JustinC3 (Michigan)
Posts: 8
Posts: 8
Posted:
First i would like to state there is a definition page for terms in our cc&r's
on this page it defines limited common use property as the area in the plot plan that is not the structure.
I understand this to mean everything that is not your house.
One of our rules state that homeowners should not use the limited common use area for storage of trash, building materials, personal property or obscene materials.
I with about 25 other members we're fined for violation of this rule. We were told we were in violation of this rule for having our campers / boats / trailers in our backyard. for The record, city ordinance says they are allowed on your property but must be behind the front of your house. There is no other rule at all that limits objects like these.
The definition page has no definition for the terms used in that rule outside of the one that I pointed out. I and my neighbors have challenged this rule stating it does not say no campers / boats / trailers. They state that it qualifies as personal property. I challenge that this is selective enforcement. Since there is no definition of personal property in the definitions page I argue you have to go by the legal definition which states personal property is any movable object that you own. i also use the defintion of storage as any object that is in a place for future us. i challenge that in order to enforce this rule they must fine every person who has a grill out side or trash cans next to the garage or a car and their driveway.
When I bought the house the current homeowner had a trailer he used for work next to the garage in the area that is considered the backyard. As I drove through the neighborhood multiple people had trailers and campers in their backyard. After the first year and talking with my neighbors and being told by the company who manages our HOA that we must follow the city ordinance, i bought a boat.
i was never given a copy of our rules when we moved in. I called multiple times asking for a copy he was told we would be giving them at closing. This is my first time deal with an HOA. In order to close on the house we had to sign that we received them even though we did not, (mistake, i know). After moving in I called multiple times to get a copy sent and it was never sent. The third time I called I asked what the rule was and that's when I was told to follow city ordinance. For the record the HOA manager we had was found to be negligent in his job even to the extent of embezzling money and is no longer with the company.
Fast forward six years later for the first time since I've lived here with a new board president they're einforcing this rule but only on boats, trailers and campers. We have rules that specifically State you cannot have a pool that can be seen from the road, it must be blocked by Shrubbery or privacy fence. I can see three from my front door. These rules have not and have never been enforced. I have asked other neighbors have they ever heard of them enforcing the rule on boats, trailers and or campers. One neighbor who's been here 13 years has had a camper and never had an issue another has been here 17 years and has never had an issue.
do i have any leg to stand on. our rules state they must have 66% to change a rule. over 34% of us are in violation and many more dont have an issue with them. the new hoa president kept a snowmobile trailer in his drive way till last year which is a violation of city code. With the attorney present we have a meeting next week. I'm prepared to challenge that they cannot selectively enforce this rule. The either have to not enforce it at all or enforce it to the full extent fineing every person who has a vehicle in the driveway. Every house here has more Vehicles than can fit in the garage except for a handful.
My thought process is, if they fine everybody with a vehicle people will vote the change the rule. Since they don't have the necessary numbers no new rule would be voted in limiting boats or trailers or campers.
thanks for ypur help
on this page it defines limited common use property as the area in the plot plan that is not the structure.
I understand this to mean everything that is not your house.
One of our rules state that homeowners should not use the limited common use area for storage of trash, building materials, personal property or obscene materials.
I with about 25 other members we're fined for violation of this rule. We were told we were in violation of this rule for having our campers / boats / trailers in our backyard. for The record, city ordinance says they are allowed on your property but must be behind the front of your house. There is no other rule at all that limits objects like these.
The definition page has no definition for the terms used in that rule outside of the one that I pointed out. I and my neighbors have challenged this rule stating it does not say no campers / boats / trailers. They state that it qualifies as personal property. I challenge that this is selective enforcement. Since there is no definition of personal property in the definitions page I argue you have to go by the legal definition which states personal property is any movable object that you own. i also use the defintion of storage as any object that is in a place for future us. i challenge that in order to enforce this rule they must fine every person who has a grill out side or trash cans next to the garage or a car and their driveway.
When I bought the house the current homeowner had a trailer he used for work next to the garage in the area that is considered the backyard. As I drove through the neighborhood multiple people had trailers and campers in their backyard. After the first year and talking with my neighbors and being told by the company who manages our HOA that we must follow the city ordinance, i bought a boat.
i was never given a copy of our rules when we moved in. I called multiple times asking for a copy he was told we would be giving them at closing. This is my first time deal with an HOA. In order to close on the house we had to sign that we received them even though we did not, (mistake, i know). After moving in I called multiple times to get a copy sent and it was never sent. The third time I called I asked what the rule was and that's when I was told to follow city ordinance. For the record the HOA manager we had was found to be negligent in his job even to the extent of embezzling money and is no longer with the company.
Fast forward six years later for the first time since I've lived here with a new board president they're einforcing this rule but only on boats, trailers and campers. We have rules that specifically State you cannot have a pool that can be seen from the road, it must be blocked by Shrubbery or privacy fence. I can see three from my front door. These rules have not and have never been enforced. I have asked other neighbors have they ever heard of them enforcing the rule on boats, trailers and or campers. One neighbor who's been here 13 years has had a camper and never had an issue another has been here 17 years and has never had an issue.
do i have any leg to stand on. our rules state they must have 66% to change a rule. over 34% of us are in violation and many more dont have an issue with them. the new hoa president kept a snowmobile trailer in his drive way till last year which is a violation of city code. With the attorney present we have a meeting next week. I'm prepared to challenge that they cannot selectively enforce this rule. The either have to not enforce it at all or enforce it to the full extent fineing every person who has a vehicle in the driveway. Every house here has more Vehicles than can fit in the garage except for a handful.
My thought process is, if they fine everybody with a vehicle people will vote the change the rule. Since they don't have the necessary numbers no new rule would be voted in limiting boats or trailers or campers.
thanks for ypur help