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| | Author | Messages | |
AzSandSlinger
Posts:578
 | | | Jason
Posts:3378
| | 09/27/2007 1:36 PM |
 Alert | 8. For use by any licensed private investigative agency or licensed security service for any purpose allowed under this section.
Apparently you missed this permissible use?
Yes, you are correct that the attorney representing the HOA could pull the record on a vehicle (with a court order).. forget about the $500 it will cost the HOA to have the attorney do this (per violator, per vehicle), what happens when it shows someone other than the homeowner (let's say I decide to park in front of your house)? There's NO CASE then..
Why would I admit I'm wrong when you just admitted I'm right? Like I said, I don't think they would do this in the normal course of business, but they could. And that is all I was ever discussing. So, I'm waiting for my apology for you not reading my posts correctly. *tapsfoot* | |
Joined: Jul 2005 | |
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| | Bob J
Posts:117
| | 09/27/2007 4:24 PM |
Alert | | According to the MVD, and the question of "To whom will my motor vehicle record information be released?", The Federal Driver's Privacy Protection Act 18 U.S.C 2721-2725, as well as Title 28, Chapter 2, Article of the Arizona Revised Statutes, specifies that the personal information contained in your vehicle record may not be released to anyone without your consent, except when it is a matter of public health and safety, or when the individual or entity requesting such information is otherwise authorized to obtain it under federal law. And if it's under federal law, wouldn't it come under the jurisdiction of a Federal Court? | | | |
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| | AzSandSlinger
Posts:578
| | 09/27/2007 8:15 PM |
Alert | Oh, I was waiting for the spin....
8. For use by any licensed private investigative agency or licensed security service for any purpose allowed under this section.
No, I didn't miss this.. but..
1) I said check what box YOU can check (please re-read MY post and apologize accordingly).. and the HOA is NEITHER of those entities..
2) How convenient YOU missed this:
For use by any licensed private investigative agency or licensed security service for any purpose allowed under this section. (you must check a second permissible use)
I didn't misread your post... I was saying you were WRONG about my personal information being available via public record.. BTW, you're still wrong about it and still won't admit it.. imagine that...
But please, feel free to keep up the spin, redirection and omission of information.
-Shane | |
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Ultra Super Member
Posts: eleventy-billion
Joined: 10 Nov 1775
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"There are only two kinds of people that understand Marines: Marines and the enemy. Everyone else has a second-hand opinion."
Gen. William Thornson, U.S. Army | |
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| | Jason
Posts:3378
| | 09/27/2007 10:33 PM |
Alert | Feel free to have a victory dance, I admit, I was wrong. Happy?
While we're speaking of redirection though, you'll note that you originally said that the HOA couldn't pull the record, when in reality, the original argument was whether or not the HOA could enforce this against anyone who agreed to it. Yes, we have discovered that they can, contrary to your original claim.
*tapsfoot* Still waiting for that apology... | |
Joined: Jul 2005 | |
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| | BryantJason
Posts:9
| | 09/28/2007 12:09 PM |
Alert | | Given we are not on a Land/Lease agreement and they have no ownership over our actual parcel we own they have no jurisdiction or legal capabilities to mandate a sticker policy. I for one live near two houses (one of which is now doing better) were failing to keep a clean yard. One just went to auction due to foreclosure today and Barbara keeps telling me "We are doing what we can" I have lived in my house since it was new for over 2 1/2 years and for 6 months after we first moved in the original owners kept it clean once they moved and put it up for sale it has gone to horrible condition. According to the CC&R's the HOA has always had the power to assign a landscaping company to come and clean up the front yard at least. Barbara says "we can't do that", "We would be trespassing!" What? we signed a document saying if we failed to comply that could happen. I am so sick of this that I would be willing with everyone in the community if we can to find out our legal abilities to fire AAM and hire a different HOA management company as they are failing to comply with the CC&R's. | | | |
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|  | Bob J
Posts:117
| | 09/28/2007 4:00 PM |
Alert | | As far as I know, it is well within the rights of the homeowners to vote out the HOA and fire the management company, IF (and that's a capital IF) you can get enough homeowners together to do it. But I don't think you can get more than 15 to 30 homeowners to attend any kind of a meeting, and I don't think enough of them care and/or they can't be bothered. Well worth trying, though. | | | |
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| | ruthannhogue
Posts:7
| | 09/29/2007 9:50 AM |
Alert | My understanding is that HOAs have no jurisdiction whatsoever over public streets, only private roads.
