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View Full Version : Judge rules Missouri family's purple swingset can stay



Jeff
08-31-2015, 07:03 AM
This is why I live out in the boonies, and even living out there the home owners organization asked me not to park my tractor ( I dropped the trailer at the truck stop up the road ) in my driveway, hell my drive is like 200 yards long and where I had parked it you couldn't even see it from the road, so I offered to , well lets just say they didn't like my offer and that was the end of it. :laugh:

These folks where fined and told they had to change the color of a swing set :eek: I mean I am sure it was in the back yard and furthermore as I told the homeowners group where I live, I bought the place it's mine and I will do as I please ( within reason of course, I would never do something to make my neighbors upsrt ) be just the fact these folks had to go all through this, now that it is settled I would have the house up for sale.


A Missouri judge has ruled that a suburban Kansas City family's purple swingset won't need to have its color changed after a homeowner's association threatened the family with fines or jail time.
"We're super excited, we’re very happy," said Marla Stout, who owns the swingset, told Fox4KC (http://fox4kc.com/2015/08/30/family-who-owns-controversial-purple-playground-celebrates-big-win-against-hoa/) at a neighborhood barbecue Sunday celebrating Friday's ruling.
Stout told "Fox & Friends" earlier this month (http://www.foxnews.com/us/2015/08/14/purple-peril-homeowners-group-threatens-family-over-swingset-color/) that she painted the swingset purple at the request of her two young daughters more than two years ago. But it was only this summer that the homeowner's association for the subdivision the Stouts live in told Marla that the color was not in harmony with others in the neighborhood.



<script type="text/javascript" src="http://video.foxnews.com/v/embed.js?id=4421186391001&w=466&h=263"></script><iframe src="//video.foxnews.com/v/video-embed.html?video_id=4421186391001&loc=debatepolicy.com&ref=about%3A%2F%2F" marginwidth="0" marginheight="0" scrolling="no" frameborder="0" height="263" width="466"></iframe><noscript>Watch the latest video at video.foxnews.com (http://video.foxnews.com)</noscript>

http://www.foxnews.com/us/2015/08/31/judge-rules-missouri-family-purple-swingset-can-stay/?intcmp=hpbt3

fj1200
08-31-2015, 08:00 AM
... a homeowner's association threatened the family with fines or jail time.

http://www.foxnews.com/us/2015/08/31/judge-rules-missouri-family-purple-swingset-can-stay/?intcmp=hpbt3

:laugh: Since when does an HOA have jailing powers? :laugh:

Tyr-Ziu Saxnot
08-31-2015, 08:36 AM
This is why I live out in the boonies, and even living out there the home owners organization asked me not to park my tractor ( I dropped the trailer at the truck stop up the road ) in my driveway, hell my drive is like 200 yards long and where I had parked it you couldn't even see it from the road, so I offered to , well lets just say they didn't like my offer and that was the end of it. :laugh:

These folks where fined and told they had to change the color of a swing set :eek: I mean I am sure it was in the back yard and furthermore as I told the homeowners group where I live, I bought the place it's mine and I will do as I please ( within reason of course, I would never do something to make my neighbors upsrt ) be just the fact these folks had to go all through this, now that it is settled I would have the house up for sale.



<script type="text/javascript" src="http://video.foxnews.com/v/embed.js?id=4421186391001&w=466&h=263"></script><iframe src="//video.foxnews.com/v/video-embed.html?video_id=4421186391001&loc=debatepolicy.com&ref=about%3A%2F%2F" marginwidth="0" marginheight="0" scrolling="no" frameborder="0" height="263" width="466"></iframe><noscript>Watch the latest video at video.foxnews.com (http://video.foxnews.com)</noscript>

http://www.foxnews.com/us/2015/08/31/judge-rules-missouri-family-purple-swingset-can-stay/?intcmp=hpbt3

Swing-set being purple, caused this much crap!???
Hell, around here, some blacks paint their entire house purple, nobody cries out about it!!!
I guess skin color around here, gives that --"get out of jail free card" yet again, eh?--Tyr

NightTrain
08-31-2015, 11:44 AM
I read about this story a while back... talk about a bunch of busybodies.

