covenant interpretation???

Started by LindaA1 • 6 replies • 1240 views

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LindaA1 (New Hampshire)
Posts: 25

Posted:

"No mobile homes, trailers, recreational vehicles or similar temporary or movable vehicle or structure shall be used for residential purposes on any home lot or permitted to remain on any Home lot, provided that recreational vehicles may be kept on home lot if the vehicles are not used or resdential purposes while on the Home Lots and provided that a trailer or shed used only for consruction purposes may be placed on home lot during active construction thereon for a period not to exceed six months".

What does this mean?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Linda,
Like a lot of things in this world not all are without fault.
I believe they mean to say, you can't use any of the items to live in while they are parked on lot. If you are construicting a home and wish to have a construction shed, that is ok for six months but you can't live in it or any one the above. Does it mean that you can only put a shed up for six monthe? Yes. Does it mean you can have a trailor, etc, there during construction? As long as you don't live in them.

Sometimes when you read documents that have been transcribed a mistake is made and it makes things difficult. You may try going to courthouse and get a copy of your CC&R's and maybe see the original if it hasn't been redone in it's entirity. You may find just exhibits listed or changes listed and the original is unchanged.

LindaA1 (New Hampshire)
Posts: 25

Posted:

Thanks, Robert....This is the original...We are about to impose fines for all of our covenants and the issue is actually, does this mean a homeowner may or may not store a camping trailer/RV on lot.

TracyT (Maryland)
Posts: 228

Posted:

"provided that recreational vehicles may be kept on home lot if the vehicles are not used or resdential purposes while on the Home Lots"

It looks like it as long as its not used as a residence . . .

RogerB (Colorado)
Posts: 5,067

Posted:

Linda,
The wording is ambiguous and may have to be determined by a court. The question is how does one interpret the reason for the comma at the end of this phrase -
"No mobile homes, trailers, recreational vehicles or similar temporary or movable vehicle or structure shall be used for residential purposes on any home lot or permitted to remain on any Home lot, ......"

One could argue that what follows the comma is meant to only apply during construction. But a judge might not agree.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

I would agree to what Tracy says and bow to Roger for his advice. If it helps any, and you run into trouble, just tell them Robert and Tracy says you can do it and Roger says it may have to be decided in court.(

) I think I might, if it were me, change the wording to express the desires of the Owners and change the original document. Distribute to members that this particular requirement is being re=written and when the official changes are made, they will be inforced by the Regime. And while you are at it, make any other changes that need to be made.

LindaA1 (New Hampshire)
Posts: 25

Posted:

I appreciate everyone's opinion. I also feel that this should be rewritten in concise language and voted on by all. It seems risky to start assessing owners for something this unclear. Most with camping trailers/RVs are very discreet and actually purchased property because they felt this particular covenant approved of storage.

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