Ian Lewis, Other/Just Looking in Topeka, KS

If a property attempts to enforce a policy that is not stated in writing or signage can they enforce it?

Asked by Ian Lewis, Topeka, KS Mon Jun 11, 2012

a 49cc scooter has been ridden on apartment property, owned by a committee. 2 days after initial ride, a door hanger with a written notice was placed on my door stating that storage and use of a scooter on the property was illegal.

In this sense any small engine vehicle must be banned, and appropriate signs should be hung. This is not the case, only explicit warning of no skateboards or rollerblades are printed on signs at the entrances to the property.

It is confirmed no policy is listed in the rules and regulations that pertains to small engine vehicles.

What can i do about this odd enforcement?

They are basically stating that any small engine vehicle must be carried or pushed off property before the individual in need of transport would be able to mount, turn ignition, and finally drive off....odd right?

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Answers

3
Becky Burghart’s answer
My first reaction to your post is: Were you given notice to the policy prior to occupying the apartment?

Most people want to follow the rules but they have to know about them from the beginning. I would obtain a copy, read them and start asking neighbors if they are aware of the policies. if not, go to the committee and insist on a change. People in numbers is very powerful. IF they don't want to change I would consider a move, asking for your deposit back since they have a policy you were not made aware of from the beginning of your lease. Best Wishes. Hope this helps.
1 vote Thank Flag Link Mon Jun 11, 2012
Also, can confirm no such rules existed when lease was signed.
Flag Tue Jun 12, 2012
Yes I have reviewed the rules and regulations several times before this incident. At no point had any one been informed of this any regulation such as this. After speaking to my landlord, he said the board wasn't going to budge even though it hadn't been posted on a sign or put in writing (lease, written notice, etc) and that i would still be fined in the future if it was seen.
thank you for your input.
Flag Tue Jun 12, 2012
BEST ANSWER
I think the first thing I would do is to very politely, but firmly, ask them to provide you with written documentation of this policy or restriction.
1 vote Thank Flag Link Mon Jun 11, 2012
I'd take it one step at a time, rather than "what if" yourself to death. I know it's hard since you're caught up in the emotions of it right now :)
Flag Mon Jun 11, 2012
apologize for the poor grammar, in a rush.
Flag Mon Jun 11, 2012
That was my next thought. Any follow up steps?
They could throw together a word document, with a letter head and say that it was a formal notice but, how do I verify that this didn't just arise because a 20 something tenant is riding a vehicle around that they havent seen before?
I feel singled out.

Thank you very much for your input.
Flag Mon Jun 11, 2012
I'm sure that Lawyers have a name for things like this;

It seems that the first one to tell a lie, is the one who gets believed.
and if the liar is in a position of authority, so much the better.

Now, you have the obligation of arguing or answering the charge.
I guess you could always ignore it, and wait to see what they do.

Remembering that they are in a position of authority, they might try to force you or the scooter out, possibly by a lawsuit, or other legal remedy.

This is an example of the abuses that you can find with HOA's;
and why some people are so negative about them.

Is it worth consulting an Attorney before this foments?
you may have to decide.

Also, with the handwriting on the wall; is this a portent of many things to come?
Does anyone want to live in this kind of envionment?
1 vote Thank Flag Link Mon Jun 11, 2012
also thank you for your answer.
Flag Mon Jun 11, 2012
I believe in picking your battles but when does a battle abandoned, ever get fought?

They are in the position of authority, but how can i show them that they are not upholding the standard of that authority?

Rules and regulations pertaining to a group are supposed to be disclosed to anyone applicable, then those individual act on behalf of the owners to inform guests and the like. So how does a door hanger with a written notice hold ground?

My big question is, how do i bring legitimacy to this situation? If this biased enforcement is unlawful then how do I bring light to this? If it is lawful, how do I make sure that they inform everyone and put up signs?

In the end I don't understand how a mode of transportation can be banned from an apartment property. Carrying 50+ lbs of scooter off property is do-able for me but for someone older this would impossible.
Flag Mon Jun 11, 2012
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