All of their neighbors that can actually see the swingset in the back yard all signed statements saying it doesn't bother them at all, in fact they praised it. It's supposed to be about the same color as some of the fall colors in that area, so they didn't have a leg to stand on with the Nature rule, either.

Back in '99 we lived in a convenient area in the middle of Wasilla next to the schools in a pretty nice duplex. They had a HOA set up there, too, and it was run by a bitter old 80 year old woman who hated kids... and she happened to live right across the street. I literally would get written complaints every day over the kids playing in the front yard, leaving a ball on the lawn, riding their bikes too fast, running an unauthorized lemonade stand, etc. My kids have always been well behaved, but this woman had it out for any kids around at all - and she had literally nothing to do all day except hate on happy, active kids any way she could.

I always thought old women were supposed to be somewhat Grandmotherly, but not this one. This one was a special kind of mean and bitter.

The final straw happened one morning after I got out of the shower and was in my bedroom getting dressed. I saw a flash of light across the street that caught my eye, and I looked over and the dirty old woman was scoping me with her pair of binoculars from her 2nd story bedroom facing ours! At the tender age of 29, I found out how women feel when they catch a lecherous 80 year old Peeping Tom leering at them... it wasn't pleasant, let me tell you. Nasty old woman!

Even thought I hate moving with a passion, we stayed there a total of about 8 months before we packed up and left. I got tired of that bullshit pretty fast - coming home after working my butt off for 10-12 hours and have to deal with the old crone across the street with her bizarre hobby was wearing me down.

I'll never live in a neighborhood with an HOA after that. The OP story HOA is probably run by the sister of the bitter old bag that I went round and round with.

Perianne
08-31-2015, 01:42 PM
This reminds me of a story I heard on the radio. One neighbor was complaining about another neighbor's flowers. He said seeds from her flowers were blowing over into his yard and causing "weeds" to grow in his perfectly-manicured lawn. He threatened to fine her $1000 per week until she removed the flowers. lol

DragonStryk72
08-31-2015, 02:39 PM
:laugh: Since when does an HOA have jailing powers? :laugh:

Sadly, they can, in point of fact. See, for most HOAs, the residents sign a contract with the HOA to abide by the standards of the HOA. Now, usually, there are regular meeting where the members of the community vote on matters pertaining to rules and regulations.

The problem exists because for most people, they don't even know where or when these meetings are, and many never show up. So the few people that do go are usually the people are the biggest dickholes.

So, how does this end up in jail time? Well, put simply, you agreed to abide by a contract, and guess what's embedded in the contract? They can take your refusal to abide by the standards as "destruction" of property for the community.

Gunny
08-31-2015, 02:42 PM
This is why I live out in the boonies, and even living out there the home owners organization asked me not to park my tractor ( I dropped the trailer at the truck stop up the road ) in my driveway, hell my drive is like 200 yards long and where I had parked it you couldn't even see it from the road, so I offered to , well lets just say they didn't like my offer and that was the end of it. :laugh:

These folks where fined and told they had to change the color of a swing set :eek: I mean I am sure it was in the back yard and furthermore as I told the homeowners group where I live, I bought the place it's mine and I will do as I please ( within reason of course, I would never do something to make my neighbors upsrt ) be just the fact these folks had to go all through this, now that it is settled I would have the house up for sale.



