Canoe vs boat

we have rule that states:

Recreational vehicles, which include but ar not limited to boats, trailers, campers and motor homes, may be stored or parked only in a garage, and shall at all times be kept in a clean and slightly condition.

We have a homeowner with a canoe against his fence in his back yard. Another neighbor happen to see this and complained. I did look at it and it was not distasteful. my question is , is a canoe fit into this catagorie? I know it talks about boats, but a boat to me is a watercraft that has a motor.

your take on this?

Is the rule in the CCRs/deed restrictions, or just a rule passed by the board? If it is a board rule, then it's up to the board to clarify and/or enforce, and the board would have the power to modify.

Even if is in the CCRs, the board can pass resolutions/rules that clarify how the CCRs will be interpreted if there is ambiguity. If the board feels that the canoe is ok, they might be able to clarify that for purposes of enforcement, a "boat" will be a vessel that requires registration with the state, which in many states is only motor boats.

Of course, if this ever ends up in court, it's hard to say what the outcome would be. You could always get an opinion from the association attorney.

What do all of the above have in common? Wheels. Canoes do not have wheels. If stored "out of sight" there should be no issue.

I would rewrite the CC&R's to say watercraft not just boats, because jet ski's and Seadoo's are types of boats as well. You are
going to have some noodle with a Catamaran stow it in his driveway and pitch a fit and say it's not a boat.

I have a Canoe, I could stow it in the garage, but I don't have enough room with two vehicles to hang it from the ceiling, so It's in the backyard sitting on
2 saw horses covered with a tarp. Unless Superman walks the community you cannot see it through a 6' blackball.

I could very well be that the owner is drying it out, but that's my opinion, boat and watercraft legally mean two different things..

Did you have to look over the fence to see the canoe? Is it a chain link fence? Is the canoe visible without looking over a privacy fence? I need more info.

Here is some info:

7 Differences Between a Ship and a Boat From Marine Insight

What is the Difference Between a Boat, a Ship and a Vessel? from The Shipping Law Blog

Westlawn Institute of Marine Technology Definitions of: Boat, Yacht, Small Craft, and Related Terms

Military Terminology: Ship vs. Boat

Bottom line: The canoe is a boat.

It doesn't matter what your state says. Your CC&Rs say "boats" which must include all vessels that move on the water.

Doesn't matter what the state says...really??

Part of my job for the past 10 years is to enforce governing documents on behalf of the Associations that employ. Part of that task is also being able to interpret their meaning and possibly the intent in the language of the documents. If we can't come to a consensus, we take it to a higher authority.

In this instance, people here are making a mountain out of a molehill. The issue is the canoe was viable from the common area, PERIOD. If it had been stored laying on its belly out of view from the common area, what would the issue be. Something similar would be sheds. Governing docs that do allow them will generally have certain specs, either not visible from the common area or no taller than a certain height, why, uniformity. Isn't that what HOA's are, uniform?

In regards to the comment on wheels, here is his passage "Recreational vehicles, which include but are not limited to boats, trailers, campers and motor homes, may be stored or parked only in a garage, and shall at all times be kept in a clean and slightly condition". All of those vehicles are on wheels, and some supported with trailers. Outside of a trailer holding jet skis, I can't see storing ANY of the other vehicles in a garage, can you? It also has the word "may" and not "shall".

Sorry, IMO, this is piss poor language to try and enforce!

I would ask the owner is lay it on its belly, out of sight and be done with. There are bigger fish to fry and I believe the OP was alluding to that.

Neighbor has to look over fence to see it.

Exactly. The CC&Rs contain a definition. It doesn't matter if there is a different definition in a dictionary or in international law or state law.

Also- the wording includes the phrase "not limited to" which means the board COULD decide some other type of recreational equipment must also be stored in a garage.

By the way, I believe the language "may...only" is equivalent to "must".

And it is my further opinion that a kayak is also a boat.

I also not a boat expert, but on or off a trailer, you not going to store 99% of the boats I see in a garage and I don't think most are going to fit in a pool. I once had a kayak and it would fit either in the garage or in the backyard, well out of view.

"exactly how is that canoe propelled??? "

manual man power.

YEP ... using oars!!! Therefore, it is a boat to answer your question.

You could argue this all day and I'm sure anyone can find a definition on the internet to support their claim. I would guess that a judge would follow the state code definition if a definition is not in the CC&Rs but we are all just guessing.

The best thing would be to talk to a lawyer in your jurisdiction to get an idea how a judge would determine the definition.

By the way, under the Tennessee code for Waters, Waterways, Drains And Levees, 69-9-204 a canoe is a boat.