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DaveM1 (South Carolina)
Posts: 6
Posted:
HOA manager states a homeowner can't make repairs to a utility trailer while parked in the driveway, but state laws require trailer owners to maintain correct tire pressure, the trailer coupler (hitch mechanism), wires (the wiring circuits that stretch around the undercarriage of the trailer to operate stop and tail lights) and the lights including the light assembly and the light bulbs on the rear and sides (called marker lights) of the trailer. Annually, the h/o may have to add or remove a license plate, add or remove inspection stickers. How can any HOA document supersede the state and federal laws that make it unlawful to drive around with defective trailer safety equipment? Our residents are being threatened with $50 dollar fines if they are caught with a screwdriver in their hand around a utility trailer. This will encourage short cuts, shoddy repairs or even no repairs which can lead to accidents on the road or tickets from law enforcement agencies. The documents were written in the 1980s. The HOA docs are as yellowed as the degrees of the people enforcing them. Both seem very outdated to me. What can a resident do when a tire goes low and the security guard issues a $50 ticket?
BrianB (California)
Posts: 2,820
Posted:
it can supersede because the owner can do said repairs inside a garage, or in an alternate location. Unless you provide a state or federal law that say such repairs MUST be done in a driveway, there's no conflict here.

DaveM1 (South Carolina)
Posts: 6
Posted:
Hi thanks for the quick reply. In a literal, sense one homeowner did not have a garage and the spring broke on the coupler (hitch) on the trailer, which required a repair where the trailer was sitting, in the driveway. It's easy to dismiss this in some instances but, just like a car, there are a few emergency repairs that must to be made before you can go dragging a trailer down the roadway to a repair facility. Sorry if I led you into an quick dismissal of my point without providing an explanation of emergency repairs.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
What can a resident do when a tire goes low and the security guard issues a $50 ticket?


Appeal the ticket or ask for a hearing, something like that.
DaveD3 (Michigan)
Posts: 796
Posted:
Do your documents or approved rules state that there is a $50 fine for a first violation of this repair rule?

It would be difficult to argue that changing a license plate or replacing a bunred out bulb falls within the intent of a regulation aimed at restricting maintenance in ones driveway.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Changing a light bulb, inspection sticker, license plate, tire, etc, is not the same as having a trailer jacked up and undergoing repairs. Especially if the repairs take more then say a few minutes.
JonD1
Posts: 2,350
Posted:
Once again we try to redefine the rules to create a reason they don't apply to me.

Satisfying state laws does not serve as justification to violate HOA rules. Have the work done in your gargage or in a local repair shop.

My guess he purpose of this rule is to avoid having people set up open air garages on the property where work is being done on a regular basis.

Like a back year mechanic sort of deal.

It was not intentioned to prohibit residents from putting on their new inspection stickers or license plates.

The rule is you can't perform work on your trailer. Don' now try to find a way to question whether this applies to you or the minimal work you now claim it prohibits. Commom sense would tell most of us the difference.

CarolR11 (Colorado)
Posts: 2,563
Posted:
We have underground deeded parking spaces and no vehicle maintenance is permitted.

Like Dave3, I wouldn't define changing a license plate or adhering a new tag on one, or adhering our require parking stickers to our windshield as "vehicle" maintenance. But other tasks, cleaning the car interior, changing a tire, yes.

I guess if I needed very small maintenance--changing my license plate light bulb, or inserting a screw in a trailer hitch, Dave1, I'd do in the dead of night so that no one reports the violation. But, yes, the HOA can make these rules.
DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By JonD1 on 10/02/2013 6:59 AM
Once again we try to redefine the rules to create a reason they don't apply to me.

Satisfying state laws does not serve as justification to violate HOA rules. Have the work done in your gargage or in a local repair shop.

My guess he purpose of this rule is to avoid having people set up open air garages on the property where work is being done on a regular basis.

Like a back year mechanic sort of deal.

It was not intentioned to prohibit residents from putting on their new inspection stickers or license plates.

The rule is you can't perform work on your trailer. Don' now try to find a way to question whether this applies to you or the minimal work you now claim it prohibits. Commom sense would tell most of us the difference.


Unfortunately, common sense is not always present in those that are enforcing the rules.
Putting air into an obviously flat tire on one's car would hardly be considered maintenance or repair in any way that would be against rules. Yet the over-zealous enforcer may think otherwise and not hesitate to cite that as an infraction.

Thus the intent of the rule's existence needs to be considered, as with EVERY OTHER rule & regulation in HOA documents.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Dave,

I would suggest that you approach your Board and have them clarify what is considered a "repair" and what maintenance would be considered acceptable. Perhaps you could even write up a proposed resolution for the Board to consider.

It is possible that your Association has fallen into an issue of an overzealous management company. Some management company contracts allow the MC to keep all or a portion of any fines assessed for covenant/rule infractions. When this language is in a MC contract, some companies may see it as another avenue for revenue and become overzealous in there enforcement actions.

Tim
PatriciaH4 (Texas)
Posts: 42
Posted:
It's surprising to me that the issue with the trailer is the repairs being made - I would think for most HOAs, the issue would be more that the trailer is sitting in the driveway to begin with.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
In my former and present HOA you can park a utility trailer, boat, mobile home, etc. in your driveway but not overnight. You cannot perform maintenance on a vehicle in your driveway but if you change an air filter, change a tire, get a jump start, wash it, etc, then I doubt anything would be said. Leave it jacked up all day while working on it, someone might just say something but by the time someone got to checking on the violation I expect it would be gone.

I believe our policy is reasonable and realistic.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Just occurred to me, DaveM1, that you wrote that the: "HOA manager states a homeowner can't make repairs to a utility trailer while parked in the driveway."

The question is: what do your governing documents say? The driveway repair topic might be in your CC&Rs. An elaboration might be in your Rules & Regs. It'll help us reply if you quote exactly what your HOA docs say about this matter.

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