HOA ‘moderately severe body damage’ vs Patina Ford truck owner-foreclosure

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greymouser7

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CHESTERFIELD, Mo. (KMOV.com) - Andy Lipka loves classic cars. One of his latest obsessions is his 1965 Ford F250 pickup truck.

It still runs well and in Lipka’s opinion, it’s pretty close to perfect.

As he explained, “It reminds me of the truck I grew up in with my dad.”


Not only does Lipka love the way it drives, he likes the paint job. As he describes, “It's not damaged, it's the way the finish has evolved over the years.”

His homeowners association (HOA) hates it. So much so, they are suing him. The bylaws of the HOA in his Chesterfield neighborhood state vehicles with moderately severe body damage can't be parked in the driveway. But Lipka says his classic truck does not have body damage.

Lipka told News 4, “Its original Ford paint from 1965, it’s sought after now.”

In the car world, it's known as a patina finish and car experts say it’s a rising trend.

Noah Alexander owns a classic car studio in St. Louis and is also the face of a nationwide show shot from his shop called ‘Speed is the New Black.’ Alexander says some clients specifically request the patina finish.

He says, “I think it's very popular now and becoming more popular.”

But in Lipka's case, beauty is in the eye of the beholder when it comes to the Woodfield Homes Association in Chesterfield.

He parks his truck in his driveway because his garage houses two other vehicles. He's been assessed nearly $3,000 in penalties and fines, and is facing a very serious threat.

Lipka says the lawsuit, “Also implicates my house. They want to foreclose on my house.”

If the fines aren't paid, the HOA will seek foreclosure. Lipka has filed a countersuit.

He understands the benefits of an HOA and rules that prohibit parking cars with flat tires or ones that are inoperable outside, but he feels this has gone too far.

Missouri State Representative Bryan Spencer represents rapidly growing Wentzville where new neighborhoods and new HOAs are sprouting up. Spencer says he goes to “60 to 80 HOA meetings a year, they are my number one district concern.”

He says he's tried to introduce legislation that would curb HOA power in Missouri but the plan fell apart in Jefferson City.


“I've worked on legislation, a Homeowners’ Bill of Rights, which has gone nowhere because of lobbyist efforts. (It would) let you make decisions about your property that you bought, give property rights to the owners,” said Spencer.

News 4 reached out to the president of Lipka's HOA but did not hear back. But an attorney for the HOA stated, "The association is asking the court to enforce its covenants, which Lipka agreed to follow and was aware of prior to purchasing his home."

Lipka says he's not aware of any covenant that prevents the truck from being parked on his property.

The attorney goes on to say, "Mr. Lipka is not being singled-out, and the association and neighbors made numerous attempts to reach a resolution."

Lipka, a combat veteran, says this is a battle unlike any he's fought before.

“They say combat creates clarity, this is different there is no clarity here,” he said.

If a judge decides in Lipka's favor, the fines and associated threat of foreclosure will go away.

According to the Community Association Institute, in Missouri there are more than 1,090,000 people living under the rules and regulations of a HOA.

In Illinois, there are 3,750,000 people living in neighborhoods governed by an HOA; 1090,000 in Missouri governed by HOA.
 
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I think a local rat rod club should do a cruise and stop there for a afternoon rest break
 
I don't know how anyone could agree to live in a HOA. I don't see much body damage on that truck. Mostly just worn paint. It's running, driving ,registered and Insured so I don't see where the issue is. Wonder what asshole neighbor complained about it.
 
HOA's have their place but most times a bunch of big headed a -Holes get elected to the Board and go on a power trip.We have a great HOA here where I live but if some numb nuts want's to get elected we make sure they don't. Don't see a thing wrong with that Pickup
 
Read the fine print. Not a damned chance I want anyone else making decisions about my residence. I got a wife and MIL that do that just fine.
 
Why people willing accept these BS HOA rules and move into to these subdivisions is something I will never understand.
 
Chesterfield is full of people that think they are above everyone. All that use to be there was a prison and some farmland in a flood plain. 1993 flood wiped that out and the corp of engineers built a bigger levee. With that came expensive houses and this kind of crap.
 