Any intervention on the part of a HOA with the parking habits of anyone, whether they live in the area or are visiting, would be usurping the authority of Maricopa authorities if it is done on city property, including a city street.
Homeowners who understand this have successfully stood up to HOAs that have tried to police matters in which they legally have no say.
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| | ruthannhogue
Posts:7
| | 09/29/2007 10:14 AM |
Alert | <a href="http://www.eastvalleytribune.com/story/93050">Maybe next year</a>
A bill failed to pass into law this summer that would have prohibited HOAs from enforcing CC&Rs related to parking on the street by towing vehicles.
An East Valley homeowner, however, is suing over a car that was towed from in front of his house while his daughter was there for an overnight visit. The fate of that suit will have ramifications for us all. We might want to keep an eye on it. | | | |
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| | Jason
Posts:3378
| | 09/30/2007 7:02 PM |
Alert | Any intervention on the part of a HOA with the parking habits of anyone, whether they live in the area or are visiting, would be usurping the authority of Maricopa authorities if it is done on city property, including a city street.
While they can't tow your car (I hope that guy wins his lawsuit), they can fine you for a contract violation. That is not usurping anyone's authority. | |
Joined: Jul 2005 | |
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| | jenny lou
Posts:1
| | 10/02/2007 6:31 PM |
Alert | | Does anyone know what time is considered overnight parking? If I get home from work @ 2 am, and park in the street until noon, is that considered overnight parking? What about parking at midnight and leave at 3 am? | | | |
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| | JasonY
Posts:2417
| | 10/03/2007 3:59 PM |
Alert | | There's parking rules? My street is a parking lot every night.... | |
"My favorite health club is the International House of Pancakes" -- Lewis Black | |
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| | alyblueyz
Posts:44
| | 10/04/2007 11:05 PM |
Alert | THIS is who we should be e-mailing.
Senator Chuck Gray and ask him if he intends to introduce the bill again.
SB 1360, planned communities; authority over roadways, was assigned to the Committee on Homeland Security when it came over from the Senate. It received a hearing in the committee here in the House and the bill failed. It was not brought to the floor for a vote by the members of the entire House. Therefore, I did not get to see the legislation. You may want to contact Senator Chuck Gray and ask him if he intends to introduce the bill again.
Thank you,
Lucy Mason
Lucy Mason
Arizona House of Representatives
Chairman, Water and Agriculture
Member of Health, Counties, Municipalities and Military Affairs.
District 1
North Central Arizona: Prescott, Prescott Valley, Chino Valley, Paulden, Seligman, Ashfork, Williams, Cottonwood, Clarkdale, Camp Verde, Sedona, Oak Creek Canyon, Munds Park, Mountainaire, Kachina Village and Grand Canyon communities.
lmason@azleg.gov
(602)926-5874
1700 West Washington Avenue, Suite H
Phoenix, Arizona 85007
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| | Jason
Posts:3378
| | 11/01/2007 3:38 PM |
Alert | | Looks like AAM has been busy. They now have an agreement/partnership with the city to provide your personal information for parking enforcement. | |
Joined: Jul 2005 | |
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| | JasonY
Posts:2417
| | 11/06/2007 2:50 PM |
Alert | | Gavilan is a parking lot also, very annoying. Same cars parked on the street everyday all week. | |
"My favorite health club is the International House of Pancakes" -- Lewis Black | |
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| | bigblacktruck
Posts:61
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| 11/24/2007 12:38 AM |
Alert | | Thats funny, the Uhaul truck never moves? I notice it being gone every single day. Also that red dodge does move every single day. Noone in this community is priviliged. Some of you older folks seem to think this is a retirement community. Some of us younger people actually have a life and do have to work. I know that the girl who drives the dodge works daily. I know the guy who drives the uhaul, gets paid to use and abuse the trucks for R&D purposes. Shall we complain about the Sherriff's deputy who lives in our neighborhood whos vehicle I have personally never seen move from the same spot in the street? No? I didnt think so. Why dont we address the real issue on our streets. Speeding. How many of you race up and down our streets? Seriously? Alamendras is a raceway. Maybe people park on the street because they are afraid of backing out of their driveway for fear of being run down? | |
Im the one speeding on the 347, move over or get run over! | |
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| | Bob J
Posts:117
| | 11/26/2007 10:23 AM |
Alert | The U-Haul hasn't been seen parking in the street recently. Must be out for R&D purposes, whatever that is, or maybe the driver read about his parking infractions by parking overnight on the streets. The U-Haul driver and the driver of the Red Dodge Avenger certainly think they are priviliged if they think they can park overnight in the street whenever they want. Feel free to call the MPD regarding speeding in Acacia Crossings. Good Luck! They'd rather issue $175.00 tickets to people taking "short cuts" through the strip mall at 347 and 238.
You statement about you're "the one speeding on the 347, move over or get run over" states the problem exactly. You'll do exactly what YOU want to do and to h*** with everyone else. | | | |
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| | bigblacktruck
Posts:61
| | 11/26/2007 4:09 PM |
Alert | Your right about my problem. If I set my cruise at 65 on the 347 and Im passing idiots in the left lane like they are standing still, that IS a problem dont you think? People like you think they can control traffic by driving side by side at 10mph under the speed limit SHOULD be run over in their stupid little cars. There should be a state law passed that if you are purposely slowing traffic in your little pos, larger vehicles that someplace to be should be allowed to clear traffic. This is a totally different issue anyway as is the MPD being worthless POS who dont have anything to do but harrass anyone they can find. Have you been harrassed by the MPD? I have. Several times. Know how many tickets I have? 0. Ever been interogated just because you went to Bashas at 5am and your the only vehicle out there?
Seriously, who really cares if someone parks in the street anyway? Is it really affecting you? Do you stay awake at night worried because there is a car in the street? Im not going to bother the MPD with our speeding issue. I may just follow certain drivers to their house and let them know that there are little kids that play in and around the streets and that they need to slow down. Its nice to see your more worried about who is parking where rather than the safety of the people who live around you. | |
Im the one speeding on the 347, move over or get run over! | |
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| | Bob J
Posts:117
| | 11/26/2007 4:53 PM |
Alert | Your feelings of self-importance are being shouted so loudly, I can't hear what you say to the contrary. Have fun on the 347 in your "Big Black Truck", it needs to be big to carry all of your self-importance. Park where you want, and as long as you want, you'll get your ticket eventually. As for the speeders, they'll speed as fast as they want, for as long as they want, too, since there seems to be no enforcement whatsoever, and that's the only thing that will slow them down. Meanwhile, some idiot speeding down the middle of the street will plow in to me or you because of cars parked on both sides of these narrow streets. Kids or no kids, they just don't care.
There was a house on West Alamendras that burned to the ground last year because the fire department couldn't set up their equipment properly and in a timely fashion, because of cars parked on both sides of the street. That's one reason for the parking rules, among others.
I drive the speed limit whenever possible, on the 347, and in the lane that I should be driving in. And, if you set your cruise control at 65, then you aren't passing me. (Unless you're in the 55 MPH areas, and then you would be passing me). | | | |
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| | sysadmin
Posts:127
| | 11/26/2007 5:02 PM |
Alert | | Oh the joys of HOA's. They were sold to us on the premise that they would keep the values of our homes up and bring people closer together as a community. What has really happened is HOA's do not keep the value of our homes up and they have pitted people against each other. The only good they do is provide some one "AAM and the like" with an income. I think the HOA's should go back to The Peoples Republic of California where they belong. It is my property and not theirs. I will park where I choose and landscape my yard the why I choose. | | | |
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