Get 2 months of free community web site hosting from Community123.com!
Monday, August 26, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: CC&Rs Interpretation
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
JohnH38
(South Carolina)

Posts:71


07/16/2019 9:04 PM  
Our CC&R's state black on white: “ ... motor homes, campers, camper trailers, boats and other watercraft and boat trailers shall be parked only in enclosed garages or areas, if any, designated by the Board of Directors.”

The Board decided the “areas” could be the owners' driveways and enacted a rule that allows owners to keep all of the above on their driveways up to five days. The CC&Rs doesn't say "or enclosed areas."

My opinion: No driveways are "enclosed" in our development. What the CC&Rs refer to is an enclosed or fenced area for boats, campers, trailers &c. like in another development. There owners are allowed 2 hours on their driveways that is deemed sufficient to load/unload their crafts and afterwards have to store them in the "enclosed" fenced area provided for which they have to pay for. Our board could install an enclosed/fenced area by our gates, instead they designated owners' driveways and ergo our development now looks like a junkyard.

Is the board stretching or gaming the letter, spirit and intent of our CC&Rs?

Your opinion is welcomed.
SueW6
(Michigan)

Posts:531


07/17/2019 4:47 AM  
It’s a poorly written sentence, but it seems the board has defined the “or areas” as being a driveway.
CathyA3
(Ohio)

Posts:339


07/17/2019 5:57 AM  
I agree, it's ambiguous and can be interpreted different ways. The language will make it difficult to enforce the restriction consistently, and would likely be a constant source of frustration and conflict between the board and other owners. The board could make the case that the cost to the association in terms of effort and dollars of enforcing the restriction, and the conflicts resulting from it, would outweigh the benefits - and thus make a business decision to not try to enforce.

If my community's CC&Rs read that way and parking had become a major issue for us, we'd run it past our attorney and see what he says. I'd want to know if the board could approve a policy that clarifies the restriction, or if it would need to be amended. (We had a poorly written restriction in our docs, and we passed an amendment to clarify things.)
AugustinD


Posts:1886


07/17/2019 7:34 AM  
In my opinion, the Board is in compliance with the CC&R, and its decision is fair and reasonable. Furthermore, if push came to shove, I think a court would say the five-day limit is unreasonable and instead, there should be no time limit.
KerryL1
(California)

Posts:6541


07/17/2019 1:27 PM  
The O.P wrote: "...shall be parked only in enclosed garages or areas, if any, designated by the Board of Directors.”

It does seem ambiguous at first glance because "enclosed" doesn't precede "areas." But if we removed "in enclosed garages or," the sentence would be, "...shall be parked in areas, if any designated by the board..." And that does'nt make sense at all--the word "areas" is way too vague.

It looks to me like such items can only be parked in enclosed areas or garages. But it doesn't preclude "enclosing" an area in a driveway, unless the documents say something else about driveways.

My sister & spouse moved to Bend, OR to enjoy an outdoor life but they have no boats, RVs, etc. and hated the appearance of many HOAs that looked like, yes, in her words, junkyards. They bought in a new HOA that specifically forbids any parking of numerous kinds of vehicles, boats, etc., in driveways except for about 3 days for residents to load/unload them. She and other neighbors watch certain properties very closely and immediately report violators to the MC. They want what their documents promise them.
JohnH38
(South Carolina)

Posts:71


07/17/2019 3:18 PM  
Some of your relevant comments helped me write the following to my board of directors:

Article VII (USE RESTRICTIONS), section 14, on prohibited vehicles clearly states they "shall be parked only in enclosed garages or areas, if any, designated by the board of directors. Unlike and that have boat ramps and fenced areas to park the stipulated vehicles, my POA does not (meaning of if any!) and allowing owners to park them on their driveways is in reckless disregard of section 14 that clearly stipulates/implies they have to remain unseen (enclosed).

As an aside, motorcycles are allowed in and , but not in my POA. The motorcycle rules that were voted unanimously by our POA board are also in reckless violation of Art. VII, section 32, Prohibition of Motorcycles. The Declarant has never given a single written permission to tow and garage motorcycles our POA. Prior to the vote, the board polled the residents on this issue and over 70 % opposed allowing motorcycles.

Until 2025 only the Declarant is allowed to amend the CC&Rs, the two above board rules have to be rescinded for the good of our community.

Could you kindly include both items on the agenda of the next meeting for review and comments.

The «if any» is the crux. The developer and/or the board has not provided the development with a fenced area for the prohibited vehicles, mostly boats and trailers, as in the two other developments and ergo our board is unable to designate an area.

Thanks
KellyM3
(North Carolina)

Posts:1418


07/17/2019 7:54 PM  
I tend to think that the board of directors is in compliance by enacting the new parking rules for a five-day grace period. However, the rule is subject to being overturned by future boards whereas the base mandate of using enclosed garages is baked into the covenants.

Clearly, however, the board of directors needs to create a space for boats and trailers as the development clearly wasn't designed to accommodate boats in driveways (or there wouldn't be an explicit covenant).
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > CC&Rs Interpretation



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement