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(Westword)   Your homeowners' association can probably kick you out for smoking pot. Start stocking up on incense now   (blogs.westword.com) divider line 85
    More: Interesting, marijuana, connectedness, community manager, homeowners  
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4642 clicks; posted to Main » on 04 Apr 2013 at 6:29 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-04-04 05:58:19 PM
Or better yet, keep them covered. Smoking pots are sure to annoy HOAs
 
2013-04-04 06:33:53 PM
From the comments: "HOAs are for people still bitter about losing student government elections."

Pretty much this.

/yeah, yeah. "If you don't like HOAs, don't move where they have them."
//What's the point of freedom when every entity out there can basically tie your nuts down?
 
2013-04-04 06:33:59 PM
Are marijuana plants that odoriferous? I have no experience with them, but I wouldn't imagine you'd be able to tell one was on the other side of a fence unless you looked.
 
2013-04-04 06:35:27 PM

Krieghund: Are marijuana plants that odoriferous? I have no experience with them, but I wouldn't imagine you'd be able to tell one was on the other side of a fence unless you looked.


you'd be wrong if the plant was any more than a baby.
 
2013-04-04 06:37:32 PM
"Marijuana & Other Odors -- What Can and Should HOAs Do"

And I thought my life was boring
 
2013-04-04 06:40:12 PM

Krieghund: Are marijuana plants that odoriferous? I have no experience with them, but I wouldn't imagine you'd be able to tell one was on the other side of a fence unless you looked.


An ounce sealed in a bag locked in a droor is still enough to stink my room up.
 
2013-04-04 06:40:28 PM
As someone who was a HOA "Community Manager" for a grand total of 3 months because of how corrupt and heavy handed the board members were, I am very confident in saying that HOAs can kick you out for anything they want to.

They have unlimited power, up to and including putting a lien on your property and ultimately seizing it if they are so inclined.
 
2013-04-04 06:41:21 PM
I don't live in a Marijuana state.   Just this week, we had a 911 call to the fire department for an unusual odor in a building.

For those of you who don't know, a 911 call creates an "emergency" for the fire department.   We can search every room in the building without a warrant.

In this case, when we started searching the apartments upstairs, one of the residents started getting belligerent with the firefighters.   The Captain backed off and called for a law enforcment assist.    They found a small marijuana grow operartion in a walking closet.   It was the source of the odor.    Cops were happy because they got a drug bust.   Fire department was happy because we got to explore and no one got hurt.
 
2013-04-04 06:43:28 PM
I don't care what anybody says. HOAs are great. They are like having a popped-collar on your house. It lets everybody who sees you know that you are a complete douchebag.

That's why when I buy a house, I am going to pick one that borders an HOA but isn't in one. Then I will fark with my neighbors mercilessly.
 
2013-04-04 06:46:28 PM
A good grow operation is one nobody knows about.  If an HOA finds out about it, chances are that the sort of people who would break into your home would find out about it as well.  So make sure you use carbon filters on the exhaust vents and tell your buyers not to come at all hours of the night.
 
2013-04-04 06:46:42 PM

weiserfireman: I don't live in a Marijuana state.   Just this week, we had a 911 call to the fire department for an unusual odor in a building.

For those of you who don't know, a 911 call creates an "emergency" for the fire department.   We can search every room in the building without a warrant.

In this case, when we started searching the apartments upstairs, one of the residents started getting belligerent with the firefighters.   The Captain backed off and called for a law enforcment assist.    They found a small marijuana grow operartion in a walking closet.   It was the source of the odor.    Cops were happy because they got a drug bust.   Fire department was happy because we got to explore and no one got hurt.


Jeez, thank god THAT guy is off the streets. Well done. You're happy you have a loophole to go in and search people's houses because of a reported odor that doesn't reek like dead body?
 
2013-04-04 06:47:27 PM
Grow ops, apparently, cause a lot of damage to homes because of all the moisture and mold growth.
 
2013-04-04 06:51:19 PM

umad: It lets everybody who sees you know that you are a complete douchebag.


Here's a shocking statement: not all HOAs are operated the same way.  Some of them are actually quite lax.  Before buying a house in a neighborhood, you could go chat up your future neighbors and ask them about the HOA so you know what you're getting into.
 
2013-04-04 06:51:45 PM

weiserfireman: We can search every room in the building without a warrant.


I hope you get shot someday for your trouble.
 
2013-04-04 06:51:59 PM

Badafuco: Jeez, thank god THAT guy is off the streets. Well done. You're happy you have a loophole to go in and search people's houses because of a reported odor that doesn't reek like dead body?


