HOA Nut House

First off ... I live in a HOA controlled community that has gone totally overboard ... the people on the boards rule with an iron fist ... so I am fully aware of just how ridiculous these people can be ...

As for your problem ... unfortunately you do have a motor in the battery operated scooter ... the battery is just the "fuel" if you will ...and the motor is the electric motor that powers the cycle ...

One point however .. I cannot see how your Association can legally outlaw vehicles that can legally ride on the road. If your scooter can be licensed to ride on your state roads ... then how in the world can your association prohibit you from riding to and from your house? These HOA's are nuts! I hate my Board ... our stories of abuse are endless ... as soon as the houses start selling in my neck of the woods I'm selling out of this "community" and I'll never let a bunch of bitter old nobodies have that much power over me ... Good luck on your son's scooter.

We sympathize with you because we also live in a Florida mandatory HOA PUD. We would also like to sell this house and move back to the free zone. But because of the terrible R.E. market in FL now, we cannot get a decent price for our home. (We were first time, uninformed home buyers.) Had we known then what we know now, we would never have purchased in this HOA single family home PUD.

What you write is absolutely true....our stories of abuse by the HOA et al are endless also......the houses here are not selling either, even at drastically reduced prices and have been on the market many months. This HOA problem in FL is endemic and the HOA industry lies that they protect property values is absolute nonsense and propaganda. Good Luck to us all! We'll need it if we ever want to get out of this FL HOA industry trap!

You are not endangering your son Josh by encouraging his skills in judgement, dexterity, and courage.
You are not being unreasonable.

You will, however, be sanctioned, and you need to have thick skin.
Pay one of these hourly 'fast food' attorney types to write a kind letter politely dismissing the poo poo the board appears to want very much to spread all over.

Otherwise, the rumors, gossip and innuendo will begin:
You are a terrible father
You are a law breaker
You are the reason the US is warring in iraq, afghanistan, why there is disparity in AMERICA
You are 'those people'
You can't just get along
Your son will start here, breaking the law - next he will be doin crack and knockin up their daughters
It won't be about you anymore. It will be about Josh. People will stop to wave back.

Otherwise, you'll not notice anything different in your piece of heaven

Thank you all for the responces. Josh is a great student his grade point is 4.0 & he is one of the best baseball players here is San Diego. We are not defiant people we just don't let board members dictate us. If the CC&RS read no battery then we would have complied. Everyone that posted a responce made some exellant points here . I did contact a lawyer who did offer free servcies just to shut the board members. The attorney also made a good piont in stating that the bike is street legal since its run on a battery and some other lawyer language. Again though, thank you everyone who responded to my blog. This is a fun place to get educated about hoas.

I have several questions regarding this problem.

1. Is this an E-Bike as classified by CA law or a battery powered toy???

2. What is the make and model of the bike in question????? Who makes it, etc...???

2. Is your son 16 years or older???

3. Is the Bike Registered with DMV???

Changes to County and State Laws always supercede HOA convenants and by-laws. Please keep in mind though that there is a motor in the device, it is just battery powered as opposed to gas powered. Without a motor it wouldn't move under it's own power.

Wheelchairs, "hover-rounds" etc.... are covered by the American Disabilities Act (Federal) and could never be covered under HOA's CC&R. I'm not sure why so many of these communities want to limit these activities??? Does the board give a reason??? Have you asked them??? I

Hi TKBoss,

1.Not an Ebike but a dirtbike made by razor run on a battery & made to look like a dirtbike. In the california vehicle code its ok to ride this anywhere. I have contacted my local sherriffs office & was informed that anyone can ride it. Its a battery operated toy.

2.Razor dirtbike I dont have the model number but google it and come it will come.

3.Josh is 11 soon to be 12. The bike is perfect for his age.

4.The bike does not have to be registered.

The bike is quite you would not know its coming if you did not see it.

Razor Dirtbike

I assume this is the Razor Dirt Bike Rocket MX350, as the larger 500 and 650 are for 14 or 16 and up respectively. This toy produces 350 watts and reaches 14 mph, and does not have pedals or a floorboard.

First and foremost I am not an attorney........... but after reviewing CHP website regarding electric battery power vehicles here's the problems I see, which the board probably hasn't addressed. They are just annoyed more than anything.

It appears your son's Razor Dirtbike falls under California Vehicle Code (VC) 406(a). It says:

Section 406(a) VC refers to a moped or motorized bicycle as any two or three wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, has an automatic transmission, and a motor which produces less than 2 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

CHP also specifies for operating the vehicle:

Motorcycle, motor-driven cycle, motorized bicycle/moped (Section 406(a) VC)

* Must obtain an M-1 or M-2 endorsement on a driver's license.
* M-1 allows the driver to operate a motorcycle, motor-driven cycle and moped
* M-2 allows for operation of a moped or motorized bicycle only.
* To obtain an M-1 or M-2 endorsement, the driver must:
o Pass the appropriate written exam
o Pass riding skills test (DMV will accept certificate of competence from an approved novice motorcyclist training program instead of skills test, such as the California Motorcyclist Safety Program).
o If the individual is under 21 years of age, mandatory successful completion of a Basic Rider education course approved by the CHP is required, such as the Basic Rider course available through the California Motorcyclist Safety Program.

CHP clearly designates that even motorized scooters, which requires a floorboard and to be stood upon, still requires a Class C drivers license as of 1/1/2005.

I'm not sure of the validity of the HOA's claim within your community (check with CHP), but it appears he would need a driver's license to operate any of these vehicle on city streets (anywhere speed limits are posted - if your neighborhood has them). You probably would not come out on the positive side of this one.

Sorry, and I wish you the best of luck with your problem! I also posted the link to the CHP website with all the specifications so you could review it, and contact them if need be.

[url]http://www.chp.ca.gov/html/motors.html[/url]

Hi,

Thank you for this nice blog. Yes it is the razor mx dirtbike for kids ages 8 and up. I once again called the local sherriffs office and along with the traffic unit looked up the website. Josh is clearly ok to ride this bike outside of the gates beacuse riding in here is under the motorized rule. There is no need for a drivers licence on this toy. I really do appreciate though the time you took to do this. Once again though Josh will just have to get his riding mood done outside here and thats ok too. But sometimes I will just ride in here to ruffle some feathers. This bike is just a battery operated toy that with all the ligistics tied into would be defined as motorized. As long as the CC&RS don't break any codes of Califonria theres nothing anyone can do but move which I will do.

I already called and was told that the board considers motor and battery the same. EVEN though in the CC&RS it reads "motorized" & we have a battery. Does this rule infringe on my right to ride since its battery operated. If anyone knows how to stop the what I call harrasement it would be appreciated.

boediger

We beg to differ with you. The Board is never correct, just another authoritarian dictator ridden HOA bullying the naive "homeowners!"

Pay no attention to AnonymousXX. That poster must not be a guy because she doesn't know anything about motors/engines.