Motorcycling legal issue in IL - Help!

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doug rooney
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Re: Motorcycling legal issue in IL - Help!

Post by doug rooney »

Wow! Get out Kraig if you can or start working on the process. These "covenant" rules have always made me shake my head. Sold some wood one time to a guy in a Wi city who said it HAD to be in the garage. No woodpiles allowed outside. I thought that was bad and would never agree to live in such a place. Certainly no lawyer here so won't offer much in the way of advice but I would think you'd have a Looong legal battle on your hands if it says this in the contract. Is it worth it to you?? I doubt it but your call. This is Veteran's Day and this sort of crap is not why I "donated" my time. Sucks big time! Best of luck!
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tz375
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Re: Motorcycling legal issue in IL - Help!

Post by tz375 »

This doesn't help Kraig much, but this is an excellent example of "freedoms" where one group of individuals fight for their Freedom to live in a bubble and others have "choices" to live somewhere else. That is exactly teh same logic that certain groups were using at the elections last week.

When people start to get excited about Freedoms, we need to stop and think about who gets a choice and who gets shafted.

In Kraig's case, I doubt they can do anything about him owning a motorcycle because such a covenant would restrict his life in ways that are and should be outside the concern of the condo ass'n. They have a legal "right" to decide on who or what is allowed on roads within a complex which are owned by the body corporate.

Bottom line is what legal redress do they have? If they demand that he leaves, he can put his house up for sale for $1m unless the rule state otherwise. That way they can't get rid of him. So it tends to come down to what's in the words.
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Re: Motorcycling legal issue in IL - Help!

Post by ja-moo »

When I was looking for a house the realitor tried so show me some homes in "gated" communities, and I said hell no. I said show me some middle/lower middle class areas, and I would look for hot rods and motorcycles in the driveways. And I found I nice place where I fit in, and they don't call the cops when I am doing some jetting runs.

I do see the point of the housing associations though. It's usually part "snooty" and also part "I need my castle". As I get older I like to settle down around 8 or 9 pm. I stay up late, but don't want to hear lawn mowers, weed wackers, boom box tin can cars or loud motorcycles.

But without rules and fences, I don't care where you live, there will be at least one Harley guy with straight pipes that loves to blast down the street at 2 am coming home from the bar. Or rapping the motor out in the morning at 7am, or both.

So I can see why they have bans when they can get away with it. It may not be fair for the guys that don't have loud bikes, but a blanket rule is easy to enforce.

Loud V twins here have caused 2 or 3 new laws in my city. It's actually funny as now downtown they can get a ticket for revving their bike, and the cop are out in force, I love it!

I'm sorry to hear that you have found out after the fact, and hope you can work it out, or hide the bike.
Visiting from the "K" camp...........
KraigG
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Re: Motorcycling legal issue in IL - Help!

Post by KraigG »

I actually found a case back in 1993 that mirrors my predicament. No, I'm not in an HOA community, it's the MANAGEMENT that decided to ban motorcycles. For what reason, I don't know. Sure will be nice to find out when it gets to court, because, unlike some out there, I am NOT a "kool-aid" drinker. Sure, I knew about the rule when I signed up, but figured it was unconstitutional, and signed anyway.

If they try to get me evicted, or try to foreclose, will a judge really let a guy be forced out of his own house while on a waiting list for a double organ transplant? I didn't think so either.

Looks like I'll be joining the AMA for some legal muscle:
http://books.google.com/books?id=RfcDAA ... le&f=false" onclick="window.open(this.href);return false;
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wvc
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Re: Motorcycling legal issue in IL - Help!

Post by wvc »

KraigG wrote:Sure, I knew about the rule when I signed up, but figured it was unconstitutional, and signed anyway.
Whatever you do, don't say that in front of the judge. :ssh:
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cyclebuster
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Re: Motorcycling legal issue in IL - Help!

Post by cyclebuster »

If you own the house there is no law on earth that allows them to look inside your home, without a legal warrant, take it inside, and leave the garage door open a day or 2
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Re: Motorcycling legal issue in IL - Help!

Post by crash277 »

i dont see how they can tell you you cant have it in your garage. it would be a frosty day in hell when someone tells me my bikes cant be with me (unless the wife decides they have to go, then it will only be a luke warm day in hell).
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johnakay
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Re: Motorcycling legal issue in IL - Help!

Post by johnakay »

crash277 wrote: (unless the wife decides they have to go, then it will only be a luke warm day in hell).

what! :shock: the wife goes 1st :twisted:
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Re: Motorcycling legal issue in IL - Help!

Post by rbond »

I bet John, that you write on this board while your wife is asleep. If not, I do not understand how you are still alive! :D
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Re: Motorcycling legal issue in IL - Help!

Post by TLRam1 »

Keep us updated as the unfolds.
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Re: Motorcycling legal issue in IL - Help!

Post by johnakay »

rbond wrote:I bet John, that you write on this board while your wife is asleep. If not, I do not understand how you are still alive! :D

cause I wear these :wink:
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If I wanted to make a life-long career out of
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have opened a Harley Davidson Dealership
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tz375
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Re: Motorcycling legal issue in IL - Help!

Post by tz375 »

You may be fooling yourself, but you ain't foolin' us. :roll: :lol: :lol: :lol:
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Suzsmokeyallan
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Re: Motorcycling legal issue in IL - Help!

Post by Suzsmokeyallan »

:D :lol: :D :lol: :D :lol:
Two strokes, its just that simple.

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johnakay
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Re: Motorcycling legal issue in IL - Help!

Post by johnakay »

you know what guys I ain't fooling.
my wife tried years ago to stop me having a bike and also rough shooting(since given up shooting).
my answer to that was which would you rather have me do -, night clubs out drinking with work mates and friends .
or you know where I am in the garage working and fiddling with my bikes.
all bills,morgage,food bill are paid for by me,and I look after you and I do as I please with what is left of my money..I work for it .
you know that I love you and would never be unfaithfull to you.
the money you earn you do what you want with it ,what more do you want.
since that time she never ever question me.
and now she goes out with me on the back of my bikes and she loves it.
I told her before we got married what you see is what you get I won't change and never have.
any way I think I've said more than enough.
If I wanted to make a life-long career out of
working with the mentally retarded I would
have opened a Harley Davidson Dealership
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