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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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Hate HOA

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.

So glad for you

I'm glad that you don't live in an HOA. But most people like HOA's and it has nothing to due with greedy people. I have found that most people that don't like HOA's are either dirty people that don't like to clean up after themselfs or they just want to be able to run a business out of their home. Which one are you? Oh and by the way, the city, county, and state tell you what you can and can't do on your land.

Name calling is real adult

Name calling is real adult here? People who choose not to live with HOA are people who want to actually OWN their home and properties. We are not nasty or unorganized... dirty would be far from what I would lable any of my nieghbors.Now to address the value of the homes and why they arent selling My best guess would be because they are in a neighborhood with a HOA and that keeps homebuyers from even considering the area.

What alternatives did the

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

They didn't fine him right

They didn't fine him right off and have given him 2 months to try and fine some place near his house to park the truck. The issue has come about because he wants to bring it home when he is on call rather drive to his buisness and pick it up, if he has a call

He goes when 911 calls him

He goes when 911 calls him out! He could potentialy save a life! I sure wouldnt want the fire dept or EMS to have to drive 15 mins to their trucks to respond to an accident I have been in! Let them sleep in them! Of all the things to worry about in life you choose this mans truck? Sounds like someone has nothing else better to do with their time......

are you serious

They did not give me 2 months to move my truck. Try 10 days from the time my hearing was over. I don't know where some of you get your info. I wish i had 2 months. That would have been plenty of time to find another job. There is no place remotely close to that sub division to park my truck at night, that i can get to it in a timely manner as YOU seem fit. If you think you can make it to my house to HWY 421 , then to Pender county in 30 minutes , try and and let me know how many tickets you get for speeding!

Umm..

Not to play devils advocate here...but you are SURROUNDED by storage facilities that would be HAPPY to allow you to park you vehicle on their lots for a monthly charge.

storage lots

I have called them all and NONE of them store cars or trucks. But since your full of ideas why don't you call for me and find one. Good Luck. And if they do allow it please feel free to use the hard earned money you make and pay for it. Thanks.

HOA

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.

The reason

The HOA was not inforced due to the company that built the subdivision. They refused to enforce and now the board is left to take the heat of rules that onwers should have been following. As for the Christmas lights. There is a home with Christmas lights still up and it's JULY! That's the only reason. That's why it's in there. Please don't play the "down on the christian" game.

States' supreme courts...

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

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.

What a joke

You're lucky that your home values have gone up, (if they really have) and not down. It only takes one person to start to bring down home values. The government tells you what you can and can't do on your property. That's the great thing about this county...anyone can say what they want, even if they have no idea what they're talking about.

HOA = love/hate relationship

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!

SO typical!!

Sounds like their HOA doesn't have a leg to stand on then since they don't see fit to enforce the rules to ALL their homeowners!

HOA

I live in Whitney Pines and from phone conversations I've found out that all the rules are being enforced on all home owners. The problem is that the board can not be everywhere all the time, so some violations get caught while some do not. In this subdivision it has nothing to do with favorites.

Rules Enforcement????????

My wife is a former real estate agent. She recently left the business because of the bad market. I asked her about HOA rules and there enforcement. She told me all the rules have to be enforced equally for every one or they are not enforceable for any one. The State Trooper who has his boat parked there in violation of the rule should make all the rules null and void. The man who has been driving his truck home should write a certified letter to the HOA spelling this out and also contact the NC real estate commission for a full statement of their rules governing HOA and their enforcement of the rule. To make a long story short no HOA can slectively enforce the rules it's all or nothing.

Sounds

Like my child...DADDY...but Little Johnny down the street is doing THIS....This guy should deal with what HE is doing...NOT what people down the street are doing. From the sounds of it they are being dealt with as well. And NO it's NOT all or nothing..it SHOULD be that way but Boards from what I see..each one has their little nit pick things and they change form board to board...You ARE right...the trooper should have to move his boat...but they might be working on that...have you called and asked?

I am also a Whitney Pines

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.

LOL

OUTRAGEOUS? OK..lets look at this...YOU are trying to sell YOUR home...NOW...your neighbor has painted their shutters polka dots and his home a nice shade of pink..Pepto Pink. He has a beat up old boat with an aging trailer parked on one side of his yard and a 18' trailer in his driveway with a half naked girl on it saying GET SOME...NOW...are those rules SO OUTRAGEOUS NOW? While I understand the scenario above is far fetched...there are people on this planet STUPID enough to do things like that. YOU WOULD NEVER SELL YOUR HOME...you would be MAD and would want SOMEONE to do something about it. The HOMEOWNERS KNEW the restrictions but not only did the Developer neglect to enforce them...HOMEOWNERS refused to follow them. SO the fault is on both sides. ANY Realtor worth a darn GIVES you a copy of the restrictions PRIOR to closing. Sounds to me the restrictions aren't new...but are now being enforced. BTW...I am SURE the Board members have BETTER things to do than baby sitting GROWN ADULTS...who SHOULD be able to read what they agreed to and adhere to it.

New Rules

They aren't new rules - they've always been there. It's just now that the residents got control of the Board from the developer, they have begun enforcing the rules that the developer chose not to bother with.

Police Cars / Commercial Vehicles

If they are going to make the man who gets his living from helping our community during wrecks, broken down cars, etc move his commercial tow truck out of the neighborhood then all of the Sheriffs, Highway Partolmen, and Wilmington Police Officers living in the neighborhood need to leave their vehichles at the appropriate department headquaters because they are in violation of the HOA too. Leave the man alone and let hime park his truck....

Police Cars

Police cars aren't "commercial" vehicles that are banned by the covenants. I don't believe a HOA has any authority to regulate government vehicles anyway.

Actually

I would think it IS a commercial vehicle as it is his work vehicle...TECHNICALLY the HOA should have to lump it in together...but I wouldn't want to touch that with a 10' pole...ON THE OTHER HAND...Police vehicles in the neighborhood do help show police visibility and deter crime...this guys tow truck is just rednecky...and I would be TICKED if it was parked beside my property.

Police cars..

Ban the patrol cars too,,,why should our tax dollars allow law enforcement to drive their cars home anyway??? I don't get that.

Because...

as an officer they are on duty...ALL OF THE TIME...

Patrol Cars

Officers who drive their cars home are expected to respond to any call 24/7. If you go to their door and say something is wrong they are suppose to get up and check it out. This program was started years ago as a way of getting officers on the streets even when they are not on their shifts. Also a police car in the neighborhood does keep unwanted people out.

Ok HOA rules are HOA rules.

Ok HOA rules are HOA rules. We all live in a world were it doesn't really matter what you do someone is always going to be unhappy. I agree SOME that he should follow the rules however, all of you that are fussing about it need to find something better to do with your time. I bet if you mind your business as much as you mind his, your life will be better. I also bet that if your car ends up on the side of the road broken down that you may think of that tow truck parked in your neighborhood.

Then...

Why are YOU posting? I absolutely HATE my HOA sometimes...however, they are there for a reason. I KNEW about the restrictions when I bought my home and AGREED...you know GAVE MY WORD, that I would abide by them. Seems to me i wouldn't WANT to do business with someone who cannot keep their word in the first place... Again...HOA's can be a real PAIN...but IF I was selling my home...I would be GLAD to know someones dump truck wouldn't be parked in my neighbors yard...or that their house was painted stripes...or that their grass wasn't 5 foot tall. Bottom line, there is a WAY for him to change the rules...they also probably vote their Board Members in as well...Put it up to a vote of the membership and see what happens...he has 21 signatures...keep on going.