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GlenM4 (Tennessee)
Posts: 141
Posted:
I would like to allow recreational vehicles to be parked in the driveway. Currently the rules say this.

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

I want to add "or on a driveway" after garage.

How ever , clean and sightly condition seems like it would be hard to enforce. So how would you write up this rule to make sure it could be enforced?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GlenM4 on 09/19/2018 3:18 PM
I would like to allow recreational vehicles to be parked in the driveway. Currently the rules say this.

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

I want to add "or on a driveway" after garage.

How ever , clean and sightly condition seems like it would be hard to enforce. So how would you write up this rule to make sure it could be enforced?

Is this restriction a Rule or in the Covenants/Bylaws?

To me, it is a first step in making the neighborhood look tacky.
GlenM4 (Tennessee)
Posts: 141
Posted:
CCRs maybe but half of the houses all ready do it, and rules say they are grandfathered in.. so might as well let anyone.. but back to how to word it.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
No, back to what the CCRs say.

You’ve said rules twice ... what do the CCRs say, and then, do they allow Rules and Regulations, and then what do the Rules and Regulations say?

I would NEVER support allowing what you propose, however, if the CCRs can be changed, then it is up to the community.
GlenM4 (Tennessee)
Posts: 141
Posted:
thats what the CCRs say, when i say rule, i am talking about the rule in the ccr that i posted up top. not rules and regulations.

Also what so bad about boats and RV's
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What is bad about keeping RV's, Boats, and Recreational vehicles in the driveway? First off, your own words... How do you enforce something being "clean" and in "good shape"? Not sure about you, but not all of these type of vehicles are of the "pretty" type.

RV's kept in the front yard kind of brings visions of "National Lampoon Vacation". Kind of where you keep the relatives you don't want living with you. Even if it's empty and there for storage, it could attract vagrants, thieves, or critters. They aren't necessarily conveying of beauty and attractiveness when one looks at yours or neighbor's houses.

Boats are just sinking vessels of money. If you remember correctly, it's where they found one of the suspects of the Boston Marathon bombings. Again another place where someone can hide...

Recreational vehicles kind of whiff of "Rednecks" live here. Living in Alabama, to see a 3 or 4 wheeler in the drive means family has arrived... They are usually muddy and loud.

Considering your HOA is to keep homes ATTRACTIVE to potential buyers, how do ugly Recreational Vehicles hide? Hence why you got the rule to keep them to the backside...

Former HOA President
GeorgeR8 (Arizona)
Posts: 182
Posted:
Quote:
Posted By GlenM4 on 09/19/2018 3:35 PM
CCRs maybe but half of the houses all ready do it, and rules say they are grandfathered in.. so might as well let anyone.. but back to how to word it.

At least over time the grandfathered will die off or move. I can't believe "so might as well let anyone" is even being discussed.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Sounds simple, then.

Whatever percentage is required for CCR changes has to be met.

Two of my hopes:
1. The percentage is high enough to preclude the change you mention
2. Your BoD starts doing their job to enforce the CCRs
GlenM4 (Tennessee)
Posts: 141
Posted:
There is a neighbor hood just next to ours. its a really nice neighbor hood, houses around 400 - 550k They allow boats and it does not hurt the look to there community.

@george

#1 i dont see why you care what our community votes?
#2 who says the board is not doing there job?

GlenM4 (Tennessee)
Posts: 141
Posted:
@melissa

RV's would not be allowed on the yard only talking about driveways. You can not live there, nor stay in it. There is alot of nice RVs ones you describe is ones i do not want in drive ways , thus why i am asking best way to word this. i want to keep the clean and sightly condition.

Boats, dont matter if its a money pit...nor does taking in consideration that a uni bomber might hide in it. lol

This is Tenn but for 4 wheeler or what ever it would have to be once again sightly and clean. and on a trailer.

One thing that attracted me here was the rule first said "or on the driveway" Which was good cause i wanted a pair of jetskies.. by time summer came around and i was ready to buy, they developer changed the CCRs which ment i could not keep the jetskies in the drive way if i wanted. Now in our subdivision we all have really long driveways you could fit a simi truck down it and still have room.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Glen,

Didn’t you say others are already violating the CCRs?

If they are and the BoD isn’t addressing the violations, it would seem they aren’t doing the job the were elected to do, right?
GlenM4 (Tennessee)
Posts: 141
Posted:
No I said others have them all ready and cant do anything cause they are grandfathered in
GeorgeS21 (Florida)
Posts: 3,808
Posted:
How does that ne get grandfathered wrt CCRs?

The grandfathering component would have to be in the CCRs - unless there was a change made in the original CCRs to allow grandfathering?
GlenM4 (Tennessee)
Posts: 141
Posted:
orgninal CCRs
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By GlenM4 on 09/19/2018 3:18 PM
So how would you write up this rule to make sure it could be enforced?

We're in the process right now of changing our rules to allow parking of RVs and such in driveways for up to 4 hours. To enforce it you'd need some sort of evidence that a violation was committed. Timestamped photos would work. So would 2 or 3 homeowners claiming they saw it there for an excessive number of hours on such and such a day. Time-limit things can be tricky. If you've got a property manager driving around looking for violations once in awhile then are they going to come back hours later to see if it's still there? Probably not. I think you have to rely on eyewitnesses and pictures. Maybe video if that's an option.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
OK - so original CCRs grandfathered some original members of the community to allow them to store their RVs, boats, trailers, etc in their driveways?

