HOA demands resident's web site come down

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"Last week, the association's property manager gave [the resident] until the end of the month to rename the Web site, dissolve it or face a $100-a-day fine, eventually resulting in a lien on his home."
That'll teach the malcontent to mess with the HOA!
http://www.heraldtribune.com/article/20070921/NEWS/709210366
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He is infringing on a trademark, let alone the convenants. The HOA is within its rights on the first, maybe on the second.
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The gas lamp is ridiculous. I'd go all electric and remove gas service.rather than pay for lamp

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On Fri, 21 Sep 2007 12:29:21 -0700, snipped-for-privacy@backpacker.com wrote:

A link to the real lamp fire (s) ....
http://hamptonsnbc.com/Gas_Leaks___Fires.html

-- Oren
Hofstadter's Law - It [a task] always takes longer than you expect, even when you take into account Hofstadter's Law.
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I don't have a copy of the convenant, but according to the news article the phrasing is "a ban on any commercial use of the property name" then immediately following there's a statement that the guy is violating this by "trying to see an idea". Frankly that's a rather long stretch.
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On Fri, 21 Sep 2007 20:40:01 GMT, snipped-for-privacy@smof.fiawol.org (John Cochran) wrote:

Owner web site disclamier.*
* Copyright 2007. Hamptons NBC- Sarasota, Florida. All rights reserved.
Hamptons Neighbors for a Better Community (HamptonsNBC) is not affiliated with and in no way represents The Hamptons of Sarasota Community Association, Inc, or its Board of Directors or any of its committees or organizational entities or contractors.
http://hamptonsnbc.com /
-- Oren
Hofstadter's Law - It [a task] always takes longer than you expect, even when you take into account Hofstadter's Law.
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"a ban on any commercial use of the property name" "trying to sell an idea"
How much profit does he expect to get selling his idea? How much revenue does he expect to get selling his idea?
If no profit and no revenue, how can this be considered commercial use?
I don't know all the laws - maybe the HOA can write into the covenant something about residents not being allowed to say unkind things about the HOA on their website. But it appears that the best argument they were able to come up with was the one about commercial use.
He might be able to go to his insurance company with the fire issue and try to get them to cancel his policy or raise the premiums because of the risk. Presumably when they do this to him, they and other companies will follow suit and do the same for everyone else in the community. That might be legally possible but it doesn't do anything to move things closer to a harmonious state.
The real issue is what the members of the HOA want. When he bought the house, he must have known there was an HOA, and he should have known that HOAs function, more or less, as a democracy and can make whatever rules they want within whatever restrictions the law applies. If the members are well informed about the dangers of the gas lights and a majority of them agree to keep them and no law is being violated, then the HOA can keep that rule in place. If he believes the members are not properly informed or are just being apathetic, then he can start his website or use other legal means to keep them informed and interested. If he decides to go off on a crusade and find legal means or get an insurance company to take action (and apparently he has not done this), this is probably legal, but then he really is "stirring the pot" and would make life a lot better for everyone, including himself, if he just moved. But given that a simple move, including selling a house and buying another, can cost tens of thousands of dollars, it's not such a simple solution.
I would really like to know how such a moronic idea as putting gas lights in front of every house ever got implemented, much less written into the HOA bylaws. I kind of imagine that during the construction phase, someone happened to watch a movie about olde England that showed houses with gas lights, and they thought that was so romantic and decided their community had to have that too. Now they don't want to accept the realization that it was a stupid idea, so they're using the HOA to block any reconsideration.
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Say what? They are about as totalitarian as you can get. The boards are full of people who have too much time on their hands, and have no idea how things work. People who do know how things work either don't have the time, or can't get the committee government to implement basic common sense logic.
Like reassessing costly dangerous lighting situations.
Steve
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On Fri, 21 Sep 2007 20:57:08 -0700, "SteveB"

You can usually throw the bums out. All it takes is to round up a gang of people who are as pissed as you about the current officers and mob the annual meeting. All it takes is a little shoe leather and knocking on doors. It is somewhat like hearding cats but it can be done. I did it at my HOA. We ended up gertting the votes to let the deed restrictions die a peaceful death after they expired. We still have an HOA chartered under article 617 but we don't have the 720 deed restricted (liens, fines etc) community. Most HOA deed restrictions DO expire if the members don't show up to vote against renewal. They were running our community on about a 17% turnout at the annual meeting. We had 66% at the last meeting and the vote reflected that. It went two to one against the the establishment.
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wrote:

What you did was admirable. It is difficult to find enough owners who are residing there, find enough interested people, and find enough people who are willing to miss a TV program or two. I've had all sorts of experiences with HOAs on all levels, and it is quite a demonstration of the governing process, from the good to the bad.
Most people are unaware of even their CC&Rs, let alone how the laws and rules actually do work.
Steve
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On Sat, 22 Sep 2007 08:31:47 -0700, "SteveB"

You have to be willing to get involved. I simply pointed out to the neighbors that the world is run by the people who show up. Usually you can swing a HOA meeting with 20 - 30 people. Sometimes you have to remind them several times and again the day of the meeting not to blow this off. After it happens people do walk away with a good feeling that they can make a difference.
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On Sep 22, 1:54 am, snipped-for-privacy@aol.com wrote:

That's assuming the vote isn't rigged in the first place.
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paraphrasing ..........
The one who controls the ballot box controls the outcome of any election.
Joseph Stalin
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On Sat, 22 Sep 2007 20:12:14 -0700, "SteveB"

If you can assure there is no election fraud when all the voters are watching the count you deserve to be oppressed. The biggest opportunity for fraud is in the proxy count but any member has the right to examine the proxies.
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wrote:

My life experiences have been different than yours.
And let's not even get into public elections. Does LBJ ring a bell?
Steve
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On Sat, 22 Sep 2007 21:25:00 -0700, "SteveB"

HOA elections are nothing like "public" elections. It is clear you have never been to one. It all happens right there in front of your eyes and anyone who wants can watch over their shoulder while they count the ballots. A simple majority of the members present can force a recount.
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what trademark? His site is hamptonsnbc. not "the hamptons" or other such thing.
s
wrote:

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On Fri, 21 Sep 2007 15:56:28 -0500, "Steve Barker LT"

Paris Hilton TM 'ed "That's Hot" or some such. Now I'm afraid to pick up a frying pan. Moms can't tell the children - that's hot! :-)

-- Oren
Hofstadter's Law - It [a task] always takes longer than you expect, even when you take into account Hofstadter's Law.
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wrote:

You can trademark an otherwise generic word in certain context. Many of us use trademarked names for noncommercial purposes all the time. It can be a Ford Owner Club, or Star Trek Fan Club. Using the work Hamptons is not necessarily an infringement.
Google give over 4,610,000 hits for the word Hamptons and is it used by Hamptons Vodka, Nuke the Hamptons, and many others. I'd never live where there was an HOA though.
--
Ed
http://pages.cthome.net/edhome/



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What trademark?
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