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

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 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.

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!!!

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 the height of my grass, feel free to come over and mow it. you'll get no argument out of 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!

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 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.

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.

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.....

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

I hate HOA when I moved into my home I told the realtor that under no curcumstances would I buy a home with HOA. I moved into a neighborhood without the HOA and I have never had problems. I think that if you are paying your own money for your own property then nobody has the right to tell you what you can and can't do on that property. This is just another way for greedy people to get money because it the end if you have troubles and need help do you think your HOA is going to run in and help you probably not it is probably going to be the naighbor that you are complaining about in the first place.

What alternatives did the HOA give Mr.Gilsinan to parking the truck in his driveway?

Yes every neighborhood needs HOA so we can live in a decent looking area. My question is why did it take 5 years for the rules to be enforced. Some of the rules are ridiculous like not displaying Christmas decorations early. Some of us are Christians and celebrate Jesus by decorating our homes. Don't take the Christmas spirit in all this. As for the covenants, yes we all know when we purchase our homes that there is HOA. The downside of it is ,we learn the covenant rules as we are closing on our home. HOA rules need to be given out as buyers are looking to purchase, not at the closing table. I think the HOA would gladly have a meeting for owners to attend to discuss these matters and try and resolve some of these ridiculous rules, but we do need owners to keep their homes and yards neat.

consistantly uphold the powers of the HOA. Go to NC courts website and find the link the leads to state supreme court rulings, they're for public consumption. OK...let's say the HOA allows individuals to bring home their "work" vehicles with a gross length and weight of "X". Where do you draw the limits? If he truly is going to fight this he better have DEEP pockets, if not , he's toast and even if he did have big money...he MAY still be toast! Sir, here's a bit of advice...work something out with your employer so you won't have to bring the truck home because they are going to levy fines on you like you wouldn't believe!!! In the meatime, get a GOOD lawyer this is too big for you to tackle. I doubt your HOA will rollover, you've put them in the spot light! HOA's, even if they are your neighbors, rally together for challenges like yours. I'd be surprised if this is solved without lawyers. Just too many specificities to be worked out. GOOD LUCK...You're going to need it!!!

you people are insane for even buying a home in an HOA neighborhood.HOA's are disguised as good by nosy people who get off on having a little bit of power. My neighborhood doesn't have an HOA. The house values have increased, not decreased. The whole house value thing is just a way for an HOA to justify its existance. The only reason people have to drop the price of their homes is because they are probably charging too much for them to begin with recommended by a greedy realtor. Here is my take...when someone else pays my mortgage every month, they can tell me what to do with my property and my house. otherwise, they need to worry about their own lives and yard.

A friend of mine lives in a neighborhood with a HOA and he bought a boat. It's not against the rules to have a boat, as long as it isn't visible from behind their fence. The president of the HOA never noticed that he had a boat until he drove past one day and the fence was opened while some yard work was being done. You can see the windshield of the center console with the fence closed. He'd had the boat for years and was all of a sudden sent a notice that he was out of compliance. Funny thing is, another guy in the same neighborhood parks his boat on his driveway (big boat, too). His boat has been kept there from day one. The difference between the two homeowners, you may wonder? Homeowner #2 is a State Trooper that also drives his patrol car home. The point is, if you have a HOA, certain people should not have rights that others do not. With that being said, if I was Eddie, I would see to it that every violation no matter how "minor" was addressed by the HOA. If a HOA wants to take the stance of "rules are rules for a reason", then every rule should be enforced, no exception!

I am also a Whitney Pines resident and this is not the only problem. We are not allowed to display Christmas decorations outside earlier than 3 weeks before Christmas, we aren't allowed to paint our home or shutters a different color without permission, we can't park a motorcycle in our driveway or a trailer behind our truck in our driveway,or boat. No one is allowed to park in the lawn of their own property. These rules are outrageous!When the meeting took place to elect members, it was not mentioned that new rules would be set. Therefore the homeowners were not aware that this would be taking place. Apparently board members have nothing better to do with their time because many residents are being sent letters of intent to be fined to many of the residents in the subdivision.