HOA CCR wording on Boats, am I wrong?

Hi all, Ive never really posted on here but im having issues with my HOA.
I live in a townhome community where the townhouses all have a space inbetween, the only thing they share is a small wall in the entry.

Anyways, I live in a corner townhouse, which is the only townhouse that actually has enough space on the side to fit a small boat.

Anyways, I decided to park my boat in my yard behind a 6ft fence and it is not visible from the street when a board member came up to me while I was outside and said I have 24 hours to remove the boat from my property.
As I was reading my Bylaws, I read the part about the boats, it is as follws.

Section 4. Permitted usus. The common elements shall be restricted to the following uses.

D) The common parking spaces, now and forever, shall be restricted hereby such that they shall be used for teh benefit of the Owners for vehicular parking. The parking of boats, campers and trailers is specifically prohibited on the property.

Now, from my understanding, when they mean property, it means common elements, since this rule is under the common elements header and not under anything that states Lot. Property is a very vague and when they use it under the Common Areas- its meant to mean the HOA's property???

Any suggestions would be appreciated b4 i go into a battle with my HOA over improper wording in the CCR.

Thanks..

Donna,

I am not parking the boat on common property, I am parking it on MY LOT, behind my house on my Land that I pay taxes for. Sorry if my prior post was confusing that issue.

Noelle,

Do you maintain that yard area like mowing, etc? Did you erect the fence or is it HOA maintained? I am trying to establish your lot line. Sorry for all of the questions but I own a similar property and the common area is well defined as to what you are allowed to do with it.:0

Having seen the HOA docs of several communities (to include fee simple townhomes), most of them have this clause in the bylaws. It matters not that the boat is parked behind a fence in the back yard. When the townhomes are packed as densely as they are here in Northen Virginia, they are litterally back to back; so who wants to look at a boat in another yard behind your home?

"Boats. Parking of boats and other water-borne craft is not permitted on Association common areas, roads and streets, driveways, designated parking spaces, and private property. Storage in closed garages is permitted."

Mike, Luckily for me, I have a lake in my backyard and I live in the corner. Like I stated above, we are not packed some townhouses have large backyards and large space on the side as well. Some townhouses even have pools in their yards..

I live in Miami,Florida where 80% of the population own boats. I personally think a boat in someones yard looks nice. Not an old beaten down boat but a nice boat in a community so close to the water actually looks nice. You spend your hard earned money on a house to then learn you can't park your 30K boat on your own land. I think thats ridiculous.

Anyhow, my HOA does not have that clause anywhere. The only place it states anything about boats is under the Common area section and parking. And it states is exactly how I described it above. No where else, in no other wording as I have thorougly gone through the CCR's.

I would hate to go into a battle with my HOA but some HOA members go power hungry allowing some violations only to the people of the board or others that kiss the presidents a**, (please excuse my ##). I can go around my entire neighborhood and cite citations that have been like that since I have moved in, but just the fact that they are selectively enforcing my violation is breeding ground for discrimination.

Right now, I am sticking my gound on the improper wording in the CCR's, the only thing now is the wait before they actually mail me something in writing...

YOWZA Noelle, I would suggest that when you get the first notice, that you contact the Board and have them show you the place in your documents where it addresses boats. You scare me with this---"the only thing now is the wait before they actually mail me something in writing.""

If the HOA has the ability to fine, you might be surprised on what can happen. Florida Statutes allow for fines to be up to $100.00 per day. You may like the look of boats in yards but I promise you that not everyone does.

I bought into my Florida Developement because they did NOT allow boats in the yards, behind fences or not. Digging in your heels will not be cheap. A boat slip or stacked storage unit will be so much less expensive. And you won't have to haul it. That's cool!

So one would ask, why are they referencing the common area?,. if you actually own the land around the home and you have a platt showing your property lines? I have seen townhouse condos, where the lots are what they would call "limited common elements" or areas that are designed for your use, as distinguished from "common" elements which are designed for everyone's benefit.

I understand both of your points of view. But they can't start fining me until they send me a warning right? I don't have anything in writing only a verbal warning that I have 24 hours to remove.
Furthermore, Common elements are the green areas around my neighborhood such as a park and recreation area that has a pool and tennis courts. Common elements would not be my yard as it states in the CC&R's,

Section 2. Common Elements. The common elements consist of the entire property (hereinafter defined) and any improvements erected thereon other than the lots.

It doesnt state anywhere about limited common elements your lot is your lot as on the parcel on county records that shows my land!

