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GlenM5 (Tennessee)
Posts: 5
Posted:
There is a rule that says no boats or trailers ect.. allowed in the drive way. There is about 3-5 members that keep it there all year around , the hoa says they are grandfathered in but cant product documents cause it was a verbal contract. Then there is people that bring the boat / trailers for a few days , cleans them, gets them ready and then leaves, HOA when asked said they are allowing people 3-5 days to clean ect..

Now I bring in a boat/trailer and within 2 days i get a letter saying it cant be there due to this rule ect.. and that they are allowed to tow it at any time. I was actually finished and about to move it back to storage BUT decided to just park it on the street. The street is public , and the documents just say any boat must be stored in the garage. So I take it storing it at a marina is ok cause the HOA dont control that, just like the street would be ok cause they dont control that.

Anyhow after a few hours i moved it.

So my question is , if they allow others to break the rules and try to enforce them on me would it hold up in court?

thanks
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Did anyone else park theirs on the "public" street? I don't think you can park these things on public streets either. So doesn't sound like "All things being even" here. Have a feeling there is a missing details here in the difference.

Former HOA President
GlenM5 (Tennessee)
Posts: 5
Posted:
I think you can, ow we both think something. Anyhow all detail is here. Not sure what else could be missing. O yeah I was on board. Made there life hell because i wanted them to follow rules and do things right. But it was a loss cause.
NpS (Pennsylvania)
Posts: 4,216
Posted:
We have grandfathered 2 things that I remember over the years. Came about because new BOD wanted to enforce a rule not enforced by a prior BOD. Took the following steps both times:
- Published date when enforcement would begin.
- In same notice, stated that all current violators would be grandfathered.
- In same notice, stated that grandfather status would disappear upon sale of house.

I con't see how a BOD could start enforcing a rule with anything less. Always going to get push back. Never going to be able to come up with a decent answer.

The first thing we grandfathered was front storm doors. Still working on it after 20 years.

The second thing we grandfathered was ladder racks on trucks. Instead of calling it a grandfather, we called it a waiver. Waiver is good for 2 years only. Owner has to re-apply for approval every 2 years. Gives us some leverage against anyone who forgets to cover commercial signs too many times.

Without an announcement to the community, I think we'd be SOL.


Sikubali jukumu. Read all posts at your own risk.

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