<script type="text/javascript" src="http://video.foxnews.com/v/embed.js?id=4421186391001&w=466&h=263"></script><iframe src="//video.foxnews.com/v/video-embed.html?video_id=4421186391001&loc=debatepolicy.com&ref=about%3A%2F%2F" marginwidth="0" marginheight="0" scrolling="no" frameborder="0" height="263" width="466"></iframe><iframe src="//video.foxnews.com/v/video-embed.html?video_id=4421186391001&loc=debatepolicy.com&ref=about%3A%2F%2F" marginwidth="0" marginheight="0" scrolling="no" frameborder="0" height="263" width="466"></iframe><noscript>Watch the latest video at video.foxnews.com (http://video.foxnews.com)</noscript>

http://www.foxnews.com/us/2015/08/31/judge-rules-missouri-family-purple-swingset-can-stay/?intcmp=hpbt3

I totally despise Homeowner's Association. Damned Nazis. Cost you $150 a year so they can keep the pool open 3 months a year, and walk around telling you where you can keep your trash can.

Gunny
08-31-2015, 02:45 PM
:laugh: Since when does an HOA have jailing powers? :laugh:

Depends on where you live. The HOA doesn't have the authority to jail you, but they got a bat phone to who can. Being a city inspector in San Antonio is a racket. You get them on your butt and you better hope somebody worse than you comes along to distract them or there's no detaching their asses and they'll fine you into the poor house.

fj1200
09-01-2015, 07:27 AM
Sadly, they can, in point of fact. See, for most HOAs, the residents sign a contract with the HOA to abide by the standards of the HOA. Now, usually, there are regular meeting where the members of the community vote on matters pertaining to rules and regulations.

The problem exists because for most people, they don't even know where or when these meetings are, and many never show up. So the few people that do go are usually the people are the biggest dickholes.

So, how does this end up in jail time? Well, put simply, you agreed to abide by a contract, and guess what's embedded in the contract? They can take your refusal to abide by the standards as "destruction" of property for the community.

I'm highly dubious. Contract disputes don't result in jailing the opposite party.

Gunny
09-01-2015, 07:36 AM
I'm highly dubious. Contract disputes don't result in jailing the opposite party.

Who cares? You try to tell me to take my girls' swingset out and you can f- off and die.

Gunny
09-01-2015, 07:44 AM
I'm tired of losers telling us what we can and can't do.

fj1200
09-01-2015, 07:46 AM
Who cares? You try to tell me to take my girls' swingset out and you can f- off and die.

That's cool. :martian:

Of course this story does nothing to explain why the judge ruled the way that he ruled.

jimnyc
09-01-2015, 08:23 AM
I'm highly dubious. Contract disputes don't result in jailing the opposite party.

I don't think they can actually jail them. Jail would have to emanate from some sort of criminal act. Whether they can somehow claim "destruction" is certainly beyond my expertise, but sounds off the wall. I think at best you would see perhaps eviction, fines and other crap.

Likely what happened was words back and forth, rules and regulations, refusal to follow them, threats made about eviction, and then threats to ignore them and stay, and then threats of jail as a result.

Gunny
09-01-2015, 08:37 AM
That's cool. :martian:

Of course this story does nothing to explain why the judge ruled the way that he ruled.

Cuz he's a 'tard?

Gunny
09-01-2015, 08:39 AM
I don't think they can actually jail them. Jail would have to emanate from some sort of criminal act. Whether they can somehow claim "destruction" is certainly beyond my expertise, but sounds off the wall. I think at best you would see perhaps eviction, fines and other crap.

Likely what happened was words back and forth, rules and regulations, refusal to follow them, threats made about eviction, and then threats to ignore them and stay, and then threats of jail as a result.

What they do is fine the crap out of you, then jail you for not paying your fines.

Perianne
09-01-2015, 08:39 AM
This sounds like a racist HOA. Not the right color.... hmpfff!

fj1200
09-01-2015, 12:10 PM
I don't think they can actually jail them. Jail would have to emanate from some sort of criminal act. Whether they can somehow claim "destruction" is certainly beyond my expertise, but sounds off the wall. I think at best you would see perhaps eviction, fines and other crap.

Likely what happened was words back and forth, rules and regulations, refusal to follow them, threats made about eviction, and then threats to ignore them and stay, and then threats of jail as a result.

