Anyone in here with legal experience ??

AUB · Feb 27, 2006

Have a question regarding a Home owners assoc.

I have a 16 foot enclosed trailer that I use for business everyday that I park in my driveway at night.

This is the letter I received for Home Owners Assoc.

It has beeen brought to our attn that you are in violation on Convenant #19

19) Equipment and Vehicle storage. No boat, boat trailer,camper,motor home disabled vehicles or any similar items shall be stored on or at any lot for a period of time in excess of twenty-four hours, unless the same arwe housed in a garage.

We ask that you come in compliance with your neighborhood plat restriction immediately, so that no further action will be taken.

I have had this at my house for twelve yrs with no complaints.
Considering I move my truck and trailer everyday to job sites I cant see that violating the 24 hr rule.

What further action can a Home owners assoc. take against a homeowner?

Thanks for any legal advice

viking611 · Feb 27, 2006

you might've had it there and nobody complained.....only takes one complaint to have them enforce their rule. Some associations won't let you park your van there if it has a ladder rack on top. I'm sure one of your neighbors probably brought it up.

whalewager · Feb 27, 2006

they got u by the curly boy...

but I would still drag it out in court if you have the money....and while its in court...add something else out there....

u can always claim that you hear black helicopters and your boat protects you at night from them.

i do things intentionally to piss my neighbors off...its a hobby

WCBias · Feb 27, 2006

You might be able to challenge the legality of the request if you can prove your RV has been parked in the same place for 12 years, members of the current and previous board were aware of this, and they have never enforced the rule

whalewager · Feb 27, 2006

if nothing else...u can drag it out...thats the fun of the whole deal...

when u lose...u can park it at my trailor

daringly · Feb 27, 2006

you have two different defense. First, you can claim an "adverse easement". If you can prove (or at least argue) that this trailer has been in your driveway openly for the last 12 years, you have a chance.

Your obvious second defense is that you aren't storying it - as long as you move it every 24 hours.

whalewager · Feb 27, 2006

find the head of the POA and give him or her a little sumpin sumpin....

bribery dude

SecondSamurai · Feb 27, 2006

unless you work 7 days a week, they could get you for the weekend / holiday thing. you might want to consider moving it even on days when you don't work, if only for an hour or so. make sure you have times, dates, etc. recorded on when the trailer is not parked in your driveway so that you can shove it at them when they make their next complaint. if you do, indeed, move it daily and if you quoted the agreement verbatim, sounds like you are in compliance to me.

Buster · Feb 27, 2006

have been on the bod at my association for 10 years and i can say we have never lost a case and to top it off the 3 times we went to court(notice only 3 times in 10 yrs.because most know they will lose as the rules are clearly stated) the homeowner also had to pay our court costs.

however it is in writing that it cannot be there 24 hours. the problem you have now though is anytime it is 1 minute over 24 hrs. they will be on you like flies on shit.and our association can levy fines of up to 150.00 per occurance after homeowner has been notified of infraction. do you work 7 days per week??

and i can also say some (me included) let things slide a little,if no harm no foul. but my best guess(and i will say i am probably 100% right) someone has moved in recently and brought this up. the association HAS NO CHOICE BUT TO ENFORCE THIS as they can also be sued.

right now is tough in the association game as home values are not living up to expectattions and people look to every little thing to find the problem

AUB · Feb 27, 2006

buster said:
have been on the bod at my association for 10 years and i can say we have never lost a case and to top it off the 3 times we went to court(notice only 3 times in 10 yrs.because most know they will lose as the rules are clearly stated) the homeowner also had to pay our court costs.

however it is in writing that it cannot be there 24 hours. the problem you have now though is anytime it is 1 minute over 24 hrs. they will be on you like flies on shit.and our association can levy fines of up to 150.00 per occurance after homeowner has been notified of infraction. do you work 7 days per week??

and i can also say some (me included) let things slide a little,if no harm no foul. but my best guess(and i will say i am probably 100% right) someone has moved in recently and brought this up. the association HAS NO CHOICE BUT TO ENFORCE THIS as they can also be sued.

right now is tough in the association game as home values are not living up to expectattions and people look to every little thing to find the problem

Thanks for the responses all.

I do work seven days a week although they are not all full days. Generally 50-60 hrs per wk.

Really just got under my skin getting that letter this wknd. The equipment and supplies in my trailer are worth quite a bit of money. That's my main issue right now. Concerned about theft if I leave it on location.

May have to challenge this. Just wondering if it would be worth the legal fees.

aceduecetrey · Feb 27, 2006

Cape Coral FL, whose property values are up over 200% in the last four years, has the same law and I think it is the best thing every community can do. I mean who wants to look at some trailer parked in the neighbors driveway. (no matter how nice)

Buster · Feb 27, 2006

AUB said:
Thanks for the responses all.

I do work seven days a week although they are not all full days. Generally 50-60 hrs per wk.

