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Subject: HOA Policies vs. County Regulations
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cksiiEditor
(Colorado)

Posts:12


05/10/2006 10:57 AM  
Our community has had problems with RV parking issues for years. To make a long story very short, the county Official Development Plan (ODP) for our area says that to be properly stored, an RV "must be totally screened from public view". In 1998, several homeowners sued the county stating that they had been told that as long as their RV was covered and behind a six foot fence, that would be considered adequate screening. The court found their argument not to have merit and the judge specifically stated that the six foot fence criteria was not in compliance with the ODP. A cover did not "screen" the RV, it merely "covered" it. Other discussion took place that the screening would need to make the RV indiscernible in order to be in compliance.

For several years following this, RV owners constructed screens so as to comply with the ODP.

At a recent HOA Board meeting, the issue came up and a statement was made that the current position of the Board was this. If an RV owner has a cover that is approved by the Architectural Control Committee (ACC), which IS the HOA Board, that that would be adequate, as long as the RV was behind a six foot fence.

My arguments were that the Board did not have the authority to make this policy because it has already been ruled upon in court that this policy is in violation of the ODP. I also argued that the HOA Board can not supercede the authority of the county and that the HOA Board can not create policies, which are more lenient than that of the ODP. It is my understanding that the Board, through the Protective Covenants, could make the requirement MORE strict than the county. I think that there is a legal term for this. However, I don't know what it is.

Here are my questions.
1. Can the HOA Board supercede the authority of the county?
2. Can the HOA Board reduce or eliminate the requirements of the ODP?
3. By giving written approval to RV owners with regard to "approved" covers behind a six foot fence, does the HOA Board have any legal exposure?

Thanks for taking your time to read this and lend your opinion.

Greg Steward
TomJ
(Arizona)

Posts:42


05/10/2006 11:52 AM  
Interesting question but I cannot help you. I would guess that you should have to follow the county codes. I think an attorney in your county should answer this.

We deal with city codes and some on storage of non operable or out of registration vehicles must not be in sight and the city code places the enforcement on the HOA if in a planned community.
RogerB
(Colorado)

Posts:5067


05/10/2006 12:38 PM  
Greg, you are correct on everything.

1. Can the HOA Board supercede the authority of the county? NO

2. Can the HOA Board reduce or eliminate the requirements of the ODP? NO

3. By giving written approval to RV owners with regard to "approved" covers behind a six foot fence, does the HOA Board have any legal exposure? YES, if they are knowingly violating restrictions.

cksiiEditor
(Colorado)

Posts:12


05/10/2006 2:49 PM  
Thanks, Roger, for your response. I'm also in Colorado and just wanted an objective opinion. Current and past HOA Board members, who were at the meeting, were reluctant to accept my arguments. However, one of the Board members agreed to speak to HOA counsel (HindmanSanchez) and pose the questions. I'll be interested to hear the results.
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Forums > Homeowner Association > HOA Discussions > HOA Policies vs. County Regulations



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