JeffJ9 (North Carolina)
Posts: 1
Posts: 1
Posted:
Hi. I'm a HOA President in a small community (53 homes). We have a resident near the front entrance with an older camper in her driveway that is specifically prohibited by the Covenants. I noticed it this spring, but it was neatly tucked beside her house and no one had complained. Then this summer, it broke and was prominently in her driveway with the hood up for several weeks. Complaints came in. At one point it rolled into the street and almost completely blocked the road for a full day. Police were called but did nothing (I guess because she was actively working on it?) When I got home I gathered my kids and some neighbors and we pushed it back up her driveway. A couple of days later we had to do it again. I went over and talked with her about when it could be moved. She couldn't get it fixed and seemed to be slowly rebuilding the engine part by part. After somewhere around 2 months (our fines start after 90 days) and a couple of visits (during which time I helped her find mechanics and/or neighbors who know something about engines), she finally got it working and moved it off-site.
Over Thanksgiving, the camper reappeared in her driveway. My impression is that someone is living in it, although she denies that. I waited about a week to make sure it wasn't just visiting, then emailed he to ask to speak about the camper, hoping to find out if there was some extenuating circumstance justifying its presence and discuss a removal timeline. She replied saying she was being singled out and harassed and that she had spoken to lawyers; she was not moving it because there were commercial vehicles parked in the neighborhood which are also prohibited. Her argument is that enforcement is being applied unfairly.
This is the first time the commercial vehicle issue has come up in my tenure. The covenants provide no definitions. There is a state and a county truck (homeowners work on call), a passenger car with a Geico wrap, and a van that appears to belong to a painter (no signage on the van). I talked to people at the city, county, and state DMV and got 3 different definitions of a commercial vehicle. She is using a very broad definition from an insurance website. I've read a great many discussions here about the issues with commercial vehicle clauses. Furthermore, at least 2 of these owners are original residents from 20 years ago who I believe had a hand in writing the covenants. (The section that applies to all this is below.)
So what is the question? I guess there are a few.
1- Does she have a a case? Have I somehow harassed her or treated her unfairly? She's threatening to sue the HOA as well as anyone who complained about her camper for harassment, but those people were just asking that she abide by the neighborhood covenants; personally I tried to treat her with respect and kindness the way I would want to be approached if I had the same crisis.
2- I'm willing to look at the commercial vehicle issue now that someone has filed a complaint, but it seems completely vague. I feel like I've seen on here that vague language within covenants are legally unenforceable.
3- A lawyer friend tells me that compliance with a rule is not dependent on enforcement of other rules, so she has no legal footing.
4- She's knowingly flouting the rules, but she's clearly angry, so hitting her with a fine may still result in legal action, which isn't worth it. We are a small neighborhood that collects enough to pay the water/electric, maintain the front entrance, and have a few neighborhood socials. Furthermore, the previous board went power mad and, among other wastes of money, hired a CPA to recreate the last 8 years of finances (we have no assets) and a lawyer to sue one of the past treasurers over some 8 year old missing pizza receipts. had to have a special meeting to kick them out. Which is a long way of saying the neighborhood has neither the cash nor the appetite to get involved in legal action.
Personally, I don't care is she has a camper or if people need to park the vehicles they use to make a living, but I do try to abide by the rules as written.
Would love to get thoughts on how best to proceed. Thanks in advance.
"6. PARKING; DRIVEWAYS AND PARKING PADS: ABANDONED VEHICLES.
...
No mobile house trailer (whether on or off wheels), vehicle or enclosed body of the type which may be placed on or attached to a vehicle (known generally as "campers"), or commercial vehicle of any kind shall be parked on the street within the subdivision, nor shall any such vehicle be parked or kept on any Lot. Furthermore, no boat or boat trailer shall be parked on the street within the subdivision. A boat and/or boat trailer may be parked or kept on a Lot if it is parked or kept in such a manner that the vehicle is screened from the street. Screening may be either by fence or plantings, but, in any case, the screening must comply with the Raleigh Zoning Ordinance and be approved pursuant to Paragraph 18 of these Covenants. No tractor trailer trucks or cabs shall be parked on any street or Lot within the subdivision.
