. Deciding how much your neighbor should sell for, making vague threats, and declaring yourself above the law since your a vet isnt exactly my idea of great ways to make a point. No i'm not hiding behind my computer. I feel I can express my views rather nicely sitting at my computer. When I hide behind it I cant see the monitor to well. The moral of the story is dont run a comercial business out of a residental area with a HOA.

BTW

I would agree on the Christmas Lights thing...that three weeks would be around the week of Thanksgiving...which is when MOST people get those things up. Heck I remember seeing one on Gordon road with lights up all year..just looks STUPID

First...

they are probably not going to use that particular restriction, but the one that references commercial business. Seems to me there is a VERY simple fix to your issue....build a fence. I don't live in your neighborhood...however I didn't like it when my neighbor was parking his 30 some foot trailer in the front yard...just not something that is appealing in the neighborhood. If I was trying to sell my home...I would be aggrivated. LUCKILY we discussed this and he understood and keeps it off property, which it was against the restrictions anyway. IF they are changing the restrictions...THEY are in violation as Article XIII Section 3 lays out the procedures for changing them...and it requires signatures from 90 percent of the homeowners. IF I was your neighbor...I wouldn't be happy about the truck being in the driveway all of the time...if it was only once a week or so..probably wouldn't bother me though. However, you need to keep to your word and the agreement you entered into when you purchased your home. NO MATTER if the restrictions weren't enforced before...

He does not have to change his job!

Once again, Eddie does not have to sell his house or switch his job. There are move then enough places close to his house where he can part that eye sore. There are fenced in storage areas that will keep his tow truck safe and are only five mins from his house. It also doesn't matter how nice it looks, a fire truck looks nice too, but I don't want one parked next to my house.

Anyone that buys a home in

Anyone that buys a home in any neighborhood where there is an HOA and signs the papers knowing that they are bound by these rules, gets exactly what he/she deserves when the HOA starts hasseling them.

That is a very ignorant

That is a very ignorant comment, these rules have been CHANGED by the NEW board members or did you not see that in the other comments by the home owners??? The HOA's WILL change their rules from time to time, and many times, it is to serve their own needs - whether you chose to believe it or not, completely up to you.

Right you are

People that live in these neighborhoods are usually people that don't care to know their own neighbor but want to have control over what others do with their property.

Umm...

NO, they are people that don't want to live in neighborhoods with trash living next to them that don't have the common decency to keep their yards up. You don't have to plant flippin roses, but you can AT LEAST keep it mowed. Drive through EITHER SIDE of Kings Grant, then go drive thru a neighborhood with an HOA and get back with us...the reasons are GLARINGLY APPARENT!

Power Trip

The members of an HOA board are just whiners and power-hungry, over-zealous, people, probably with failed political aspirations. It is ridiculous that they try and make rules to govern how people live. When yards and trash pile up, local law enforcement can handle that with Notice of Abatements delivered to the homeowner and if it goes unchanged, then it is enforceable (civilly) through the court system and the property gets cleaned at the owners expense. It works. There is an HOA in my neighborhood, but it did not exist when I moved in and when they formed, I began to receive letters almost threatening me to join, telling me I had no choice and telling me how far behind I was getting in dues. Well, luckily for me, I went to work and typed a nice letter on my law firm's stationary explaining to them that I cannot be forced to join an HOA that previously did not exist (grandfathered), and that I am not behind in any dues , fees or payments of any kind and that I shall receive no more correspondence from them regarding this matter, and it stopped. My advice, AVOID neighborhoods with HOAs and if you find yourself in a newly formed neighborhood where one is forming, unless you are the type of person they are seeking (snoopy, busy-body, etc.), don't join and don't let them bully you into thinking you have to join. Unless the neighborhood has some very nice amenities that it offers and performs the upkeep on like tennis, pools, clubhouse, etc. they are a scam. My neighborhood has an HOA, like I mentioned, and offers NO amenity. We have nothing and when my neighbor complained to them about a street-lamp out, the letter he received from them was that he needed to call Progress Energy so I truly see NOTHING that they provide. I am a true-blue American and believe in individual liberty and freedom and fight all I can for the little guy that gets pushed around by big companies or anyone that keeps lawyers (yes, I am one, too) on retainer just to intimidate those that feel they can't afford one. Everyone that fights the HOA, keep up the GOOD fight!!!!