Noelle,

Per this posting and your initial posting you were given a warning. Unless your governing documents specify that the warning must be in writing, you were given a warning.

I also live in a town home community that the entire lot the town home is on plus the back yard is deeded to the homeowner. I am also serving on my Associations board of directors. My issue is that you probably needed to take the boat across landscaped common property (not paved roads or driveway) to put the boat into your back yard. By doing this, you were not using the common property for what it was intended for and could be fined and required to pay for any damage caused by doing that activity. I would also suspect that there is something within your governing documents that discusses inappropriate activity. It's possible that you could also be in violation of that section.

I do understand that you believe that you discovered a loophole within the covenants. I expect that your Association is appreciative of being notified of that loophole and will probably take steps to eliminate it. I expect that you also believe that until the loophole is eliminated that you should be able to keep the boat in your yard.

I hope that you understand that, as I tried to point out, it is possible that the transporting of the vehicle from the parking area, across the common area and into your back yard is a different violation then having the boat/trailer stored within your back yard. I also hope that you understand that your position, depending on how you are communicating it to your Board, that you are probably not gaining much support for your issue from the Board members.

I would suggest the following:

Send a letter to the board along these lines:

I want to assure the Board that I support and am willing to comply with the covenants of the Association. During my discussion of storing my boat within my fenced in property with Mr xxxx, I pointing out that I did not see this as a violation, since the boat was on my personal property, shielded from view on the street and not parked/stored on common property. I am requesting that you please cite the sections of the covenants that the Board believe I am in violation of.
I would also recommend that if the Board believes that their is or should be a covenant that prevents the storage of a boat within the rear yards that they take the necessary steps to amend the governing documents to make that section clearer or preventing this use of an individuals property.

Keep the letter cordial, polite and within the facts of the issue.

Tim

I got to thinking about Noelle saying that her boat is in her yard behind a fence so it is out of view. I know how tall boats are on their trailers and I bet money that her boat on a trailer is higher than any 6 or 7 foot fence. Jes thinking here. The boat is probably not well hidden as the HOA member clearly saw it from the street.

It seems to cone down to the definition of property in the last sentence of the restriction you posted. Even though the section title references common property it could be interpreted to mean all property within the comm. Having said that you must verify the fining issue. If allowed there is a procedure that must be followed and you will have more than 24 hours to comply.

Noelle,

Based on Peters comment, I went back and re-read what you had posted. I've highlighted the specific sentence about boats.

As Peter stated, it will boil down to the definition of "property". Typically, the documents have sections within them that identify specific terms.

What does your CC&Rs and/or Articles of Incorporation and/or Bylaws specify the definition of "property" is?

Granted, every Association can have different definitions. However, for comparison, my Association defines "property" as: "that certain real property hereinbefore described and such additions thereto as may hereafter be brought within the jurisdiction of the Association".

This type of wording would include all lots within the subdivision that are subject to the covenants. If you have similar wording in your documents it would include your back yard.

Tim

Tim,

I wonder if there are any other boats in the developement. If NO, then there is the answer. Boats are not allowed.

there are boats in the development but they are small row boats since we have lake behind our houses. Eitherway its still a boat. My boat is small, only 17ft, but its on a trailer.

Bottom line is that they worded their Bylaws wrong. Thats not my fault, when I first moved into my house thats what I based my decision on, those bylaws. By reading the by laws anyone who puts the restrictions on boats under a section heading Common Area- is going to think and believe that he boat is not allowed in common area, it does not say on your lot. The definition of property is the whole development. But the definition of Common area is the whole development not including the lots.

So, if you put restricion for boats, it needs to be put under that heading, not under the heading of common elements.

My bylaws don't state anything about fining on violations, only fining on late assessments.

So, Im wondering how they can fine me if its not in my bylaws? Also they have selectively enforced rules in my neighborhood..some people have shutters, some have awnings, peoples fences are different colors... a bunch of things..

Also, does anyone know the difference in rules, bylaws and CC&R's?

Hi Noelle:

My two cents is if the Section (D) as noted below is within Section 4 … then Section 4 in the title references “Common Elements”. I would politely point out that this is the only section which references parking of boats in the governing documents and it only limits parking in common elements. Therefore, please provide proof that your fenced out of view private back yard is common elements.

Section 4. Permitted uses. The common elements shall be restricted to the following uses.

D) The common parking spaces, now and forever, shall be restricted hereby such that they shall be used for the benefit of the Owners for vehicular parking. The parking of boats, campers and trailers is specifically prohibited on the property.

The important issue is you need to respond. To fine they need to prove that have the right and there is certain due process.