Trailer Storage

I have a friend who lives in a neighboring subdivision. Their restrictions have a provision that states trailers cannot be stored on a property for lengths greater than 48 hours. THe restrictions state stor age on ptopert is only allowed if kept in a garage. He has a car port.

He had a trailer attached to his truck that he uses every day. His vehicle is typically gone from 11am - 3am. He had recently got an enforcement letter. So he parked on a public street. He got another enforcement letter.

So the question is what is the general opinion of storage. Because his vehicle is in use does and the trailer is in constant use, do the restrictons imply storage?

My opinion is that it can be parked on the street but be subject to any county code. Parking in the driveway or car port is another story and I think one that would result in lengthy and costly litigation that, in my belief, would probably end in the association's favor.

Thoughts?

Unfortunately, the restriction is poorly worded and it's open to interpretation whether period movement of the trailer means it is being "stored".

The docs for my association are clearer, in that they say trailers can not be parked, and then notes allowed temporary exceptions.

I would agree that as far as keeping the trailer in the driveway most of the time would most likely be considered "storage" by a judge, but no telling what a given judge will decide on a given day.

I have no idea about the public street and whether the HOA CC's have any jurisdiction over them, my association has private streets so we could certainly enforce here.

Based on many other posts on this forum on this or very similar topics, I think you're right, PiTa.

The owner agreeing to "tougher" restrictions is the key. They agreed so they simply must live by what they agreed to.

Kevin,

As others have pointed out, Associations, via contractual agreement (i.e. the CC&Rs), may have regulations concerning parking on public streets for it's members. Dana pointed out a FL case. MARYLAND ESTATES HOMEOWNERS' v. PUCKETT, seems to be referenced in many cases in other States, and appears to be the basis for enforcing parking restrictions on public streets on Associations members.

This has been discussed a few times. See:

Subject: CA case law parking restriction on public street from 2013

Subject: Can HOA rules restrict parking on paublic street? from 2014

Subject: HOA Street Parking from 2012

Voluntary membership HOAs doesn't mean that the CC&Rs only apply to members.

It more typically means that there is little to no common area to take care of and the Association itself is more of a social club.
However, that Association may still have enforcement authority for violations of the covenants.

Good Morning Kevin, try this. Your states definition of a trailer is: "(89) TRAILER.—Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle".

Step 1. Have your friend contact the County or city that his property is located in, and request their code that will / will not allow the parking of trailers on public streets. If the code states it is illegal to park trailers on public streets, then this thread is mute.

Step 2. Have his HOA BOD, put in writing, (as they should have already done this if he received a violation letter), showing the exact verbiage in his CCRs, as to why he is in violation.

Most times, it is just like asking ten people in the same occupation, the same question. 99% of the time, you will get 10 different opinions. He needs to have his BOD put in writing, why they think, he is in violation and proceed from there. That is why States have legal definitions. So opinions are left at the door.

the only reason why I mentioned membership was that if it makes no mention of parking on a street but if an membership specific rule or restriction stated it that might make a difference for hhim.

When I spoke to my friend and gave him the feedback and information regarding his declaration he responded that he was going to pay to park his trailer elsewhere because as he put it, he "didn't want to cause any trouble" and he didn't have the resources to fight it.

He is under the impression that a neighbor of his keeps reporting him to both the HOA and the county because this was not the first issue he has had. He had county called out on him because his roommate's car crossed over a sidewalk and because he had a stack of trays sitting in his carport and they claimed he was conducting work out of his home. Because of this he didn't want to cause a fight and have more scrutiny placed on him.