Trailer Parking

Jeff,

If your going to enforce the covenant on one you need to enforce it on all.

In reading your covenant, I also see a few gray areas. For example:

"The streets shall not be used for storage of automobiles, boats, trucks, trailers or recreational vehicles."

Define storage. That is, what length of time constitutes storage vs. normal parking?

" . . .to be parked upon any lot within the property for a period
in excess of forty-eight (48) hours in any consecutive 30 day period"

Is that 48 straight hours?
If it is, then as long as the vehicle is moved every two days, then the covenant is in compliance (and the work trucks, at least, could stay).

OR

Is that 48 cumulative hours?
If it is, who is keeping track of the hours? What documentation is kept to keep track of the hours?

I hate to say it, but unless the gray area is defined by a board who is willing to go after it's neighbors, or there is enough interest to change the covenants, you will likely have to live with the issue.

Are you on the Board or just a concerned member of the Association?

Tim

I'm neither Tim. Just a concerned neighbor that wants the CC&R's abided by to protect MY/the home values. We have half million dollar homes here. When I moved in there were only 4 homes and 2 occupied. I have brought this community back from the dead. Used my money and time to make it look respectable. Have not asked anyone for money nor will I. Might sound weird to some, but my wife and I moved to this community because it has protected CC&R's. Had one neighbor say to me that he doesn't care about the stinking CC&R's!

There is no association, nor does it say that we must form one. I brought up the suggestion to the current 7 owners and 2 are dead set against it, no reply from 1, 2 don't care and 1 doesn't want to get involved in any issues as they don't want any hostility.

All lot owners are hereby encouraged to participate, at least once each year, in a community function at which the owners then present shall use their best efforts to forecast the necessary amount of money needed to maintain the roads, gate and stormwater facilities. (These meetings may be separate between the owners using each specific road.) Any such function shall have a minimum of thirty (30) day prior written notice to all applicable lot owners, by way of mail or personal delivery to the physical address of each lot, stating the tune and place of the function. Once an estimate is agreed upon by more than fifty (50%) percent the men present and applicable owners, each lot shall be assessed its equal share by way of written notice mailed or personally delivered to the physical address of each lot. Payment of assessments shall be due thirty (30) days after notice is mailed or delivered, and if not paid shall become a lien on title to the lot nonjudicially foreclosable as provided by Washington law regarding deed of trust foreclosures. If the yearly assessment estimate is insufficient to cover the costs of maintaining the roads, gate and stormwater facilities hi the absolute and sole discretion of the Declarant or its nominee, similar notice should be mailed or delivered and each lot shall timely pay its share of the additional needed assessment. All lot owners are further encouraged to take their turn in organizing, hosting and chairing the at least yearly function, preferably as a community picnic or similar type get together.

Here is the Provisions as to getting an offender to abide to the CC&R's....

1 The Declarant and/or owner of any lots or lots subject to this declaration, shall
have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions,
covenants, reservations, liens and charges now or hereafter imposed by the provision of this
declaration; provided however, that the Declarant' right to enforce the provision of this
declaration shall terminate at such time as the Declarant shall cease to be an owner of a lot or lots
subject to this declaration; and provided further, however, the termination of the Declarant'
power to enforce this declaration shall in no way affect the power of any other lot owner to
enforce the terms and conditions of this declaration. In any action to enforce the terms and
conditions of this declaration, the party prevailing shall be entitled to an award of such party's
costs, including attorney's fees, against the non-prevailing party for all costs incurred with
respect to the enforcement of this declaration. Failure of the Declarant or any such owner or
contract purchaser to enforce any covenant, condition or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter

The Declarent no longer owns a lot and he never did appoint a nominee/Architectual Committee.

Jeff:

You have some strange CC&R’s. You have common areas (roads, gates, and storm water drains), annual meetings, assessments, liens, and foreclosures but no formal association.

You quoted a passage that allows filing liens and foreclosing for unpaid assessments. Since you have no association, who is it that would file a lien or foreclose?

I also noted the passage about foreclosing non-judicially “as provided by Washington law regarding deed of trust foreclosures.” Is this legal in Washington? The law in Arizona, where we also have deeds of trust, requires an association to go to court to pursue an HOA foreclosure.

From what you wrote it sounds like your sole remedy to enforce the CC&R’s is to start taking your neighbors to court. The risk in doing so in a very small community is that the other owners could just amend the CC&R’s to remove all the nit-picking restrictions. From your own description, it sounds like you have very little support among your neighbors for strict enforcement.

Jeff:

My question about foreclosures and liens was not clearly stated. My concern in what I saw posted was whether some of the provisions in the CC&R's are legal. In my state, they would not be. Have you ever asked an attorney to review your CC&R's?