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KateS (Connecticut)
Posts: 4
Posted:
the hoa board passed aroung a new rule stating that all rv's, boats, utility trailers are not to be parked on your site. rv's are allowed 2 days before and 2 days after a trip.

now the board said that if your grandfathered in you can stay, and all of those who live on the outside perimeter of the park and keep it. "if you can hide it, you can keep it" all others have to go.

Isn't a rule a rule?? no where does it say, if you can hide it you can keep it on the CCR's
Also, next door neighbor has an expantion joint business in his shed. Board said he doesn't need a business license or bs insurance.

Our CCR's says no business's are allowed. Members have complained, but he cries "no money"
he makes them for his son in law's business in westboro ma
PeterD3 (Florida)
Posts: 708
Posted:
What state are you in?

Was there a meeting held... some states require meetings to be hald when the proposed 'rule' affects the use of private property (as opposed to common areas).
KateS (Connecticut)
Posts: 4
Posted:
our mobile home park is in ct we are all owners. no meeting was held. the only meeting was with us
the president gave us permission to keep it on our site 2 weeks before a trip and one week after we return. our neighbor is allowed to keep his in his driveway, because he is grandfathered.

the are six people who moved in with this rule after 2005 including us that said no rv's boats or utility trailers to be parked in the driveway. we are the only one who complied.

now because the president didn't clear it with the board, the board said ours is only to be parked 2 days before and 2 days after.

everyone else's can stay, if they can hide it.

we have contacted our attorney for discrimination.
PeterD3 (Florida)
Posts: 708
Posted:
Thats the best thing to do. I can't help with Ct mobile parks.
JadeyC (California)
Posts: 6
Posted:
Kate, I am in California so rules may be different, but was told that although our CC&R's state that an RV, boat, trailer cannot be parked in the driveway, only in a covered carport, our city code enforcement overrides the CC&R's; meaning we can park in our driveway, so long as the vehicle is on your property, with valid registration and wheels curbed accordingly. You may need to check code enforcement in your city/state. We went to see the fire marshall and also the police department as well. Hope this helps.
TimB4 (Tennessee)
Posts: 21,047
Posted:
Kate,

I am not an attorney and I do not work in the legal profession. I've looked over CT statutes and found nothing that would relate to your situation.

In general, I suspect that you must comply with the restriction because it was already in place when you purchased. However, the Board may not selectively enforce this just on you. If there are others who are not grandfathered who are not having this rule enforced on them you may have something to challenge. However, the end result might just be that the Association enforces the rule on all those who purchased after the rule went into effect.

Since you contacted an attorney, and if you care to share, I'd be interested in knowing their advice on the issue.

Sorry I couldn't be of more help.

Tim

EllieD (Vermont)
Posts: 446
Posted:
KateS,

You wrote that the Board recently adopted a RULE.

Did the owners have a chance to review and comment on this Rule before it was adopted? And did they also adopt procedures for enforcement of the Rule?

Could you post the exact wording of the new Rule you are referring to?

I do not live in Connecticut – but I just looked at what I think is the latest Statute. However, I do not know if this Statute also applies to Mobile Home Parks.

So, for what it is worth here if what I found: (caps added)

(31) "Rule" means a policy, guideline, restriction, procedure or regulation of an association, however denominated, which is adopted by an association pursuant to section 35 of this act, which is not set forth in the declaration or bylaws and which governs the conduct of persons or the use or appearance of property.

Sec. 34. (NEW) (Effective July 1, 2010)

(a) At least TEN DAYS BEFORE adopting, amending or repealing any rule, the executive BOARD SHALL GIVE ALL UNIT OWNERS NOTICE of:

(1) Its intention to adopt, amend or repeal a rule and shall provide the text of the rule or the proposed change; and

(2) a date on which the executive board will act on the proposed rule or amendment after considering comments from unit owners.

(b) Following adoption, amendment or repeal of a rule, the association shall notify the unit owners of its action and provide a copy of any new or revised rule.

(c) Subject to the provisions of the declaration, an association may adopt rules to establish and enforce construction and design criteria and aesthetic standards. IF AN ASSOCIATION ADOPTS SUCH RULES, THE ASSOCIATION SHALL ADOPT PROCEDURES FOR ENFORCEMENT OF THOSE RULES and for approval of construction applications, including a reasonable time within which the association must act after an application is submitted and the consequences of its failure to act.

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