HOA demands resident's web site come down

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That varies with each locality just like the weather. Asphalt replacement is $ .95 per square foot, and has a life span of twenty to thirty years. Seal coating is $ .20 per square foot, and a good sealcoat job lasts five years. And that varies with the area, too.
I have houses on a county street in that location. When there's an issue, they send out a patch team, but I have yet to see them entirely seal coat the entire cul de sac in five years. It needs it. We do get gypsies who leave flyers, but we haven't and won't take them up on it. In a HOA, they will do small patch jobs, but they usually do sealcoating more frequently than cities or counties.
The asphalt area in most HOAs is one of the biggest areas, in there with landscaping. I have seen landscape percentages from 11 to 47 percent of the total property, usually dictated by the age. The new ones are higher density. Streets don't vary in percentages as much as you need a certain amount of streets for a certain property. Also, you can kill landscape areas and xeriscape or pave over, and you can't do that with asphalt.
Apply the math with asphalt areas running up to a million square feet of asphalt, and that's a good chunk of the monthly assessment, along with the landscaping.
HTH. Just little tidbit of info.
Steve
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On Sun, 23 Sep 2007 09:07:31 -0700, "SteveB"
That all depends on whether you have a gated community or a public road community. An HOA could be set up either way. I live in a public road community but most HOAs around here are willing to maintain their own roads for the privacy. BTW the gates and guards cost more than maintaining the road. Gates are a constant maintenance nightmare. It is could easily cost each resident $1000 a year for that amenity. Since they do control access their roads do last longer. You don't have big trucks taking shortcuts down your road.
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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

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On Fri, 21 Sep 2007 18:19:19 -0400, "Phil-In-Mich."

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."
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While I agree with what you say, the HOA in this case still has no right to stop his web site. We still have freedom of speech in this country.
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I never have understood why people can't seem to recall that the first words of the first amendment are "Congress shall not".. For the most part, the first amendment covers only what government does. Thus, if I want to leaflet at a Mall, they can toss me out of the door barring a state law to the contrary because it is private property. Even then it would be a state law and not federal or constitutional question.
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Kurt Ullman wrote:

Another amendment, I believe the 14th, extends these restrictions to the states - and it has been understood that this includes all lower lwvels of government.
And I have heard of court cases restricting HOA rulemaking, I believe on basis that HOAs are a level of government - nad have to obey the Bill of Rights. (IIRC - it has been years since I read the newspaper article saying that.)
- Don Klipstein ( snipped-for-privacy@misty.com)
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On Sat, 22 Sep 2007 04:28:46 +0000 (UTC), snipped-for-privacy@manx.misty.com (Don Klipstein) wrote Re Re: HOA demands resident's web site come down:

Precisely. Watch what happens to a HOA that tries to include racial restrictions.
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But that isn't constitutional. That is related to the Civil Right Act. You don't have to be remotely conceived as a level of government to run afoul of that.
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Kurt Ullman wrote:

Wrong.
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Right, although it might be some other law. After I sent this, I thought it was more likely Fair Housing Act or something similar.
Actually I was both right and wrong. From HUD's website: Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).
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snipped-for-privacy@manx.misty.com (Don Klipstein) wrote:

Yeah. Although my point (which I missed rather badly from the looks of things) is that the 1st Amendment doesn't apply to private entities.

That would probably be state-specific depending on how they are set-up, assuming that what you read wasn't later overturned.
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wrote:

ALL of the Constitution is a limitation *on government*. NOT any limit on the People.

Even on such "private property" -open to the public-,you still retain certain rights,and they are still subject to certain government regulations,such as health,safety regs,both state and Federal.
As people are so quick to say;"no right is absolute".
--
Jim Yanik
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Even in the public areas, absent a state law to the contrary, there is no right of assembly, you have no right of free speech in that they can toss your behind for leafleting, etc. Even under this theory, it is a long stretch to suggest that the HOA is public.
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You should include this part you snipped;

I didn't claim any HOA was "open to the public".I was referring to a MALL.
--
Jim Yanik
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Okay, thread drift gets a little confusing to me at intervals. But then life gets a little confusing to me at intervals... But as I said, absent state laws to the contrary the Supremes have said that even the public spaces in malls are private property and no constitutional protections extend there to.
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Kurt Ullman wrote:

IIRC, the way I remember a bit going in the courts is that an HOA is a level of government, and therefore subject to the restrictions on government by the Bill of Rights (1st 10 amendments to the USA Constitution, especially the 1st), as extended to non-Federal governments in the USA by another constitutional amendment (I believe the 14th).
- Don Klipstein ( snipped-for-privacy@misty.com)
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snipped-for-privacy@manx.misty.com (Don Klipstein) wrote:

Interesting. I guess we'll see what happens. If you happen to recall, was this based on specifics on a state law or where they attempting to get it declared that way on some other way that might be applicable to all 50?
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Kurt Ullman wrote:

Given that most Florida HOAs purport to exercise quasi governmental functions, and do so under authority provided them by state law, theres a real good argment that a Florida HOA is subject to the First Amendment and cannot restrict whats on that web site.
Your mall analogy is not at all applicable.
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