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MariannaG (Montana)
Posts: 2
Posted:
I am specifically tasked, as part of a committee, to rewrite the CCR pertaining to recreational vehicles (which our HOA defines as temporary living structures). We are Grassy Mountain HOA in Montana - very rural. This was a ranch that was bought & subdivided by a large corporation. The smallest lot is 20 acres, several are 100 acres. There are approx. 134 lots. There is also the original ranch with stables, lodge, cabins, owners log home and lots of acreage. Many of the plots were sold as “recreational” land, however, many members plan to build homes in the future. There are about 15 to 20 year-round residents. It was determined several years ago (through membership questionnaire) that there was enough interest in extending the time an RV could be on a lot. At the annual mtg that year a majority proposed an extension change be presented to the membership. That is as far as it got.
Last year the subject got out of control at the annual mtg when the ranch owner contacted all the absentee landowners (nonresidents), presented a very skewed version of two problems with RVs on Grassy Mountain, obtained blanket proxies from these misinformed, gullible people and proposed to limit access of RV’s unless landowners first obtained permission from the BOD & also notified it of their arrival & departure. How this would be done was going to be up to the BOD and opened the door for landowners to be denied access to their land with their RV. I and several other landowners objected vehemently, thus my acceptance to help rewrite.
The CCR presently: “Each Tract Owner may live in a recreational vehicle for up to 60 days in any calendar year so long as health and sanitary laws regulating sewage and waste disposal are followed by the Tract Owner using the recreational vehicle. No recreational vehicle may be stored or left on a Tract unless it is next to a permanent dwelling. No sewer waste may be dumped or deposited on any Tract unless it is in an approved septic tank.”
My desire is to present to our BOD a CCR (several variations) acceptable to both sides - those who use their land recreationally & those who have what they believe to be extremely valuable log homes & don’t want a camper, etc. anywhere within a hundred miles of their house. I want to extend the time limit (90, 105, or 120 days) and I need an acceptable form of notifying the board of when landowners arrive & depart (i.e., is it acceptable to notify the closest neighbor at the earliest opportunity after arriving). Remember when I said “rural”- cell phone reception is on/off (if you even have one with you on vacation). Should the BOD accept written notification! What should BOD allow for changes in arrivals/departures (i.e., vacation is moved up/delayed anywhere from days to several weeks)! I, personally, do not believe that permission for owner access to their own land with an RV is something the BOD should be involved in - I’m open to differing opinions with rational.
Please help! I welcome all recommendations as this is something I have never had to deal with before.
RogerB (Colorado)
Posts: 5,067
Posted:
Niether a vote of the owners nor the Board is valid if it does not comply with the CC&R's: “Each Tract Owner may live in a recreational vehicle for up to 60 days in any calendar year so long as health and sanitary laws regulating sewage and waste disposal are followed by the Tract Owner using the recreational vehicle. No recreational vehicle may be stored or left on a Tract unless it is next to a permanent dwelling. No sewer waste may be dumped or deposited on any Tract unless it is in an approved septic tank.”

The Board can only limit access beyond those restrictions. However, they can pass Rules which require notice of dates when they will be occupying their land with an RV.

With permanent residents not wanting any RV's and the rest absentee owners won't it be next to impossible to get such an amendment approved? If you want to try to amend the Declaration to extend the RV days to more than 60, I suggest picking only one - such as 90 days.

RogerB
MariannaG (Montana)
Posts: 2
Posted:
Roger, Thank you. I read your reply back in Feb. & then family swallowed me. I am happy for the interim, though, because in re-reading your answer I had a better understanding of what to do.

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