covenants not enforced

Started by IrvinS • 3 replies • 1256 views

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IrvinS (Texas)
Posts: 3

Posted:

Our covenants says that when lot is sold a mobile home is to be put on lot. A person bought lot put RV on lot .The association membership at 2 monthly meetings voted to enforce covenants. The board held meeting and voted not inforce covenants or hire a lawyer. The owner says my RV is worth more than any mobile so take me to court . Now the board will not listen to coments about the covenants.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

A bit hard to understand but I gather someone put a RV on a Mobile Home lot. This isn't allowed in the covenants. Here's the unfornate reality of the situation. This may indeed be a violation of the convenants. The problem is your convenants probably don't have an exact punishment for doing so. The convenants should have had a fine system or the ability to remove the RV. Which it may still have the authority to remove the RV but through lien/foreclosure process. That would be kind of complicated and would require an attorney.

The amount of what the RV is worth is irrelevant. I could have a million dollar yacht parked at a dock. The dock only allows house boats and no yachts. I'd be in violation even if it were worth more than the house boats.

Don't be afraid of a lawsuit. People can sue for anything anytime. Just make sure your prepared with your own lawyer and look to file a countersuit. It's better and cheaper to countersue than to sue anyways.

Sounds like people just don't want to touch the situation and wipe it under the rug. Which will save money in the long run but now you have precedence of allowing RV's...

Former HOA President

SusanW1 (Michigan)
Posts: 5,202

Posted:

I suppose that he could argue that his RV fits the definition of a mobile home. Hopefully, your convenants define what a mobile home isand how it is to be installed on the lot.

Are you a recreation HOA, seasonal? Or permanent, year round homes?

IrvinS (Texas)
Posts: 3

Posted:

We are a retirement community year around mobile homes . The covenants says 760 sq.ft. mobile or larger also must be permanetly set on lot.
Thanks

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