Prohibition of motorcycles

Started by JohnH38 • 5 replies • 1234 views

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JohnH38 (South Carolina)
Posts: 100

Posted:

Our CC&Rs prohibits motorcycles on the Property (gated community) except with the written permission of the Declarant only (the developer that recorded the CC&Rs/deed with the county).

Written permission to only tow and garage the motorcycle: viz. The rubber doesn't meet he road. The Declarant reserves the right to "amend" the CC&Rs until January 1, 2025.

The rogue and dysfunctional board members and the PMC do not enforce the many violations.

What will happen after January 1, 2015? Will the prohibition be ad aeternam, unless and until 2/3 of the owners vote to eliminate the clause? Never going to happen (!).

Best for now, John

PS

FAQ: Is removing a clause amending the CC&Rs, or is amending only adding a new clause that doesn't conflict with existing ones.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Amending any document is the act of changing the document.

Adding things is an amendment
Deleting things is an amendment.

From Merriam-Webster:

a: to change or modify (something) for the better : improve amend the situation
b: to alter especially in phraseology; especially : to alter formally by modification, deletion, or addition amend a constitution

JohnH38 (South Carolina)
Posts: 100

Posted:

Tim

Deletions ought to be "for the better" otherwise you have an oxymoron.

Is deleting the motorcycle prohibition for the better?

If so why is it in the CC&Rs accepted by all in the first place!

Best for now, John

SheliaH (Indiana)
Posts: 6,964

Posted:

Is your community still under the developer's control? If so, you'll have to wait until 2025 when the community is turned over and then rally together your neighbors to change it. Unless, of course, you can persuade them to change that part of the document...However, if the community has already been turned over, the homeowners can vote to amend the documents, which as Tim stated, could involve deleting some things adding others and amending the rest. At a minimum, your community might want to have all references to the developer (aka declarant) deleted.

You didn't ask a question here, which is ok because sometimes people need to vent. You should also remember the property manager works for the association and takes his/her direction from the Board, so if you're unhappy with the property manager's performance, take that up with the board (who also oversee rule enforcement). If you're upset with the Board itself, run for a spot and if elected, see what you can do to persuade them to take a look at the documents - I'm sure there are other things that might need a look, although you may want to poll your neighbors to see if anyone else is upset about the motorcycle prohibition besides you.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I know of one gated HOA in SC (initials are DW) that does not allow motorcycles even if driven by a visitor. I expect any amendment to modify such would go down in flames.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By JohnH38 on 04/30/2017 10:32 AM
Tim

Deletions ought to be "for the better" otherwise you have an oxymoron.

Is deleting the motorcycle prohibition for the better?

If so why is it in the CC&Rs accepted by all in the first place!

Best for now, John

Depends on what the HOA MEMBERS determine. While most CCR's will have provisions in place each HOA via their documents and each State via their State Laws allow for changes to the CCR's as long as agreed to my the majority of members. In many cases it takes larger than just a majority because of the fact that what was agreed to in advance is supposed to be difficult to change later. But it does not nullify the fact that change is possible no matter what was accepted in the first place.

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