It's like someone buying a condo and then squawking about the condo fees lol.
What is wrong with people?
They signed, so suck it up or start your own commune.
Why people willing accept these BS HOA rules and move into to these subdivisions is something I will never understand.
 
It's all on him. He signed on the dotted line when he moved in and now he's cryin. This is why I live out in the county. I can pile dog crap up on the front yard and nobody will ever see it because there's 500 feet of woods between me and the road. He should have had more foresight.
 
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I agree I live out in the sticks on 20 acres. Hell tonight I was outside drinking coffee in my underwear, not a soul came by.
 
I agree I live out in the sticks on 20 acres. Hell tonight I was outside drinking coffee in my underwear, not a soul came by.

Ok that's not a picture I needed to invision, but I get your point. lol Now I gotta unsee something I never saw. That's the hardest thing to do.
 
Vague description/rule and when you write a "contract" as the writer in general, you do not get the benefit of a ruling when a question regarding specifics arise. You had the opportunity to clearly define the rule. Any ambiuous/vague language is usually ruled to the benefit of the homeowner.

Most of the time, hoa's a are fairly limited in the scope of these restrictions to registered, insured and operational. Tough to legislate "damage" especially as the article describes. According to the hoa rule, the "Statue of Liberty" is severally damaged! :)
 
Ok that's not a picture I needed to invision, but I get your point. lol Now I gotta unsee something I never saw. That's the hardest thing to do.
I figured I'd get a reply out of you like this. Whats the matter? I'm just 300 pounds of twisted steel and sex appeal!
 
I figured I'd get a reply out of you like this. Whats the matter? I'm just 300 pounds of twisted steel and sex appeal!

Well.....if that's what "she" thinks, that's all that matters, right?
 
Vague description/rule and when you write a "contract" as the writer in general, you do not get the benefit of a ruling when a question regarding specifics arise. You had the opportunity to clearly define the rule. Any ambiuous/vague language is usually ruled to the benefit of the homeowner.

Most of the time, hoa's a are fairly limited in the scope of these restrictions to registered, insured and operational. Tough to legislate "damage" especially as the article describes. According to the hoa rule, the "Statue of Liberty" is severally damaged! :)

Yup, I agree with the registered, insured and operational. Hopefully if it gets to that point they rule in his favor. Still though, no way would I ever move in where an HOA exists......or covenants or the like.

He has a cool old truck too.
 
I agree I live out in the sticks on 20 acres. Hell tonight I was outside drinking coffee in my underwear, not a soul came by.

I used to do that when I lived downtown, and it had the same appeal...zero
 
Here in San Antonio and even the small towns around here it is damn near impossible to find a house that does not have an HOA. It sucks, there are about 5 or 6 in the neighborhood that have classic cars 2 of which don’t even run but look OK.
My ex neighbor was HOA President and I worked on the car car late on a Sunday night and did not push it back in garage, was painted only thing missing was the motor. I got home from work on Monday and had a citation for an inoperable vehicle in the driveway. After that I worked on the car every night and did some metal work with grinder and air tools for 6 months straight until 10:00 pm. (That’s when the noise ordinance kick in)
He called the police about six times, which they just told me to make sure I stop at 10 o’clock. He finally moved out. There’s nothing more awakening than open headers at 7:30am. My garage was right next to his bedroom.
 
All I say is careful what you ask for.
I might just go find some cheap Honda and paint it the most awful scheme and colors but make sure there isn't a ding and it shines.
Or have and airbrush artist paint bullet holes and cut marks (no decals).
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Alan
 
I’ve lived in HOA areas for 20 years now. Last one got me a couple warnings about leaving the race rig parked on the street over 24hrs. New digs for the last 6 I have enough side yard and garage for that to never happen. I like living in a “nice” well kept area. The pickup in question would fly here no problem..... unless it’s sitting in the drive on flat tires and outdated plates.
 
I'd keep it in garage anyways, too nice to let sit outside....cause I'd be up every Saturday tinkering on it listening to old music in the garage. Probably has nicer classics in the garage though... HOA are always retired bunch of complainers who wanna feel elite and powerful. All just sweater wearing chuds, most of'em at least.
 
Unfortunately out here in west AZ neighborhoods without them often look like crap. Seemed to be a different set of standards where I grew up in the plains....
 
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