CC&R on Ladder Racks

Started by CathyC5 • 1 replies • 1404 views

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CathyC5 (Arizona)
Posts: 1

Posted:

I have a rental and the people in the rental have personal vehicles that have ladder racks on them. I have reviewed and gone in front of the board - it doesn't state in the CC&R's no ladder racks are allowed. it states anything suggesting commerical is not allowed. How is a ladder rack suggested to be commerical - this is their personal vehicles.

Since this they have revised the CC&R's to state no ladder racks and have requested me to submit in writing why I think I should get a varience.

Please advise.

BrianB (California)
Posts: 2,820

Posted:

you should ask for a variance because your current situation should have been "grandfathered in" by virtue of them existing prior to the rule banning their existence being properly put into place.

Honestly, it's a weak argument, but it is a common one. It might work. Might not.

the other aspect I would look into is: did the board/HOA properly change the CC&R's, doing it the way the by-laws state it must be done... proper notices, proper quorums, proper voting, proper meeting notice, etc.. If they didn't, you can challenge the process. If they did, then honestly, they can ban ladder racks if that's what they want.

But i would triple check to see that they did it properly, and not just "said so".

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