Well, technically while they are allowed to enter without a warrant, anything they subsequently find cant be used against you in court.  So if the kid bothers to pay a lawyer, those charges wont be sticking.

/Your results in the real world may vary.
 
2013-04-04 06:53:41 PM

Dinjiin: umad: It lets everybody who sees you know that you are a complete douchebag.

Here's a shocking statement: not all HOAs are operated the same way.  Some of them are actually quite lax.  Before buying a house in a neighborhood, you could go chat up your future neighbors and ask them about the HOA so you know what you're getting into.


Or I could just not be an idiot and buy something that isn't in an HOA neighborhood. Your "lax" HOA is not guaranteed to still be that way after you have been living in your house for years.

There is no such thing as a good HOA. There are only HOAs that haven't gone bad yet.
 
2013-04-04 06:55:50 PM

Dinjiin: umad: It lets everybody who sees you know that you are a complete douchebag.

Here's a shocking statement: not all HOAs are operated the same way.  Some of them are actually quite lax.  Before buying a house in a neighborhood, you could go chat up your future neighbors and ask them about the HOA so you know what you're getting into.


Ah, but then those HOA leaders sell their houses or don't stand for re-election and a few concern douches do.  Next thing you know, your "lax" HOA is militant and you have no recourse.
 
2013-04-04 07:01:05 PM

umad: Dinjiin: umad: It lets everybody who sees you know that you are a complete douchebag.

Here's a shocking statement: not all HOAs are operated the same way.  Some of them are actually quite lax.  Before buying a house in a neighborhood, you could go chat up your future neighbors and ask them about the HOA so you know what you're getting into.

Or I could just not be an idiot and buy something that isn't in an HOA neighborhood. Your "lax" HOA is not guaranteed to still be that way after you have been living in your house for years.

There is no such thing as a good HOA. There are only HOAs that haven't gone bad yet.


Yep, that happened to my folks.

The HOA didn't seem too bad when they scouted the place but it was only a year old at that point. Fast forward 5 years  and that shiat turned into Game of Thrones.
 
2013-04-04 07:02:20 PM
Anyone foolish enough to buy into an HOA deserves what they get.
 
2013-04-04 07:04:14 PM

Krieghund: Are marijuana plants that odoriferous? I have no experience with them, but I wouldn't imagine you'd be able to tell one was on the other side of a fence unless you looked.


Fertilizer.
 
2013-04-04 07:09:04 PM
In FL it is a near impossibility to find an affordable house in a nice neighborhood that isn't governed by a HOA.

/I know, I know, my first mistake was living in FL
//sick of the snow
 
2013-04-04 07:09:48 PM
HOA is Cantonese for "bowl of dicks". In the center of the bowl is the biggest dick, which is the HOA's lawyer.

Notice that the lawyers opinion is that the HOA is "private" governing entity that is in no way subject to state law and that the HOA can regulate you in your private use of your property anyway it pleases in defiance of the state constitution.

Guess what, he's going to keep saying that no matter how many court cases he loses, because he's the biggest dick in a bowl full of them.

Years ago my HOA asked for more money to pay the lawyer they hired to sue a neghboring development to keep them from building more houses. We said "how about no."
 
2013-04-04 07:09:58 PM
Simple; outlaw HOAs.
 
2013-04-04 07:10:13 PM

Novart: Krieghund: Are marijuana plants that odoriferous? I have no experience with them, but I wouldn't imagine you'd be able to tell one was on the other side of a fence unless you looked.

An ounce sealed in a bag locked in a droor is still enough to stink my room up.


WTF is a "droor"?

*google*

Ah:

Droor A blond girls way of saying a boxlike container in a piece of furniture.
Just hurry up and get the candy out of the.. how you spell it? droor..?
Oh, "drawer".

/TMYK
 
2013-04-04 07:12:10 PM

Badafuco: weiserfireman: I don't live in a Marijuana state.   Just this week, we had a 911 call to the fire department for an unusual odor in a building.

For those of you who don't know, a 911 call creates an "emergency" for the fire department.   We can search every room in the building without a warrant.

In this case, when we started searching the apartments upstairs, one of the residents started getting belligerent with the firefighters.   The Captain backed off and called for a law enforcment assist.    They found a small marijuana grow operartion in a walking closet.   It was the source of the odor.    Cops were happy because they got a drug bust.   Fire department was happy because we got to explore and no one got hurt.

Jeez, thank god THAT guy is off the streets. Well done. You're happy you have a loophole to go in and search people's houses because of a reported odor that doesn't reek like dead body?


You rather that they have to phone for a warrant while an apartment complex burns down?
 
2013-04-04 07:18:33 PM

umad: Your "lax" HOA is not guaranteed to still be that way after you have been living in your house for years.


Most of the cities in this area require new subdivisions to have HOAs.  About the only place you can live without one are the county islands.  Many of the people who move to them are the sorts of people who would seriously run afoul of HOA rules.  Lots of dirt bikes and quads going up and down the streets, livestock, lots of barking dogs, discharging firearms in the back yard, outdoor home businesses, etc...

In other parts of the country, either those people are spread out so you don't have a huge concentration of them or the lots are much bigger so you have more buffer between neighbors.  Not here.

I'd much rather take my chances with an HOA than a neighborhood full of libertarian trash with cash folks.
 
2013-04-04 07:18:53 PM
What an HOA office may be like
s24.postimg.org
 
2013-04-04 07:18:55 PM
ITT: a bunch of kids who have never owned homes, or don't own nice enough property to want to protect its value with an HOA.

The smell is obnoxious.   Some people still have testing for jobs and don't need neighbors smoking 12 hours a day to make them wonder about whether or not they're going to contact-fail random testing. HOAs are created to protect homeowners from things that are otherwise legal - of course they'll be able to outlaw marijuana, just like they can outlaw having a car that leaks oil, or having laundry hung from your front porch.
 
2013-04-04 07:21:32 PM

Krieghund: Are marijuana plants that odoriferous? I have no experience with them, but I wouldn't imagine you'd be able to tell one was on the other side of a fence unless you looked.


Only when they're budding, and they're harvested soon after they start.
 
2013-04-04 07:22:43 PM

random_fool: ITT: a bunch of kids who have never owned homes, or don't own nice enough property to want to protect its value with an HOA.

The smell is obnoxious.   Some people still have testing for jobs and don't need neighbors smoking 12 hours a day to make them wonder about whether or not they're going to contact-fail random testing. HOAs are created to protect homeowners from things that are otherwise legal - of course they'll be able to outlaw marijuana, just like they can outlaw having a car that leaks oil, or having laundry hung from your front porch.


so edgy. you got my bite, don't bet on too many more.
 
2013-04-04 07:26:08 PM

Dr. Goldshnoz: random_fool: ITT: a bunch of kids who have never owned homes, or don't own nice enough property to want to protect its value with an HOA.

The smell is obnoxious.   Some people still have testing for jobs and don't need neighbors smoking 12 hours a day to make them wonder about whether or not they're going to contact-fail random testing. HOAs are created to protect homeowners from things that are otherwise legal - of course they'll be able to outlaw marijuana, just like they can outlaw having a car that leaks oil, or having laundry hung from your front porch.

so edgy. you got my bite, don't bet on too many more.


Nothing really edgy there, except perhaps the comment that most of the people in this thread don't/won't own a house worth protecting, and I'm actually standing by that - I think it's probably more true than false.

In the real world, a house is the most expensive thing most people own, therefore property values trump all. HOAs protect property values. I wouldn't let you smoke in my car and ruin the upholstery, why would I let you smoke in your back yard and ruin my property value?
 
2013-04-04 07:29:28 PM
Cold. Dead. Hands.
 
2013-04-04 07:30:20 PM

BarkingUnicorn: Krieghund: Are marijuana plants that odoriferous? I have no experience with them, but I wouldn't imagine you'd be able to tell one was on the other side of a fence unless you looked.

Only when they're budding, and they're harvested soon after they start.


bzzt wrong
 
2013-04-04 07:41:25 PM

random_fool: contact-fail random testing


lolz

random_fool: don't/won't own a house worth protecting, and I'm actually standing by that - I think it's probably more true than false.


lolz again.
 
2013-04-04 07:45:33 PM
I live in a neighborhood that has an HOA.   They charge less than $100 a year for upkeep of the plants in the entryway and for damn maintenance on our private 30 acre pond.   My brother less than a mile away can only paint his house certain colors, can't park his trailered boat in the driveway, and recently lost his insurance because they told him he needed to put a new roof on.   I admit most suck, I got lucky I guess.
 
2013-04-04 07:46:35 PM

Dinjiin: A good grow operation is one nobody knows about.  If an HOA finds out about it, chances are that the sort of people who would break into your home would find out about it as well.  So make sure you use carbon filters on the exhaust vents and tell your buyers not to come at all hours of the night.


Right ideas, but wrong overall due to a technicality.

If you're growing, and its illegal, don't shiat where you eat. Grow somewhere else. Don't sell from your house. The house you do grow in, all of the above is applicable.
 
2013-04-04 07:58:33 PM

random_fool: Some people still have testing for jobs and don't need neighbors smoking 12 hours a day to make them wonder about whether or not they're going to contact-fail random testing.


