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RonW7 (Ohio)
Posts: 122
Posted:
The skinny: Owner is using common property to store his boat when it is not in use. It is taking up parking that could be used by others. There is nothing in our CCRs or adopted community rules that prohibits the storage of boats, recreational vehicles, or trailers on common or limited common property. Do we need to amend our CCRs to force him to take his boat to separate storage or do we have the power as it is to do that?
DouglasK1 (Florida)
Posts: 2,046
Posted:
By "common property", do you mean a parking space, or some other area?

Escaped former treasurer and director of a self managed association.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Typically, Boards have full authority over common areas. However, they may not exceed the authority granted to them in the CC&Rs.

Do the CC&Rs mention anything about parking restrictions?
RonW7 (Ohio)
Posts: 122
Posted:
Quote:
Posted By DouglasK1 on 06/19/2014 5:53 PM
By "common property", do you mean a parking space, or some other area?

Yes, parking space. It's an overflow area at the end of the drive that can accommodate three normal-sized vehicles.
RonW7 (Ohio)
Posts: 122
Posted:
There's nothing about parking restrictions, but it specifically declares "all parking" as common area and facilities.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Beyond the rules and stuff...... is there plenty of parking and this boat is bothering no one? Or is parking space needed?

If its needed...... its time to make a rule requiring cars be registered, limit to how many cars per house and limit on recreational vehicles, motorcycles, etc. Address all parking issues all at the same time.
GlenL (Ohio)
Posts: 5,491
Posted:
Ron as I remember it you are a COA so (5311.081 (B)(5) Adopt rules that regulate the use or occupancy of units, the maintenance, repair, replacement, modification, and appearance of units, common elements, and limited common elements when the actions regulated by those rules affect common elements or other units;) gives the Board the power to make rules about the use of common elements unless (Unless otherwise provided in the declaration).

The downside of making a rule is that it may seem as if you are punishing one member who by your own admission is NOT violating the CC&R's and a subsequent Board can just as easily repeal it. IMHO the best bet would be to amend the covenants.

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

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