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Subject: Regs interpretations
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MichelleL9
(Utah)

Posts:3


10/24/2019 9:34 AM  
Has anyone dealt with an owner arguing that a a regulation that requires RV's and equipment be stored behind a screened gate/fence does not apply to the trailer used to haul his ATV's?
ND
(PA)

Posts:376


10/24/2019 9:41 AM  
Probably . . . maybe not the exact same situation, but probably similar.

To try and help you though:
What's the regulation verbatim from your documents?
What's the owner's verbatim argument?
What exactly are you looking for from this community?
KerryL1
(California)

Posts:6732


10/24/2019 10:10 AM  
Welcome to the Forum, Michelle. With ND, what's the exact wording of your regulation? Are you sure it's a "regulation," or could it be part of your CC&Rs? (aka: covenants, declaration, deed restrictions).

"Rules & Regulations" usually can be changed fairly easily by the board of directors. In other words, if this is only a "regulation," and it only specifies "RVs" and "equipment' (what does "equipment" mean?), the regulation could be expanded to include other vehicles. But that depends of your board and other things too.

MichelleL9
(Utah)

Posts:3


10/24/2019 10:23 AM  
"All recreational vehicles shall be parked inside a garage or in a location screened from the street." No clarifications in the Rules or Regulations have been made.
MarkW18
(Florida)

Posts:291


10/24/2019 10:30 AM  
Posted By MichelleL9 on 10/24/2019 9:34 AM
Has anyone dealt with an owner arguing that a a regulation that requires RV's and equipment be stored behind a screened gate/fence does not apply to the trailer used to haul his ATV's?



How would a reasonable person interpret?

Should be in garage or behind gate...........(period)
MichelleL9
(Utah)

Posts:3


10/24/2019 10:32 AM  
Yes, exactly. And that is how they have been historically and universally interpreted, but the "reasonable person" does not apply here. Thanks everyone.
KerryL1
(California)

Posts:6732


10/24/2019 1:41 PM  
Sorry to be thinking so so slow. This resident who wants to store his rec. vehicles in plain sight is arguing that the "regulation" only applies to "RVs," and not ski mobiles, jet skis, or other types of "recreational" vehicles, right?

And he restriction is in your Rules & regs, not in your CC&Rs, right?
SamE2
(New Jersey)

Posts:201


10/25/2019 5:20 AM  
I agree the trailer should be behind a screen or in a garage but I don't think that is what your documents say. What kind of tags does the trailer have on it? In NJ the DMV does not register and tag utility/ATV trailers as RV. I think the guy is technically allowed to park his utility trailer where ever he wants unless you have other rules that prohibit it.
JohnC46
(South Carolina)

Posts:8904


10/25/2019 10:10 AM  
Posted By MichelleL9 on 10/24/2019 9:34 AM
Has anyone dealt with an owner arguing that a a regulation that requires RV's and equipment be stored behind a screened gate/fence does not apply to the trailer used to haul his ATV's?




I would consider the trailer used to haul the ATV's to be "equipment".
KerryL1
(California)

Posts:6732


10/25/2019 11:15 AM  
But, John, the OP's citation is: "All recreational vehicles shall be parked inside a garage or in a location screened from the street." Th t really vague word, "equipment" isn't used.

If it's simply a "regulation," and enough people disagree with the guy who thinks he can store his stiff in the driveway, just change the reg. via the board or whatever's required by the OP's docs and UT (if anything)
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