HOA demands resident's web site come down

"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!

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Reply to
HeyBub
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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.

Reply to
Kurt Ullman

Are the Hamptons in Florida going to sue the Hamptons in New York because they are using a trademarked name?

Reply to
hollenback

I live about 20 miles south of this homeowner. I have been in developments in Florida since 1982. In one place I was a board member for more than a dozen years.

So when I give you my thoughts on the subject I am not just blowing smoke.

The Florida statutes has one section on Corporations Not for Profit. Under Section 617.0808 Removal of directors.

"Any member of the board of directors may be removed From office with or without cause by vote or agreement in writing by a majority of all votes of the membership." It goes on from there and those really interested can find it all on line.

So my take on this situation is that 1) things are not all that bad if he cannot muster enough votes and 2) As he was once a board member and the president, no less, he was negligent not being conversant with applicable law.

I am not now involved with the HOA where I live. My wife contends that involvement is grounds for divorce.

Charlie

Reply to
Charlie Bress

Reply to
bigjim

Exactly! Has anyone even checked to see if there is a trademark owned by this HOA?

A casinos in Las Vegas is currently having a dispute; regarding similar names.

________

It's a hard-won reputation for value, one the Plaza's owners want to protect when the company that owns the posh Plaza in New York City opens a $5 billion version of their butler-hosting, tea-providing hotel on the Strip.

That's why Tamares Las Vegas Properties filed a complaint Thursday in Clark County District Court to block Elad Group of New York from using the Plaza name in Sin City.

_________

-- Oren

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

Reply to
Oren

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.

Reply to
John Cochran

A link to the real lamp fire (s) ....

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-- Oren

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

Reply to
Oren

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.

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-- Oren

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

Reply to
Oren

They could trademark a logo, for instance. Also although they use the Hamptons as short hand, they might have a longer name the guy is using. Also, aren't the Hamptons in NY a town and not a subdivision. That might make a difference.

Reply to
Kurt Ullman

The HOA doesn't have leg to stand on. Jeeeeze what a waste of time.

s

another good reason to ban HOA's. They think they are God.

Reply to
Steve Barker LT

what trademark? His site is hamptonsnbc. not "the hamptons" or other such thing.

s

Reply to
Steve Barker LT

INAL. I tried to do a TM search and found about 500 just using "hamptons"

Many years ago the Miami Herald (IIRC) published a story about an upset client of a law firm. He discovered the law firm did not have a trademark for the firm, so he registered it. Supposedly, they paid dearly to get it back.

-- Oren

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

Reply to
Oren

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.

Reply to
Oren

If you want to see reDICKulous, check out what mr. nissan has had to go through.

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s

Reply to
Steve Barker LT

"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.

Reply to
Nick Danger

I would tend to agree. The web site should have "fair use" of the name.

Frankly, the game isn't worth the candle. He should contact the attorney who wrote the letter and say he is changing the name on his site. It's just not hard to burn up several $1000 in legal bills is a pissing contest with a HoA. I believe the story mentioned a $10k figure.

Governments LOVE HoA just because the HoA's can do things governments can't.

They tend to be run by folks without much in the way of common sense.

When we were in the house search and ended up with us being where we are the FIRST criteria we told the agent was NO Home Owners Association of the type that can actually impose rules. Neighborhood associations are OK, of course.

Reply to
John Gilmer

I lived for 9 years in Columbia, MD which is layers upon layers of HOA's.

My take: Let the buyer beware. Simple and short. You are required to be provided notice and documentation that you are moving into a HOA property and house. You agree to the arrangement (and property lien documents) when you purchase the land and house. Period. You are assumed to be an adult at the time of purchase.

I have no tears to shed for anyone who purchases into an HOA, and later decides they don't like the HOA because it is a bunch of busy bodies. Why do you think the states allowed HOA's in the first place. So the states could concentrate all the busy bodies together and then they would leave the rest of us alone.

I am totally in favor of HOA's. I like not having busy bodies bothering me where I live.

Phil

Reply to
Phil-In-Mich.

Against the smart advice of his attorney? (see site) The owner hasn't done anything wrong....

He should not contact anybody, but let his attorney do that!

-- Oren

"If things get any worse, I'll have to ask you to stop helping me."

Reply to
Oren

Coming soon to an area near you, "busy bodies".

-- Oren

"If things get any worse, I'll have to ask you to stop helping me."

Reply to
Oren

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