No vehicle of any type which is abandoned or inoperative shall be stored or kept on any Lot in such manner as to be seen from any other Lot, any street within the subdivision; and no
automobiles or mechanical equipment may be dismantled or allowed to accumulate on any Lot."
Over Thanksgiving, the camper reappeared in her driveway. My impression is that someone is living in it, although she denies that. I waited about a week to make sure it wasn't just visiting, then emailed he to ask to speak about the camper, hoping to find out if there was some extenuating circumstance justifying its presence and discuss a removal timeline. She replied saying she was being singled out and harassed and that she had spoken to lawyers; she was not moving it because there were commercial vehicles parked in the neighborhood which are also prohibited. Her argument is that enforcement is being applied unfairly.
This is the first time the commercial vehicle issue has come up in my tenure. The covenants provide no definitions. There is a state and a county truck (homeowners work on call), a passenger car with a Geico wrap, and a van that appears to belong to a painter (no signage on the van). I talked to people at the city, county, and state DMV and got 3 different definitions of a commercial vehicle. She is using a very broad definition from an insurance website. I've read a great many discussions here about the issues with commercial vehicle clauses. Furthermore, at least 2 of these owners are original residents from 20 years ago who I believe had a hand in writing the covenants. (The section that applies to all this is below.)
So what is the question? I guess there are a few.
1- Does she have a a case? Have I somehow harassed her or treated her unfairly? She's threatening to sue the HOA as well as anyone who complained about her camper for harassment, but those people were just asking that she abide by the neighborhood covenants; personally I tried to treat her with respect and kindness the way I would want to be approached if I had the same crisis.
2- I'm willing to look at the commercial vehicle issue now that someone has filed a complaint, but it seems completely vague. I feel like I've seen on here that vague language within covenants are legally unenforceable.
3- A lawyer friend tells me that compliance with a rule is not dependent on enforcement of other rules, so she has no legal footing.
4- She's knowingly flouting the rules, but she's clearly angry, so hitting her with a fine may still result in legal action, which isn't worth it. We are a small neighborhood that collects enough to pay the water/electric, maintain the front entrance, and have a few neighborhood socials. Furthermore, the previous board went power mad and, among other wastes of money, hired a CPA to recreate the last 8 years of finances (we have no assets) and a lawyer to sue one of the past treasurers over some 8 year old missing pizza receipts. had to have a special meeting to kick them out. Which is a long way of saying the neighborhood has neither the cash nor the appetite to get involved in legal action.
Personally, I don't care is she has a camper or if people need to park the vehicles they use to make a living, but I do try to abide by the rules as written.
Would love to get thoughts on how best to proceed. Thanks in advance.
"6. PARKING; DRIVEWAYS AND PARKING PADS: ABANDONED VEHICLES.
...
No mobile house trailer (whether on or off wheels), vehicle or enclosed body of the type which may be placed on or attached to a vehicle (known generally as "campers"), or commercial vehicle of any kind shall be parked on the street within the subdivision, nor shall any such vehicle be parked or kept on any Lot. Furthermore, no boat or boat trailer shall be parked on the street within the subdivision. A boat and/or boat trailer may be parked or kept on a Lot if it is parked or kept in such a manner that the vehicle is screened from the street. Screening may be either by fence or plantings, but, in any case, the screening must comply with the Raleigh Zoning Ordinance and be approved pursuant to Paragraph 18 of these Covenants. No tractor trailer trucks or cabs shall be parked on any street or Lot within the subdivision.
No vehicle of any type which is abandoned or inoperative shall be stored or kept on any Lot in such manner as to be seen from any other Lot, any street within the subdivision; and no
automobiles or mechanical equipment may be dismantled or allowed to accumulate on any Lot."