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Subject: Your opinion: Lot control
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Author Messages
SayA
(North Carolina)

Posts:19


07/22/2011 6:59 AM  
Hi all,

In our CCR/bylaws we have the following:

"Section 4. - Lot
"Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Open Space."

"Lots need to be reasonably maintained per the discretion of the ACC"

The issue is an owner with a car he has moved into his back yard and the Board wants to have it moved back to the drive. It does not look like it is being used. In your opinion, does this give the Board the power to enforce the appearance of an owner's lot in this case?
BruceF1
(Connecticut)

Posts:2535


07/22/2011 7:17 AM  
Posted By SayA on 07/22/2011 6:59 AM
Hi all,

In our CCR/bylaws we have the following:

"Section 4. - Lot
"Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Open Space."

"Lots need to be reasonably maintained per the discretion of the ACC"

The issue is an owner with a car he has moved into his back yard and the Board wants to have it moved back to the drive. It does not look like it is being used. In your opinion, does this give the Board the power to enforce the appearance of an owner's lot in this case?

I would say you can't just arbitrarily tell the owner he has to move his car. You would need a rule stating that cars must be kept in the driveway or some specific place, or that they cannot be kept in yards. I would say "Lots need to be reasonably maintained per the discretion of the ACC" is a bit vague, except that it authorizes the BOD and/or ACC to make reasonable rules regarding the maintenance of lots.

If you don't think the car is being used, it most likely is unregistered. Is there anything in your CCRs about unregistered cars in the community? Some HOAs don't allow unregistered vehicles to be kept, unless they're in a garage. Some don't permit it at all. This is to keep "junk" cars from cluttering the neighborhood. You might also want to check state laws or local ordinances with regard to the storage of unregistered vehicles to see if they might have juristiction in this matter.
SayA
(North Carolina)

Posts:19


07/22/2011 8:02 AM  
Thanks for the reply. The county ordinance was recently repealed as being unenforceable and is being re-written. It was too vague for determining between junk and unrestored status.

If you think what we have is too vague as well, you would recommend we write a more specific rule concerning where vehicles may park? Would we need to differentiate between cars and things like boats? Vehicles is pretty general as well...
BruceF1
(Connecticut)

Posts:2535


07/22/2011 2:10 PM  
SayA,

What I have a problem with is the sentence: "Lots need to be reasonably maintained per the discretion of the ACC"

"Per the discretion of the ACC" means to me "We don't know what the rules are. We just make them up as we go along and can change them at any time."

You need to decide what should be allowed and what is not to be allowed regarding storage/keeping motor vehicles, and put your rules in writing so everyone can know and understand what they are. If you don't want unregistered motor vehicles kept in the back yard, say so. If you don't want any vehicles, registered or unregisterd in the back yard, say so. If motor vehicles are only to be kept in the driveway, say so. If boats (and their trailers) are allowed in back yards, then say so. You could also place time restrictions on your rules to allow repair or washing, for example.

For example (and I'm not saying this is perfect):

"Motor vehicles of any description which require registration for highway use in this state must be parked in unit owners' driveways, except for boats and their trailers, which may be parked in rear yards."

You also need to think about RVs, campers. and the like.

SusanW1
(Michigan)

Posts:5202


07/23/2011 5:40 AM  
There would be a difference between parking and storage of a car.

Valid license plate should be a requirement IMHO.
BruceF1
(Connecticut)

Posts:2535


07/23/2011 7:25 AM  
Posted By SusanW1 on 07/23/2011 5:40 AM
There would be a difference between parking and storage of a car.

Valid license plate should be a requirement IMHO.


I agree. I think the car in the OP is no longer registered which is why the owner moved it to the back yard; to try and conceal that fact.
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Forums > Homeowner Association > HOA Discussions > Your opinion: Lot control



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