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MaryN6 (Washington)
Posts: 2
Posted:
We are a large single residence HOA of 348 members in unincorporated Pierce County WA. When this community started it was just plats of land.

This is a section of our PC&R’S from 1972
3. No building, structure, mobile unit, or unlicensed vehicle shall be moved onto or stored on any land embraced in said Tract, without permission of the Architectural Committee, except for travel trailers and campers, not to exceed a period of six (6) months. All structures shall be complete as to external appearance, including finished painting within 24 months from date of commencement of construction.

Below listed as 3.7 are what the Architectural Committee drafted in 2009, there being no declaration before that. What the HOA has been doing is addressing people’s trailers and campers (also motorhomes) in a manner like the unlicensed vehicles. Also, telling them if they are licensed to move them every 6 months (which isn't even in the AC rules) or put a custom cover on them. To complicate this in the past there has been less than 3 people on the AC where our PC&R'S say it must consisted of 3 members.

3.7 UNLICENSED VEHICLES – Vehicles, or parts thereof, that are apparently inoperable or unlicensed must be covered fully by a cover made for that vehicle or in a full enclosure.

After reading through prior AC posts I realize that this is not right. As the PC&R’S state it’s pretty cut and dry 6 months for the travel trailer or campers. Adding rules to the AC that contradicts the PC&S’S isn't right. Our bi-laws state the any contradiction the PC&R’S are the final say.
So the actions in regards to travel trailers and campers are wrong. What would a motorhome be regarded as? As I see it there are only a few choices (1) ignore the 6 month camper/travel trailer stipulation (2) change the PC&R”S. We have 354 members and our bi-laws state our bi-laws can be changed but nothing about the PCR”S. We are lucky to get 20 people to vote. Any advice is appreciated and thanks you for your input.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Hi Mary

Strictly for the sake of argument, I will interpret the 1972 language as saying:
1. No unlicensed vehicle can be stored on the property without the AC's approval.
2. The AC's approval is not required for travel trailers and campers that are on the property for less than 6 months.

I clearly recognize that this is not the way that you read that language.

But if you look at the convoluted original language, the above interpretation is plausible. The HOA was within its authority to clarify the vagueness in the PC&Rs.

If there are only 2 members where there should be 3, then you could offer to fill the vacancy yourself - and start things moving in a direction more to your liking.

Many ACs in many HOAs have fewer than the number of required people. But if the requirement is 3 people, then it would only take 2 votes for anything to be approved - which is the same number of votes needed if there are only 2 people on the AC. The 3rd vote isn't really needed.


Sikubali jukumu. Read all posts at your own risk.
MaryN6 (Washington)
Posts: 2
Posted:
Thank you so much for your reply, this is one of those moments where you think why didn't I see that. As it stands the AC has correctly made the rules and implemented them. That is great news to hear I will be posting another issue for clarification on fences.

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