hoa says i cant have boat in garage

Rules state that boats are not allowed on property. The small boat is in my garage with door shut. It's been in there for a year and I suspect one of the condo Nazis looked in there when the garage was open. Me having a boat does not create a parking issue. When I asked the property manager she stated that my garAge is considered common property. I researched my deed and all condo docs and it says nothing about my garage being common area. So my question is.....can an hoa dictate what you keep in your garage if it has no impact on anyone else?

I wish I could help more but I will tell you that our HOA has a no-boat parking rule and we have many who have boats inside their garages. We do not bother with boats parked in garages as long as the door is closed.

We don't have many rules for garage interiors. We call the garage a "limited common area" which to us means it is for the unit owner's usage but the owner must obey any rules that specifically refer to the garage. In our case the only garage rule is that an owner can only rent garage space to another owner and not to a renter. Also the owner must clean up any oil spills and no garage major mechanical vehicles repairs are allowed in the garage.

We call things like garages, balconies, front porch, flower bed in front of 'your' c limited common areas. They are not overall common areas and are attached to a condo.

Good Luck with your boat, I agree with the Other poster. Just shut the door

If ever challenged in a court of law, the HOA would lose. Why, because the rule is not "fair and reasonable" based on the hundreds and hundreds of CCRs and/or Rules and Regulations that states you can and also state garage doors must be closed when not in use.

First and foremost, I think the Association is being silly. That said, I think the issue will boil down to two things:

1) Is the Garage private property, common property or exclusive use common property? If the answer is private property, then the boat is not on Association property.

2) To get the Boat into the garage, did it have to cross or use Association property? If it did (as in entrance ramps, streets, parking areas, etc.) then the Boat should not be in the garage as you have violated the rule of no boats allowed on common area.

Again, I think your Association is being silly. Unfortunately, you will likely need to gather support and get the rule changed (to allow them to be stored in the garage) in order to remove the silliness from your Association.

So the rules state no boats allowed.

So how does it now become a problem when I have a boat?

Tough to figure...........

Guess the rules only become silly when they are applied to YOU.

Yeah that must be it!

Amazing to me how folks can read the rule, understand the rule, as in this case quite simple, and then argue it shouldn't be applied to them.

Just wondering what other rules might apply to everyone else just not you?

Just which rules have become optional?

Obviously Darlene belongs to an HOA with common sense. A HOA that would have an issue with this situation is ridiculous to put it nicely and the people running it need to get a life.

It's obvious to me that your boat-shaped camper is being mistaken for a boat. Put a tarp over the thing and tell them it's gone.

I'm just curious, what is the exact language from your documents about boats not being allowed on the property. I find it very odd that your HOA is adamantly opposed to boats but trailers, RVs, campers, etc. are allowed.

It would be interesting to see if someone mistakenly drove through your hood towing a boat. Would they be chased from the community with pitchforks?

It's an amphibious camper.

In the HOA's defence, one more boat in the garage could be one more car or - the horror ! the horror ! - one more non-commercial pickup truck parked outdoors visibly.

If the boat or motor is serviced inside that garage, there might be noises, cussing, odours, increased risk of fire etc. No point in even asking about fullsize nor compact tractors in the garage.

Why do you find it necessary to rock the boat?

Chris J9 Fla :

Not sure if you have a doorbell nor whether the Rules require you to maintain one in working order.

Hope that your own review of the documents, from which you conclude that the boat is rule-compliant within the garage, included what is the technical boundary of your "unit" ? Hope it also looked at the wording of whatever the specific prohibition(s) also try to address : repair noises & risks, duration of storage, gasoline storage issues ?

What is the exact language in your documents regarding boats?

Ours say that IF in the project must be placed and maintained within a Residential Unit and obscured from view.

Let me try to summarize Chris's issue:

1) Chris lives in a condominium development (what type, hirise, duplex, townhome, etc., is unknown).

2) Per Chris, Boats are not allowed on common areas (although we have not been provided the wording of the document).

3) Per Chris, the Association considers the garage as common area (although we have not been provided the wording of the document).

4) Per Chris, the Association does allow campers and trailers to be housed in a garage (although we have not been provided the wording of the document).

5) Per Chris, he does have a boat housed in the garage.

6) Per Chris, the Association started enforcement of this issue in March or April (5 months ago)

7) The Association has escalated enforcement with legal action (association using an attorney) and Chris has received letters from the attorney.

8) Per Chris, the issue is now heading toward arbitration (but we do not know if it is binding arbitration or not).

9) Per Chris, there appears to be some personality conflicts (President is a bitter old lady who lives across the street with nothing better to do than make life difficult for others).

Chris, expecting I have this correct, my advice is DO NOT GO TO ARBITRATION ALONE. The Association will be represented by an attorney. You should have one as well (you said you spoke to one, but that is not the same as hiring one). The issue will likely boil down to one or more of the following:
a) What is the language within the CC&Rs and rules/regs regarding the common area.
b) Is the Association allowing others to have boats in their garages
c) The ownership status of the garage (common area, exclusive use common area or fee-simple ownership by you)

I wish you luck.

Tim

Well stated, especially the part about being represented by an attorney.

No matter what, this is going to cost Chris some money. It's either hire his own attorney at his own expense or go it alone and face the prospect of losing and paying all the other side's costs.

I am not sure if they can legally tell you what to keep in your private garage. Howeever, did you know this before you bought your boat? Have you seen the specific rule in place regarding this? Your garage is your own deeded property, like my subterrain parking space is in my buidling. I can't keep certain things in my spave even though I own it.... example gasoline cans, bikes that are not on approved securied devices, commercial sized vehicles. etc.

It takes more investigation and request the specific rules in which they are referring too.. It its not written clearly, it can be challenged.