Really just got under my skin getting that letter this wknd. The equipment and supplies in my trailer are worth quite a bit of money. That's my main issue right now. Concerned about theft if I leave it on location.

May have to challenge this. Just wondering if it would be worth the legal fees.

I HAVE TO HONESTLY TELL YOU NO.THESE FEES GET REALLY HIGH AND BY THE TIME YOU GO TO COURT YOUR FINES WILL ALSO BE ADDING UP EACH DAY.MY VERY FIRST TASTE OF THIS CAME AT THE EXPENSE OF A GUY THAT ENDED UP PAYING OVER 10 GRAND FOR WHITE WINDOWS! ONLY TO HAVE TO TAKE THEM OUT.NOTHING GOOD WILL EVER COME FROM THIS.AND I CAN ALSO HONESTLY SAY MYSELF,I WILL NEVER LIVE AT ANOTHER PLACE THAT HAS AN ASSOCIATION.THE ONLY REASON I STAY ON THE BOARD IS IN ORDER TO KEEP UP WITH THINGS.

DON'T DO IT.RENT YOU A SPACE IN A FENCED IN LOT FOR ABOUT 100 BUCKS A MONTH. IT WILL BE CHEAPER IN THE LONG RUN. JUST PASS ON THE COST A LITTLE TO EACH CUSTOMER (5 BUCKS OR SO AT A TIME) AND FOR GOODNESS SAKES GET SOME INSURANCE HEHEHEHEHEHEHEHEHHE

Buster · Feb 27, 2006

AUB said:
Thanks for the responses all.

I do work seven days a week although they are not all full days. Generally 50-60 hrs per wk.

Really just got under my skin getting that letter this wknd. The equipment and supplies in my trailer are worth quite a bit of money. That's my main issue right now. Concerned about theft if I leave it on location.

May have to challenge this. Just wondering if it would be worth the legal fees.

i also know what kind of feeling you must have gotten when you got the letter.it is a pissed off feeling,but seriously don't take it personally.it is something they had to do.a good thing for you to do is go to the next meeting and apologize and you will make many friends!!!!!!!!! i guarantee it

BAGIANT · Feb 28, 2006

Being in the attorney service field, I can tell you I do a lot of process serving in California regarding Homeowners Assn. rules and regs. I would say, that if you are moving your trailer out of your drive before 24 hours, you'd have a good case against them. Naturally you would also have to move the trailer on the weekends also. However, if they've allowed you to keep the trailer there for 12 years, you might argue that the trailer has been "grandfathered" in because of the amount of time it's been there without anyone saying anything. That being said, I would consult an attorney to find out exactly what the rules and regs are concerning your situation. And make sure it's some sort of attorney that deals in real estate matters.

As another option, I noticed that one of the rules said that the vehicle could be "garaged". If that's true, you might consider getting one of those canvas type carports that will cover your trailer and be out of sight of the neighbors. Whether or not this is an option should be discussed with your homeowners assn. Whatever you do, don't get defensive or argumentative about this as you might have some other owners on your side and will fight for you at the meetings.

These associations can be a pain in the butt, and I had a battle with one of them when my dog had pups. Because of one jerk complaining about my dogs, they started fining me $500 a month until I moved!

PatPatriot · Feb 28, 2006

I have had this at my house for twelve yrs with no complaints.
Considering I move my truck and trailer everyday to job sites I cant see that violating the 24 hr rule.

I agree with the above post.(stuckinvegas)

thats past practice and a precedent has been set....appeal

DrunkenHorseplayer · Feb 28, 2006

Sounds like you've got a case if you're not parking it there 24 hours at a time. If you want to give them a little taste of their own medicine I would suggest starting to hang your laundry out to dry on a line in your yard; this enrages most HOAs but most states have laws on the books allowing you to use solar energy in lieu of electrical energy, making the HOA rules invalid. You could then use the laundry as a bargaining chip to keep your trailer parked where you want.

WCBias · Feb 28, 2006

Belch One said:
Sounds like you've got a case if you're not parking it there 24 hours at a time. If you want to give them a little taste of their own medicine I would suggest starting to hang your laundry out to dry on a line in your yard; this enrages most HOAs but most states have laws on the books allowing you to use solar energy in lieu of electrical energy, making the HOA rules invalid. You could then use the laundry as a bargaining chip to keep your trailer parked where you want.

Also, go down to your local demo yard and buy an old 74 station wagon. Throw the bitch up on risers in your front yard and pull off a couple of tires for the kids to play with.

I rememeber a few years back that a family painted their house pink or purple or some god-awful color to protest...I'll see if I can find a link.

j-saul · Feb 28, 2006

I agree with the commitee ....get the shit box out of there!

AlwaysKeen · Feb 28, 2006

dude, my HOA is a pain in the ass...this summer I had to stain my fence again because some old people walk around and check for crap...it's BS...

j-saul · Feb 28, 2006

Majority rules. Either they are legit or you're too lazy to go to the comittee.

Anyone in here with legal experience ??

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