Residency by law

GeorgeW (New Hampshire)
Posts: 9

Posted:

I am on the Bylaw committee for our HOA. Our by laws say we can not use our lot for a permanent residence .I have a house in another town where i vote register my car and my mail address .Our by laws do not state on how long we may use our lot for a given time.I choose to spend extended periods of time at my lot [Park Model trailer ] The board of directors is suing me and trying to evict me off my own property along with 2 other lot owners .This is costing me thousands .I have counter sued .My Question is can i recoupe my leagal fees from the association and do they have the right to do this to me . I feel that i should have the use of my lot for as long as i want or until the bylaws are ammended stating we are restricted to the time we are allowed to use our lots . ThanksGeorge

GeorgeW (New Hampshire)
Posts: 9

Posted:

I am on the Bylaw committee for our HOA. Our by laws say we can not use our lot for a permanent residence .I have a house in another town where i vote register my car and my mail address .Our by laws do not state on how long we may use our lot for a given time.I choose to spend extended periods of time at my lot [Park Model trailer ] The board of directors is suing me and trying to evict me off my own property along with 2 other lot owners .This is costing me thousands .I have counter sued .My Question is can i recoupe my leagal fees from the association and do they have the right to do this to me . I feel that i should have the use of my lot for as long as i want or until the bylaws are ammended stating we are restricted to the time we are allowed to use our lots . ThanksGeorge

BrianB (California)
Posts: 2,820

Posted:

a judge would determine if you can recoup legal fees. THere aren't enough facts in evidence here to make much of a guess, but I would venture that you won't get your money back. Typically, the judge would give you recourse if the lawsuit were frivoulous or intended to harass, and it seems that the board has some legitimate concerns.

There may not be a solid definition of "permanent" in place, but a court would allow for an "average" man definition when adjudicating whether this was frivolous or not. And i would think, as an average man, that someone who spent more than 4 days a week, or more than half their time in a month or year in one place would make that place their "permanent" residence.

That's not to say that will be the legal definition: just an average thought. But a judge would likely use something like that to decide if the board were acting within their rights or not.

SwanB (Washington)
Posts: 199

Posted:

In our County full-time and/or part-time residency is determined by and allowed by the septic system capability. This is where I would start. The house I purchased in our HOA is large enough for me to live there full-time but has three bedrooms and two baths and if it was filled to capacity full-time, the septic system would have to be upgraded for that purpose.
However you stated you were using a park model trailer which is designed for temporary living anyways and is relatively small, right? Most park model trailers hook up to the utilities but fall under 400 square feet. Do you have a septic system on your lot?

GeorgeW (New Hampshire)
Posts: 9

Posted:

Yes i am hooked up to a septic .Shared with 2 other lot owners .Some lot owners spend as much time as 7 months out of the year here .Then they go to Florida for 4 to 5 months .Yet they have a Residence some where else.They have their cars registered and PO boxes for mail .

GeorgeW (New Hampshire)
Posts: 9

Posted:

Yes i am hooked up to a septic .Shared with 2 other lot owners .Some lot owners spend as much time as 7 months out of the year here .Then they go to Florida for 4 to 5 months .Yet they have a Residence some where else.They have their cars registered and PO boxes for mail .