Oh wait, you're serious... let me laugh even harder.
 
2013-04-04 08:04:53 PM
A friend of mine lived in a community with an HOA that provided a security guard.  He tried to break up a house party but somehow we got him to help direct street parking instead.

/ Got nothing
// but slashies
 
2013-04-04 08:05:24 PM

FreetardoRivera: umad: Dinjiin: umad: It lets everybody who sees you know that you are a complete douchebag.

Here's a shocking statement: not all HOAs are operated the same way.  Some of them are actually quite lax.  Before buying a house in a neighborhood, you could go chat up your future neighbors and ask them about the HOA so you know what you're getting into.

Or I could just not be an idiot and buy something that isn't in an HOA neighborhood. Your "lax" HOA is not guaranteed to still be that way after you have been living in your house for years.

There is no such thing as a good HOA. There are only HOAs that haven't gone bad yet.

Yep, that happened to my folks.

The HOA didn't seem too bad when they scouted the place but it was only a year old at that point. Fast forward 5 years  and that shiat turned into Game of Thrones.


What,b you had sisters farking their brothers and midgets running around?
 
2013-04-04 08:09:29 PM

Novart: Krieghund: Are marijuana plants that odoriferous? I have no experience with them, but I wouldn't imagine you'd be able to tell one was on the other side of a fence unless you looked.

An ounce sealed in a bag locked in a droor is still enough to stink my room up.


This. My roommate thought I was smoking pot in the house, nope, just smelt the dry goods even in two baggies and a Tupperware container. It's the good sheeeeit.
 
2013-04-04 08:10:31 PM

random_fool:  why would I let you smoke in your back yard and ruin my property value?


Speaking as a homeowner who smokes in his backyard, I'm kind of curious as to how exactly you think this is going to be factored into your property value. Actually that's not entirely accurate: I am simply dying to know. Please, enlighten me. My last appraisal didn't include anything about how many of my neighbors smoked, inside or out. I don't seem to remember that line on my property tax assessment, either.

My biggest problem in terms of property value is the zero-lot-line HOA governed community they built on what was formerly a community park, increasing traffic through my neighborhood and ruining a very nice view in the process. That hurt. Mind you, I don't think it's the HOA itself dragging down my home value but it's worth noting that one exists for the purpose of this conversation.
 
2013-04-04 08:24:52 PM

Charlie Chingas: From the comments: "HOAs are for people still bitter about losing student government elections."

Pretty much this.

/yeah, yeah. "If you don't like HOAs, don't move where they have them."
//What's the point of freedom when every entity out there can basically tie your nuts down?


So people who all move to a neighborhood to avoid purple houses, pets running wild, (insert something here) should have no ability to live in a place without them?

What is the point of freedom when you have to live next to a meth lab full of white trash?
 
2013-04-04 08:27:55 PM

Smackledorfer: Charlie Chingas: From the comments: "HOAs are for people still bitter about losing student government elections."

Pretty much this.

/yeah, yeah. "If you don't like HOAs, don't move where they have them."
//What's the point of freedom when every entity out there can basically tie your nuts down?

So people who all move to a neighborhood to avoid purple houses, pets running wild, (insert something here) should have no ability to live in a place without them?

What is the point of freedom when you have to live next to a meth lab full of white trash?


i will take the Meth lab...

///the meth cookers dont complain about anything and keep to them selfs
////the HOA tried to ban colored flowers
 
2013-04-04 08:28:04 PM

Dinjiin: umad: Your "lax" HOA is not guaranteed to still be that way after you have been living in your house for years.

Most of the cities in this area require new subdivisions to have HOAs.  About the only place you can live without one are the county islands.  Many of the people who move to them are the sorts of people who would seriously run afoul of HOA rules.  Lots of dirt bikes and quads going up and down the streets, livestock, lots of barking dogs, discharging firearms in the back yard, outdoor home businesses, etc...

In other parts of the country, either those people are spread out so you don't have a huge concentration of them or the lots are much bigger so you have more buffer between neighbors.  Not here.

I'd much rather take my chances with an HOA than a neighborhood full of libertarian trash with cash folks.


it's your funeral...
 
2013-04-04 08:32:26 PM

weiserfireman: I don't live in a Marijuana state.   Just this week, we had a 911 call to the fire department for an unusual odor in a building.

For those of you who don't know, a 911 call creates an "emergency" for the fire department.   We can search every room in the building without a warrant.

In this case, when we started searching the apartments upstairs, one of the residents started getting belligerent with the firefighters.   The Captain backed off and called for a law enforcment assist.    They found a small marijuana grow operartion in a walking closet.   It was the source of the odor.    Cops were happy because they got a drug bust.   Fire department was happy because we got to explore and no one got hurt.