my HOA experience

I had similar complaints, like the rest of you, in my neighborhood. I was sent a letter about something minor and I thought, what about this that and the other that needs to be looked and and fined for. So, I joined the board and my thoughts and feelings about the neighborhood have changed. Everyone in the neighborhood will speak about things that need attended to, but never seem to file a complaint or go to the annual meetings or vote. The board members have full time jobs and we put forth time to answer complaints and investigate issues that people have. If he gets the 90% approval from the neighbors, which I doubt he does, it would have to be done in attendance or proxy to their annual meeting. We had 10 people out of 100 houses at ours. Good luck buddy, might better look to other transportation or a house in the country. You can not pay the fines all you want, but a lien is not a good thing, and they have that power.

Selling in Whitney Pines is not the fault of a tow truck...

There are ten homes for sale in Whitney Pines by agents as of today. The prices of these listigs varies from $164,900 to $193,000. The home on Valor Dr. selling for $164,900 has a New Hanover County Tax Dept. Appraisal of $149,929. (NHCGov.com web site) The other house, also on Valor selling for $193,000 has a New Hanover County Tax Dept. Appraisal Value of $162,953. (Also obtained from NHCGov.com Tax dept Online Services Website..) If you are attempting to sell your home for $20,000.00 - $30,000.00 MORE than what the tax value for the property and the structure costs... Do not blame your house not selling on a tow truck... It is not selling berceuse you and your agent want too much money in a declining economy.....

Homes

If you could buy most of the homes in this area for the tax value you could retire in style in short time.

That whole area is

That whole area is absolutely terrible. No trees, no sidewalks, and more vinyl siding than Queens, NY. The truck is the least of their worries.

Not an agent

Wow...throw some numbers out there to try and make a point. The simple fact is that people do not want to live next to a junk yard and that's what his property looks like. Tax value does not represent market value, it never has and never will. You are missing the point. What he is doing is against the HOA rules and regs that he agreed to follow when he bought his house. It's that simple.

NOT THE ISSUE

Homes for sale on Valor Drive is not even the issue. What does this have to with the problelm? This is just bad publicity for those homeowners trying to sale their home. Just worry about the real problem and quit trying to focus on another subject.

HOA Dispute

There is a real simple fix to this problem if you live on a public street. Just park your truck on the public street and the home owners association cannot say or do anything. As long as a vehicle is properly licensed and insured you can park it on a public roadway. If the HOA wants to regulate a public street maybe they should pay to maintain the roads, sewer, and other related cost. HOA are wanta be regulators without representation. If they fine you for parking on a public street just contact your local district attorney...trust me it will only happen one time. Legally the only people who can ticket a vehicle on a public street are sworn law enforcement officers according to state law. The city knows this also but will not openly admit it to the public

WRONG

answer...he signed an agreement not to have it in the neighborhood and most likely anywhere on his lot or street...They can STILL get him in court to honor his agreement. Don't give out stupid advice you don't know anything about.

As a former city attorney I

As a former city attorney I can tell you that no HOA can regulate who parks on a street, highway or other public vehicular area. Commons sense would tell you that only the city or a branch of the city can regulate parking on a public vehicular area. Perhaps your neighbors should get together and tell you that you can't park your vehicle in your driveway or in front of your home ( I guess you do pay taxes). Or better yet tell you what color you can paint your home and what color concrete you can use for your side walk and driveway.

Attorney?

Your post doesn't make sense. Your grammar and lack of sentence structure don't paint the picture of someone who earned a JD. You just don't sound like an attorney. I audit financial statements of HOAs and have seen several HOA covenants (Carriage Hills comes to mind) that do prohibit homeowners from parking in the street. Whether this is enforced or enforceable, I do not know - I am not an attorney.

Parking

Some streets within housing devlopements are privately owned by the Hoa and they can regulate parking on them.