Definition - maintenace on motor vehicle

Our convenants say "nor shall any maintenance or repair be performed upon any boat, motor vehicle or other vehicles upon any Lot except within a building which is totally removed from public view". Many people wash their cars on their driveway all the time. Someone pointed out that those people are in violation of the covenant. Is washing a car considered "maintenance"?

Really???????

This seems petty to me.

Are you a BOD member wanting to know if you should send out violations to members washing cars?

Or are you a HO that washed your car and was sent a violation?

Maybe you are just a HO that is wondering "if I wash my car, will I be sent a violation?"

If you are a BOD member, maybe you should find something better to do with your time than driving around the neighborhood on a sat. afternoon looking for people washing cars.

If you are HO that got a violation, your BOD should find something better to do with their time than driving around the neighborhood on sat. afternoon looking for people washing cars.

Since you are on the BOD, appoint him chair of the Carwash Committee.

Ask him to find two other people in the neighborhood that will serve with him. Tell him that he needs and should hold monthly meetings which should include meeting notes and minutes. Also ask him to type up a set of guildlines for what car maintance is and what is allowed and not allowed, make sure its VERY detailed. Another one of his duties could include driving around every weekday evening and every weekend to make sure no one is washing a car. Have him fill out a very detailed report... time, date, color of car, details of person washing the car, where the the car was located in the driveway during the violation, ect. Ask him to present his findings during the BOD meetings each month and tell him the BOD will decide then whether or not they will send a violation to that homeowner. Once the BOD does not send out violations, he will ask why. Tell him that the information he gave you was not detailed enough, and when you went by that house no one was washing a car.

Do you get my point? Hopefully he will and will see how stupid he sounds.

So if the HO has been cited for WASHING a boat, and others have been allowed to WASH cars, based on this verbage alone:

"...nor shall any maintenance or repair be performed upon any boat, motor vehicle or other vehicles upon any Lot except within a building which is totally removed from public view."

then, for the point of discussion, I would say they are BOTH equivalent violations so selective enforcement could be an issue here.

Karen:

Sounds like you have a wooden nickel lawyer to deal with.

His violation for having a boat in his driveway has nothing to do with car washing nor does HE decide what violations should be sent out and for what purpose.

Does he contact you directly? Or how does he pass along his demands? I would respond once and then ignore any future stupidity coming from him.

I would guess the purpose or intent of that section in your documents was hoping to prevent having transmissions and car engines laying on the front lawns and driveways of your homes. You know those silly HOA Boards trying to protect the value of your property.

My guess YOUR understanding is correct mechanical work might have been the real meaning of this section. And as most folks would rather not wash their cars in their closed garages or other sections of the inside of their homes I would rule car washing was NOT maintenance work and be done with it.

Part of the Board's duties is to make judgments and interpret some areas of the by-laws or documents that may not cover each and every possibility. No by-laws can cover every possible situation not does yours. It involves the letter of the rule or law versus the meaning or intent.

We have a rule that if the police or emergency services respond due to your behavior you can be fined. But we have decided if you suffered a heart attack we don't enforce that rule. The intent is to prevent repeated noise and disturbance issues not ban emergency responders. That is up to the Board not the boat owner.

Ignore him and hopefully he will go away....

Like others say, he thinks that nitpicking other violations and enforcement will invalidate all the rules. The "perfect enforcement" defense.

This is not selective enforcement.

I'd say that his violation has been witnessed and reported; those other violations haven't. If he wishes to report those other violations, he is welcome to.