KarenS1 (Massachusetts)
Posts: 5
Posts: 5
Posted:
Anyone here belong to a year round campground ownership park? We have our association and bylaws and are having some issues.
Thanks,
Karen
Thanks,
Karen
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Newbie here, yearround camp ownership park...
Started by KarenS1 • 15 replies • 1859 views
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hoatalk (California)
Posts: 599
Posts: 599
Posted:
May I suggest you post your specific issues and questions? This will get you more replies.
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KarenS1 (Massachusetts)
Posts: 5
Posts: 5
Posted:
Our board of directors have the right to fight for the best interest of our association. We are having "residency" issues where some say that people are living here but yet they have legal residences somewhere else. We cannot have a primary residence here. It is forbidden by the state and town.
Do I have a right to oppose the lawsuits? If brought to a board meeting, can the body vote to stop the lawsuits?
Do I have a right to oppose the lawsuits? If brought to a board meeting, can the body vote to stop the lawsuits?
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Karen, you ask "Do I have a right to oppose the lawsuits?" The answer is obviously yes. The question is: what law suits and by whom?
I'm not clear on what you mean by "If brought to a board meeting, can the body vote to stop the lawsuits?" If an association intiates a law suit through their Board, the members could vote to try to drop it. If the association is the defendant their Board may be able to stop it by reaching a settlement.
I'm not clear on what you mean by "If brought to a board meeting, can the body vote to stop the lawsuits?" If an association intiates a law suit through their Board, the members could vote to try to drop it. If the association is the defendant their Board may be able to stop it by reaching a settlement.
KarenS1 (Massachusetts)
Posts: 5
Posts: 5
Posted:
the board, i guess on our behalf decided to start a suit against pepole they say live here. I guess because they are our elected officials they can start this without presenting it to the body for vote. It is impossible to prove residency since the town does not allow it. the lawsuits are getting in the 20 thousand area if they continue. some of us would like to stop it because it will deplete our capital reserve and cost all of us way to much money.
they have residence elsewhere but spend a lot of time up here. which most people don't have a problem with.
This is why I would like to make a motion to stop all lawsuits.
Thanks,
Karen
they have residence elsewhere but spend a lot of time up here. which most people don't have a problem with.
This is why I would like to make a motion to stop all lawsuits.
Thanks,
Karen
SwanB (Washington)
Posts: 199
Posts: 199
Posted:
Well, the issue of residency is something a Board needs to address if the Health Department or zoning of your association doesn't allow full-time residency. The Board's responsibilities include, not only fiduciary but the maintainenance and following of all Federal, State and County laws.
Perhaps the Board needs to be offering more education on the subject before announcing the potential movement on a lawsuit so more members realize the brevity of the situation. This would get more support for their action and less resistance.
What could be turning into a bad situation might actually be a misunderstanding. I would suggest talking to find out why your Board is feeling they need to move forward with an action as strong as a threat of a lawsuit.
Perhaps the Board needs to be offering more education on the subject before announcing the potential movement on a lawsuit so more members realize the brevity of the situation. This would get more support for their action and less resistance.
What could be turning into a bad situation might actually be a misunderstanding. I would suggest talking to find out why your Board is feeling they need to move forward with an action as strong as a threat of a lawsuit.
KarenS1 (Massachusetts)
Posts: 5
Posts: 5
Posted:
Swan, I wish more people were like you here.
The suit has started already and because you cannot prove residency, it is going to be a lengthy case and in my opinion, when a judge looks at out bylaws and sees that the offenders maintain residency somewhere else then he/she is going to say "what are you doing here?"
the bylaws say you cannot set up primary residence here. The town will not allow anyone from here to even apply for it. nobody here can register to vote, car, send there kids to school. this is just a vacation place.
I would like to make a motion to just end it. it is a he said she said case.
The suit has started already and because you cannot prove residency, it is going to be a lengthy case and in my opinion, when a judge looks at out bylaws and sees that the offenders maintain residency somewhere else then he/she is going to say "what are you doing here?"
the bylaws say you cannot set up primary residence here. The town will not allow anyone from here to even apply for it. nobody here can register to vote, car, send there kids to school. this is just a vacation place.
I would like to make a motion to just end it. it is a he said she said case.
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Karen, it appears that some are staying in the park much longer than the Board thinks they should. Is there any restriction in the CC&Rs or Rules and Regulations that has justified a law suit.
It seems rediculus to me to bring a suit when such a problems can be corrected by making simply making a restriction on the amount of time allowed for each visit.
Is there more to this than you know about or have revealed?
It seems rediculus to me to bring a suit when such a problems can be corrected by making simply making a restriction on the amount of time allowed for each visit.
Is there more to this than you know about or have revealed?
KarenS1 (Massachusetts)
Posts: 5
Posts: 5
Posted:
There are no restrictions on time spent here. they sent out an amendment to say we can use it 180 days per year. that won't pass. for 2 reasons, we are in the middle of litigation and we shouldn't change anything yet and this is meant for year round recreation. it would severely impact resale value.
i wish the board could have spoken to these owners before hiring a lawyer and getting this started. This is going to cost so much money.
there is one person who spends more time here than at their primary residence. and yes it comes down to a septic issue. the state or town does not care how much time we spend here.
oh it is just a mess.
thank you for all your replies. you have helped me a lot.
karen
i wish the board could have spoken to these owners before hiring a lawyer and getting this started. This is going to cost so much money.
there is one person who spends more time here than at their primary residence. and yes it comes down to a septic issue. the state or town does not care how much time we spend here.
oh it is just a mess.
thank you for all your replies. you have helped me a lot.
karen
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Dean while I applaud your enthusiasm and welcome you, you do realize that this thread is almost seven years old, don't you?
Studies show that 5 out of 4 people have problems with fractions
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Quote:
there is one person who spends more time here than at their primary residence. and yes it comes down to a septic issue. the state or town does not care how much time we spend here.
So why doesn't the campground just look the other way, and ignore "actual" usage? If you win the court case, what do you really win? Who cares how much time people spend there?
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Ugg... sorry i didnt look at the date either.
ArhsubF (California)
Posts: 12
Posts: 12
Posted:
Hello Everyone!
My name is Arhsub. I am new to this forum and just want to say thanks to the Admin for accepting me here. I hope to spend a good time with all of you. Thank you.
My name is Arhsub. I am new to this forum and just want to say thanks to the Admin for accepting me here. I hope to spend a good time with all of you. Thank you.
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