Motorcycling legal issue in IL - Help!

[KraigG]

Hey all.

I just moved to a new house, and it turns out that the community I moved into has a ban on motorcycles. To me, that sounds unconstitutional. It's not "loud motorcycles" nor "off road motorcycles", but all motorcycles, no matter what.

I had my (new) GT750 brought over to my house this past weekend. This is a bike that hasn't run in 26 years, and may take a year to get running. So for now, it's a non-motorcycle. It has the potential to be a motorcycle, but for now, it's a collection of nicely assembled parts.

The manager of my community saw the bike being brought over, and saw me load it into my garage. He approached me, and asked what was going on. I told him that it was a non running bike, and he seemed fine with that, and shook my hand. Today, I get an official notice from him stating that I'm in violation of the rules, and will be dealt with severely if the matter was not addressed immediately. Meaning, they want it out of my enclosed garage.

Are there any lawyers on here that can advise me of my rights? Can they do this to all motorcycles? The State I'm in doesn't ban them, neither does the town. If a bike is legal, how can they do this? Seems racist (not sure what else to call it) to me.

Any ideas?

[tz375]

Kraig,

I have no idea as the the legal situation with your rights versus other home owners rights. The AMA has been involved in a few of those fights as I recall but I don't remember what the outcome was.

I would imagine that the best way would be to change the ordinance and that will take a lot of persistence to determine who is the problem and why. One way to approach it is to meet as many people as possible and to attend the next condo association meeting and get to know the players.

The next step is to determine what their fear is. Do they fear noise or lots of bikers partying all night or? What is it that the really don't want to happen. Then you'll have to show them that existing state laws safeguard their rights and that they don't need a no motorcycle law to add to the mix.

Or you just get out of Stepford and find somewhere to live with normal people. Personally, I would not live in a place that has those sorts of rules. I realize that we're not all the same though and maybe your situation may not make that easy or possible.

[KraigG]

Teazer:

I managed to get into an over 55 community, though I'm a few years away from that age

I was a little short on cash, and therefore unable to spend $200k or $400k on a house in a decent community in Gurnee, so I bought a place for under $60k between Waukegan and Gurnee. I was pleased that it was only 7 years old, and had a 2 1/2 car garage, so I took it. The only reason for me coming back to Illinois in the first place was to be close to Rush Hospital, where I'm on a kidney/pancreas transplant waiting list. Trying the make the stay here as pleasant as possible, and not realizing that I've run into a bunch of overzealous rednecks.

That being said, what are my rights as a motorcyclist? Do I have to just suck it up, and get my non-running Buffalo out of my own garage? Or do I have a legal leg to stand on, and will a group like ABATE do other work besides the helmet laws?

[TLRam1]

Sounds like you are dealing with a HOA, Home Owners Association, and upon signing documents you may have agreed to this without knowing it. In Texas these are hard to get by though some have fought them and won, overall, pretty binding in court.

Some ban RV's from the neighborhood, boats, etc. Some of this I understand, you don't want a concrete trucked out front of your house on a regular basis or a large RV taking up quarters out front. If it's a street legal regular sized vehicle than the associations have gone too far.

Not sure if this is the case but one guy just bought a new 28-33,000 dollar truck, now what is he suppose to do....

Some in Texas have banned trucks in the driveway, not sure of the outcome.
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[KraigG]

Terry:

No HOA, just the over 55 community's management. I can understand the truck, boat or RV issue. But my bike is in my garage, and out of sight from anyone and everyone. It makes no noise, and is bothering no one.

What is my argument? Can this issue affect everyone in the motorcycle community? Certainly!

Kraig

[Barry S.]

Put it in your house and show them the empty garage and then tell them to kiss your ass.

[crash277]

Put it in your house and show them the empty garage and then tell them to kiss your ass.

damn right!!

and that guy with the F150, thats crazy. its comunism.

[Suzsmokeyallan]

This sort of thing sounds really good to those enforcing the rules, that is until a rule is made that they dont like, by then its way too late. Call it controlling interests, communism or just stupid people making up stupid rules.
Kraig put the bike inside the house as Terry says for now, in a location where it cant be seen by looking in from a window, and let them "kiss their own a**" or maybe they have a rule for that already.
So an F150 is not good enough now, well ok will a 350 be acceptable then, heck just put some Lincoln badges on it if it will drive home a point.

[tz375]

Kraig,

I'd start with a copy of the HOA rules that you supposedly signed when you bought the place. That will give you an oversight of what teh rules are and what the consequences are of breaking those rules.

Then I'd check with the AMA legal dept.

I suspect that they are allowed to have a rule that says no bikes ridden through the area but they cannot stop you from owning them. What if you collect old Motorcycles for investment purposes. The ownership can't be the issue but riding them could.

But start with the facts. If they are a PIA to read, shoot me a copy of I'll meet you for coffee and we can go through them. Can I ride my RZ up to your place or would the full moon be more suitable? PM me a phone # if you want a second pair of eyes to read through that crap.

[Digger]

Just amazing.
Land of the free?

Is this a general covenant in action then?

TZ's offer of help is very nice to see, but I am truly gobsmacked as we say in these parts.

[crash277]

does that mean if you have friends come over for a bbq (if bbqs are allowed).. and they own motorcycles, they wont be allowed to ride them to your place??

[oldjapanesebikes]

Just amazing.
Land of the free?

Like its starting to be up here in the frozen north, I think its more like 'Land of the Lawyers'

[H2RICK]

This whole thing of condo associations and their "rulebooks" is waaayyy
out of hand, IMO. They think their little piece of land is in a bubble and totally isolated from the rest of the world, law-wise.
Quite honestly, I would NEVER live in such a place UNLESS I read through their "rulebook" line by line before signing on the dotted line.
Heck, what's next ?? No unsightly pine air fresheners hanging from your car mirror ?? Can only have popcorn on Tuesday nights between 8 and 9 PM and then only if you're watching Dancing With The Stars ??
Those little Hitlers need bringing up sharply, IMO.
Good luck getting this all sorted out, Kraig.

[Suzsmokeyallan]

Now I know why its nice to have some land around you, if these laws continue anyone who owns a boat, some bikes or a truck will be forced to live on an acreage just to keep them.
Somethings are downright silly for no apparent reason. Case in point, theres a few places where two ton restricted roads are sign posted on the island, and I've often wondered how will someone who owns a vehicle thats above the set limit get home if they live in that same area.
I can imagine a 'save the planet law' that might be coming soon where the DOT decides, ALL vehicles over ten years old be scrapped or not allowed insurance or licenses to be used on public roads.

[Scorch]

Wow, time to move already. That's bad. Which community is this?