Smoker Unit on a trailer parked in the street

Started by BillB21 • 15 replies • 1778 views

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BillB21 (Florida)
Posts: 5

Posted:

This smoker unit on a trailer has been parked in community for months now. The owner has refused to remove it.
They have been send violation letters. I've been told now that our HOA and our property management
company cannot have this unit towed away because it's parked on a county street. Does anyone know of a way we can enforce
this rule and have this trailer towed away?

Thanks

DouglasK1 (Florida)
Posts: 2,046

Posted:

If it's on a public street, most likely it's true that the association can't remove it. Has anyone contacted the city or county code enforcement department to see if it violates any laws? If so, let the city or county handle it. If not, what specifically do your documents say about trailers parked on the street?

Escaped former treasurer and director of a self managed association.

MarkM31 (Washington)
Posts: 556

Posted:

In many places a trailer can't be parked in the street unless it's hooked to a power unit

BillB21 (Florida)
Posts: 5

Posted:

Hi Doug Our documents say there are no boats or trailers allowed in the property. I believe we will have to have that rule amended to include the street. I also do believe that we can as a board amend that rule without having 2/3's of homeowners agree. I'm not sure about that but I think we can.

MarkM31 (Washington)
Posts: 556

Posted:

Attendance and quorum not with standing, can your rules even be applied to real property outside your HOA? You said they were county roads.

BillB21 (Florida)
Posts: 5

Posted:

We have a community. We don't allow trailers and boats. Period. If we say they can't be within the community then that will mean they can't be parked anywhere, whether on the property or in the street.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By BillB21 on 06/04/2015 10:44 AM
Our documents say there are no boats or trailers allowed in the property. I believe we will have to have that rule amended to include the street. I also do believe that we can as a board amend that rule without having 2/3's of homeowners agree. I'm not sure about that but I think we can.

Yeah, don't bother with advice from your attorney because they just charge you money and never tell you what you want to hear.

But you might want to look up Eagles Master Association, Inc. v. Vizzi just to get an idea of what doing something stupid can cost you. The association had to eat their own costs plus pay something like $200,000 of Vizzi's costs to settle a parking dispute.

MarkM31 (Washington)
Posts: 556

Posted:

Quote:

Posted By BillB21 on 06/04/2015 11:06 AM
We have a community. We don't allow trailers and boats. Period. If we say they can't be within the community then that will mean they can't be parked anywhere, whether on the property or in the street.

If it's so black and white, why do you need to come here and ask questions? If it's such an easy answer, why does your attorney and MC disagree?

MarkM31 (Washington)
Posts: 556

Posted:

Is it hooked to a power unit?

BillB21 (Florida)
Posts: 5

Posted:

No it's not hooked to a power unit.

MarkM31 (Washington)
Posts: 556

Posted:

There ya go. Now find out if there are restrictions on parking uncoupled trailers on public streets.

There likely is.

MarkM31 (Washington)
Posts: 556

Posted:

Either that, or have the BBQ towed on personal fiat

PitA
Posts: 311

Posted:

Your private covenants regarding parking vehicles on a public street will ONLY apply to members of the association.

? Who actually OWNS the trailer which is parked on the public street ?

Even if owned PRESENTLY by a member, the ownership could change to a non-member (non-signatory to the covenants) at any time.

A non-owner relative of the member has NO obligation under your covenants.

A member of the public-at-large has NO, repeat NO, obligation to YOUR covenants while on public property (or on HOA property either).

? Loophole ?

! YOU BETCHA !

MarkM31 (Washington)
Posts: 556

Posted:

Quote:

Posted By PitA on 06/04/2015 2:03 PM
Your private covenants regarding parking vehicles on a public street will ONLY apply to members of the association.

? Who actually OWNS the trailer which is parked on the public street ?

Even if owned PRESENTLY by a member, the ownership could change to a non-member (non-signatory to the covenants) at any time.

A non-owner relative of the member has NO obligation under your covenants.

A member of the public-at-large has NO, repeat NO, obligation to YOUR covenants while on public property (or on HOA property either).

? Loophole ?

! YOU BETCHA !

Bla bla bla with your legalize, logic and law

Quote:

The BillB has spoken

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

If member John Doe forms the John Doe LLC and transfers title of the trailer from member John Doe to John Doe LLC, the trailer can legally remain where it is as John Doe LLC is not subject to the control of the association by virtue of being a non-member. And who knows? Maybe member John Doe has already done this.

BillB21 (Florida)
Posts: 5

Posted:

Thank you all for your help. The advise that I got here was very helpful. One in particular said to find out from the county.
So I did that today. Here's the reply I got.

For the county that I live in has code enforcement. The trailer in question is in violation of county codes. In particular, obstruction of a right of way. County roads in my county are considered a right of way. Trailers of any kind are not allowed to parked in street. So regardless of whether our HOA owns the roads or county owns the roads, the homeowner is in violation. We can have it out ourselves or we can have the code enforcement do it.

So people let this be a lesson to all. It all depends on what your county rules are where you live.

Thanks for all your help.

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