Can HOA Fine for No trailer

Started by TinaJ • 5 replies • 1856 views

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TinaJ (North Carolina)
Posts: 1

Posted:

I have a situation I need help with. We have a 24 ft trailer that we use to haul racecars to the track once a week. We store the trailer in a storage lot and only bring it home to load and unload the cars ( they are stored in our garage). We would bring home the trailer on Thursday night. It would sit in the driveway Friday til we leave to go the track Friday night and we return it early Sat am after unloading the cars. We did this for almost 2 years til now we are getting letters threatening fines. When I contacted the management company about the fines, they advised me that they can continue to fine me even if the trailer is not there for the simple fact they have noticed it appears every Thursday anyway so I am going to continue to break the rules and not rectify the problem. My question is how can they fine me if the trailer is not there. I understand there will be a fine for Friday since it is sitting there all day but how is it possible they fine for the rest of the week even if the trailer is in the storage lot? Can someone help me if this actually legal for them to do or should I contact an attorney? They told me too bad, I can never bring that trailer home even if it is to just load and leave. The company said if they see the trailer in my driveway at all, they will impose fines. FYI a nosy busy body just started on the Board in April who lives two houses up from me! Thank you for any help

GlenL (Ohio)
Posts: 5,491

Posted:

Nosy busy body or not, if it's against the rules - it's against the rules. That is where you need to start, by reading and understanding your CC&R's. Just because you got away with it for two years doesn't change the fact that it's against the rules anymore than you could use the excuse: "But officer I speed down this stretch of road everyday, why are you giving me a ticket for it today?"

As to how they can keep fining you, by removing and returning the trailer each week it becomes a new violation. In our HOA a new instance of the same violation within a year and the fine goes up.

Studies show that 5 out of 4 people have problems with fractions

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Ask to see the CCR/Bylaw that you are violating so you can work on complying. It may be the overnight is the issue. So if you brought the trailer in/out, but it didnt stay overnight it may be ok.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Tinaj

As Tim said check your docs.

The being there overnight would violate our covenants.

PeterD3 (Florida)
Posts: 708

Posted:

I agree it is likely the overnite parking giving you the problem here.

It would be an unreasonable (thus unenforceable) covenant to prevent a trailer from ingress/egress and time to conduct reasonable business such as load/unload etc.

Exam0ples: moving companies, lawn maintenance, pool maintenance, landscape material deliveries, etc.
These often utilize trailers.

KevinK7 (Florida)
Posts: 1,343

Posted:

While you may be in violation for one day, I don't see how they can fine you for other days that it is not there.

What is the exact wording of the C&R/rule?

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