Fyi if the person in the home insists there is no fire then the emergency exception tothe warrant requirement is probably done.

The cops generated new cause by smelling it, but cops cannot enter your home to seize even if they see you growing, rolling, and smoking your pot. They still need a warrant.

In fact if i recall correctly even a cop legally entering a home and seeing the pot in an emergency circumstance still has to leave when the emergency is over. Then they get the warrant and return.
 
2013-04-04 08:36:00 PM

Smackledorfer: weiserfireman: I don't live in a Marijuana state.   Just this week, we had a 911 call to the fire department for an unusual odor in a building.

For those of you who don't know, a 911 call creates an "emergency" for the fire department.   We can search every room in the building without a warrant.

In this case, when we started searching the apartments upstairs, one of the residents started getting belligerent with the firefighters.   The Captain backed off and called for a law enforcment assist.    They found a small marijuana grow operartion in a walking closet.   It was the source of the odor.    Cops were happy because they got a drug bust.   Fire department was happy because we got to explore and no one got hurt.

Fyi if the person in the home insists there is no fire then the emergency exception tothe warrant requirement is probably done.

The cops generated new cause by smelling it, but cops cannot enter your home to seize even if they see you growing, rolling, and smoking your pot. They still need a warrant.

In fact if i recall correctly even a cop legally entering a home and seeing the pot in an emergency circumstance still has to leave when the emergency is over. Then they get the warrant and return.


your threshold only protects you from the supernatural, if the cops see you doing an illegal activity inside your home he has probable cause  to enter
 
2013-04-04 08:38:07 PM

Antagonism: Right ideas, but wrong overall due to a technicality.


Nothing in my statement made any reference to the grow house being the one you live in.  Agree with everything else you said.
 
2013-04-04 08:39:50 PM
umad:
That's why when I buy a house, I am going to pick one that borders an HOA but isn't in one. Then I will fark with my neighbors mercilessly.

Yeah everyone thinks things like that.  Then when the time comes... you will buy whatever you can bear to live in that you can also almost afford.  Then you will work like a dog to keep it paid for and in good enough repair that it doesn't cost you even more money to fix up later.  You will not care what other people with HOA's do or say.

random_fool:
Nothing really edgy there, except perhaps the comment that most of the people in this thread don't/won't own a house worth protecting, and I'm actually standing by that - I think it's probably more true than false.

In the real world, a house is the most expensive thing most people own, therefore property values trump all. HOAs protect property values. I wouldn't let you smoke in my car and ruin the upholstery, why would I let you smoke in your back yard and ruin my property value?


It's just that HOA's are not so great when some wacko from down the road who doesn't like that you don't go to her church gets elected HOA president and makes it her mission to have you run out of your own house for doing harmless things everyone else gets away with.  That has nothing to do with property values, and when it does not happen, we don't hear about those places on Fark.  Nobody wants that and then when it happens it's too late and you are farked.
 
2013-04-04 08:42:32 PM

thenumber5: Smackledorfer: weiserfireman: I don't live in a Marijuana state.   Just this week, we had a 911 call to the fire department for an unusual odor in a building.

For those of you who don't know, a 911 call creates an "emergency" for the fire department.   We can search every room in the building without a warrant.

In this case, when we started searching the apartments upstairs, one of the residents started getting belligerent with the firefighters.   The Captain backed off and called for a law enforcment assist.    They found a small marijuana grow operartion in a walking closet.   It was the source of the odor.    Cops were happy because they got a drug bust.   Fire department was happy because we got to explore and no one got hurt.

Fyi if the person in the home insists there is no fire then the emergency exception tothe warrant requirement is probably done.

The cops generated new cause by smelling it, but cops cannot enter your home to seize even if they see you growing, rolling, and smoking your pot. They still need a warrant.

In fact if i recall correctly even a cop legally entering a home and seeing the pot in an emergency circumstance still has to leave when the emergency is over. Then they get the warrant and return.

your threshold only protects you from the supernatural, if the cops see you doing an illegal activity inside your home he has probable cause  to enter


Pretty sure you are wrong, but I am on my phone and have no time to prove it.

If a cop sees pot in your car his search is legal as a plain view exception. Then his subsequent entry to seize (search and seizure are always two separate steps in warrantless procedures) is allowed because of the readily mobile conveyance.

No such exception would be present if it was a house and not a car. Alas my phone is too slow at loading for me to find relevant case law to link.
 
2013-04-04 08:44:50 PM
No HOA, Colorado resident.

I love this state.
 
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