I think the only actual power an HOA has is to be able to fine and lien the property.


What they do is fine the crap out of you, then jail you for not paying your fines.

The HOA fines you, the city won't jail you for an HOA dispute.


Cuz he's a 'tard?

The author? He left a lot to be figured out by the next person.

jimnyc
09-01-2015, 12:19 PM
I think the only actual power an HOA has is to be able to fine and lien the property.

Yikes, I was about to agree with you 100%, "debtors prison", and then came up with this when I did my search to post it though. Perhaps the fines from the HOA's can have an impact, and a threat of jail down the road can make sense in some places, especially in Illinois, for example. I know this isn't 'directly' for non-payment, but even non-payment of legal fees is included. Normally speaking, if someone owes a debt, the courts normally can/would enter a judgment. From that point forward, it's up to the plaintiff's to collect the money, not the courts. And they can garnish, screw your credit and other things - but jail wasn't an option.

---

Jailed for $280: The return of debtors' prisons

(MoneyWatch) How did breast cancer survivor Lisa Lindsay end up behind bars? She didn't pay a medical bill -- one the Herrin, Ill., teaching assistant was told she didn't owe. "She got a $280 medical bill in error and was told she didn't have to pay it," The Associated Press reports. "But the bill was turned over to a collection agency, and eventually state troopers showed up at her home and took her to jail in handcuffs."

Although the U.S. abolished debtors' prisons in the 1830s, more than a third of U.S. states allow the police to haul people in who don't pay all manner of debts, from bills for health care services to credit card and auto loans. In parts of Illinois, debt collectors commonly use publicly funded courts, sheriff's deputies, and country jails to pressure people who owe even small amounts to pay up, according to the AP.

Under the law, debtors aren't arrested for nonpayment, but rather for failing to respond to court hearings, pay legal fines, or otherwise showing "contempt of court" in connection with a creditor lawsuit. That loophole has lawmakers in the Illinois House of Representatives concerned enough to pass a bill in March that would make it illegal to send residents of the state to jail if they can't pay a debt. The measure awaits action in the senate.

"Creditors have been manipulating the court system to extract money from the unemployed, veterans, even seniors who rely solely on their benefits to get by each month," Illinois Attorney General Lisa Madigan said last month in a statement voicing support for the legislation. "Too many people have been thrown in jail simply because they're too poor to pay their debts. We cannot allow these illegal abuses to continue."

http://www.cbsnews.com/news/jailed-for-280-the-return-of-debtors-prisons/

Gunny
09-01-2015, 12:22 PM
I think the only actual power an HOA has is to be able to fine and lien the property.



The HOA fines you, the city won't jail you for an HOA dispute.



The author? He left a lot to be figured out by the next person.

I think I said that.

fj1200
09-01-2015, 12:33 PM
Yikes,

:eek: Well, IL is barely part of the United States.


I think I said that.

:)

Little-Acorn
09-01-2015, 01:37 PM
Good thing they didn't try to display an American flag on their porch or something.

The HOA would probably shoot them on sight for that.

DragonStryk72
09-01-2015, 05:52 PM
Actually, if you can't/won't pay the ridiculous fines the HOA charge, you very well can end up in prison, and instead of HOAs being offended by the thought of someone thinking they'd jail someone, they instead or weirdly proud of it.

Gunny
09-01-2015, 06:00 PM
Good thing they didn't try to display an American flag on their porch or something.

The HOA would probably shoot them on sight for that.

We went through that after 9/11. One of the neighbors painted an American flag on his garage door. The HOA had a hissy fit and he refused to remove it.

fj1200
09-02-2015, 08:30 AM
Actually, if you can't/won't pay the ridiculous fines the HOA charge, you very well can end up in prison, and instead of HOAs being offended by the thought of someone thinking they'd jail someone, they instead or weirdly proud of it.

When has an HOA imprisoned someone?