HOA rights in SC

[grannynancy]

What is the name of your state (only U.S. law)? South Carolina

I have more vehicles than the HOA "likes" but there are no specific contraints in the covenants (there are 6 at my 5 bedroom home, sometimes 7). They are now asking me for "proof of ownership" for the vehicles in my house, two of which belong to live -in household caregivers for my invalid (sick) mother and a third to a part time caregiver. Their cars are older, and ugly but are functional and operate properly and are properly licensed. I am doing everything I can to ameliorate the situation but it is what it is.

As best I can tell, there is nothing in either my covenants or the county laws that prohibit unrelated individiuals from sharing the same home. When I bought the house I was specific that we would have live-in care but it did not become an issue until one of them got a new car and my daughter moved back in temporarily which increased the number of cars at our home.

We DO have enough vehicles we have to double park in the driveway but it is not a violation to do so. I am also being told my mother's wheelchair van is a "commercial vehicle" (it is a Dodge RAM van that was previously used by a transport company but has no lettering, and is just a normal full size handicap van) and that it must be removed.

They have sent me and other neighbors countless letters for mild violations yet every last member of the board has blatantly violated the same covenants and new construction has been recently allowed that is in clear violation.

My past experiences with these people are they are very rude (I guess you will have to take me at face value on that statement, but it is true). We are not the only ones facing inconsistent application of the "rules" and free lance interpretations by the board which allow the people they choose to violate covenants while creating new ad hoc standards for other people.

Comments on the following:

I feel that I would be better off to ignore the letters until they come to me with some specified statement of action on their part or the request is sent by their attorney.

Are there any specific requirements concerning unrelated people living in the same house in SC - We are family except for the two paid live in caregivers. My mother "does" have a right to have people in our home to provide for her physical care, doesn't she? She "does" have a right to own a wheelchair van at her residence, too, doesn't she? FWIW, there are 6 people living in a 5 bedroom, 3.5 bath house.


My past experience has been that responding, even in a calm adult manner, does nothing but incite the HOA president who is rather much a bully.

 

[DeenaCA]

Housing providers (including HOAs) are required to make "reasonable accommodations" in their rules and policies when such accommodations are necessary to afford a person with disabilities an equal opportunity to use and enjoy a dwelling. This falls under the federal Fair Housing Act. Here's some guidance on reasonable accommodations: http://www.hud.gov/offices/fheo/library/huddojstatement.pdf.

I feel that I would be better off to ignore the letters until they come to me with some specified statement of action on their part or the request is sent by their attorney.

I wouldn't wait. I recommend that you contact a disability advocacy agency in your area. You could also locate a fair housing organization at http://www.fairhousing.com/index.cfm?method=agency.search.

My mother "does" have a right to have people in our home to provide for her physical care, doesn't she? She "does" have a right to own a wheelchair van at her residence, too, doesn't she?

Yes to both questions.

 

[You Are Guilty]

I haven't checked the link Deena provided, so this may be redundant, but the law is fairly clear that even if there was a rule against having X number of cars present, the HOA would have to make accommodations for the caregivers' vehicles.

Where I differ in the advice is that unless the HOA escalates things beyond the "mean letter" stage, I don't know that I would file a formal complaint. If nothing else, the threat of filing a discrimination complaint may be enough leverage to get the HOA to back off. Either way though, you have options.

Good luck.

 

[DeenaCA]

I don't know that I would file a formal complaint.

I agree with this and should have been more clear. A disability group might contact the HOA and explain the requirements of the fair housing law, in hopes that the HOA accommodates the OP voluntarily. It can take years to resolve a fair housing complaint, and as noted, the HOA hasn't taken any serious adverse action (yet).

 

[grannynancy]

Thanks for the responses.

That is why I am doing some research now. I think if they take it to their lawyer, he will probably tell them "do you really want to go there?" - I am not actually violating any covenants as it is. Oh, snap, the garbage truck came at 11am - better rush out and get the can

I did call the county zoning office (after reviewing the zoning laws and found them to be mute on the topic) and they said that there was absolutely no violation of any zoning ordinances (I know some places do put limits on unrelated folks living in a home together)

I know some neighbors have gotten nastygrams for years and just threw them away. I am saving the letters for my files but they already know our situation, so I almost feel like they are trying to goad me into a fight and find something they can cite me for.
In the meanwhile I AM doing what I can about the car situation for the simple fact of trying to be a good neighbor.

So I will check up on the links and have them available if it goes to the next level (their attorney) at which point I would pull in an attorney of our own.

 

[CLJM]

grannynancy,

When the HOA sends you the violation letters, do they specifically cite where in/which part of the documents they say you are violating ?

 

[FarmerJ]

Your states ombudsmans office for vulnerable adults is another contact you should have , feel free to hire a atty who is familiar with laws for vulnerable adults and the ADA and have the atty draw up a letter for you basically to tell them how badly they are gonna be sued if they persist with the complaints about the caregivers and the van. BTW go to a board meeting with some of your neighbors some time and make it clear to the board that if they cannot learn to consult with a atty from time to time that they can be replaced. ( hinting at your self others who have experianced unfair enforcement or actions, or as you say nastygrams as interested partys to run against them )

 

[grannynancy]

grannynancy,

When the HOA sends you the violation letters, do they specifically cite where in/which part of the documents they say you are violating ?

Yes and No. They did point out that I do not keep two of my cars in the garage, and I am working on that but neither does half the neighborhood (including the architechtural chair who parks a truck 'illegally' in his cul de sac every night) . Did they point it out by citation, no?

They indicated I had a "commercial vehicle" but did not call it out and I do not. All I can believe is that it is the handicap van because the tag is white with black letters like the tags on commercial vehicles (only it has a wheelchair icon on it)

As far as requesting the registrations for the vehicles at my home. Zero explanation as to why - there is NOTHING in the covenants about WHO lives in my home (and there has been in other neighborhoods!) and about the registration of vehicles other than "disabled vehicles" - but there are some of those in the neighborhood, too ---- AND the cars in my driveway all have current tags and are operational.

 

[grannynancy]

Your states ombudsmans office for vulnerable adults is another contact you should have , feel free to hire a atty who is familiar with laws for vulnerable adults and the ADA and have the atty draw up a letter for you basically to tell them how badly they are gonna be sued if they persist with the complaints about the caregivers and the van. BTW go to a board meeting with some of your neighbors some time and make it clear to the board that if they cannot learn to consult with a atty from time to time that they can be replaced. ( hinting at your self others who have experianced unfair enforcement or actions, or as you say nastygrams as interested partys to run against them )

The minute I get a letter from an attorney I will act decisively

For the HOA - Several of us have been talking about organizing a "takeover" of the board at the next election cycle. These boards are often filled I think by people who have some sort of ego thing going because most people really don't care and just want to live their lives.