Given this, it sounds like a divisive circumstance was created from the beginning ...hmmm ... hard to argue what is ok for some should be for all.

If you can get the votes, just modify the CCRs and provide specifics about condition to ensure cleanliness etc. you could put age limits on the vehicles, the trailers, the boats, etc. Maybe specify no maintenance to exceed four hours. Something to ensure wheels aren’t removed.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I do not know how your going to enforce a clean or good appearance rule. I don't think every RV is pretty new or old. Plus the same with other recreational vehicles. It's just way to subjective. Hence why they are banned in the first place. I've been to plenty of RV shows and they make Recreational vehicles a few miles down the road. Some of them wouldn't put on display. Can't imagine a whole group of people deciding "Is my RV/Recreational vehicle clean or pretty enough?

Former HOA President
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Whoops ...

My last should say, “Given this, it sounds like a divisive circumstance was created from the beginning ...hmmm ... hard to argue what is ok for some should NOT be for all.“
SueW6 (Michigan)
Posts: 814
Posted:
I am assuming you are in a recreational association, so might as well get some structure to what has been going on for years. you don't want to be perceived as a junk yard or parking lot, either.

I suggest:

Recreational vehicles may be stored or parked in homeowner's driveway or stored in the garage. "Recreation Vehicles" is described but not limited to a boat, trailer or motor home. All vehicles and trailers need to be kept in a clean and sightly condition and have a valid license plate or other valid registration and be insured in the homeowner's name.

LetA (Nevada)
Posts: 2,679
Posted:
Be careful!!!! Many HOA's don't want RVs, Trailers, Boats, Toy Haulers etc parked in driveways or in the street because they are an eyesore and detract from community cohesion.. Recently a family won a court case against an HOA because the homeowner parked an MiniWinnie in their driveway because one of the residents has chronic incontinence and needs a loo everywhere they go. Another case, the homeowner has 2 children with disabilities that are in hospital beds. They park a converted 16 passenger bus in the street to transport the children. People are starting to invoke disabilities to get a variance.
RoyalpitA
Posts: 195
Posted:
..... i am talking about the rule in the ccr .....


..... i am talking about the RESTRICTION in the ccr .....
RoyalpitA
Posts: 195
Posted:
Recreational vehicles, which include but are not limited to boats, trailers, and motor homes, may be stored or parked in a garage or on the owner's driveway and shall at all times be kept in a state of proper repair. Said vehicles shall NOT be stored or parked in or on the roadway.
RoyalpitA
Posts: 195
Posted:
addition:

Recreational vehicles, which include but are not limited to boats, trailers, and motor homes, may be stored or parked in a garage or on the owner's driveway and shall at all times be kept in a state of proper repair. Said vehicles shall NOT be stored or parked in or on the roadway, nor upon any lawn or grassy surface.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By RoyalpitA on 09/22/2018 7:16 PM
addition:

Recreational vehicles, which include but are not limited to boats, trailers, and motor homes, may be stored or parked in a garage or on the owner's driveway and shall at all times be kept in a state of proper repair. Said vehicles shall NOT be stored or parked in or on the roadway, nor upon any lawn or grassy surface.

I would correct that to read:

Recreational vehicles, which include but are not limited to boats, trailers, and motor homes, may be stored or parked in a garage or on the owner's driveway and shall at all times be kept in a state of proper repair. Said vehicles shall NOT be stored or parked in or on the roadway, upon common areas, nor elsewhere on the individual property.

(an argument can be made that lawn and grassy areas were excluded but not gravel, or dirt)
RoyalpitA
Posts: 195
Posted:
true

demonstrates the complexity of 'rule writing'

ND (PA)
Posts: 792
Posted:
The original rule is silly: "recreational vehicles . . . may be stored or parked only in a garage and shall at all times be kept in a clean and sightly condition."

If requirement is to store them in a garage, why is there an additional requirement to keep them clean and sightly. The idea of requiring garage storage is so they can me kept out of sight. Who then cares is they are dirty and/or unsightly . . . it's nobody else's business or problem. Must the tractor that is also stored in the garage, and garden tools, and passenger vehicles, and whatever else is in there also be kept in a clean and sightly condition at all times??

With all that said, care must be taken with the term "recreational vehicle". The DOT officially classifies recreational vehicles (RVs) into Classes A, B, and C. It seems like in this case, the term "recreational vehicle" is being confused or muddled with vehicles used for recreation (e.g., boats, trailers and trailer-mounted items, motor homes, etc.).

In addition to what folks have said above, you need to give serious thought to what you want to be seeing in driveways and be as specific as necessary to include and exclude what you do and don't want to allow in driveways . . . but where does it end? This is the complexity that is opened up by allowing things to be stored in driveways. And the phrase "include but not limited to" allows way too much interpretation and gray area. Not a good idea in my opinion.

Will you allow any/all of the following: recreational vehicles, motor homes, mobile homes, conversion vans, campers, truck campers, pop-up campers, travel trailers, caravans, 5th wheels, commercial passenger and school buses, mini/tiny homes, boats, yachts, jet skis, waverunners, snow mobiles, ATVs, bobcats, gators, construction equip, utility trailers, etc., etc., etc.

Finally, the suggestion to include phrasing ". . . kept in a state of proper repair" could also be confusing, vague, and open to varied interpretation. I've heard of a "state of good repair" which has differing connotations based on the perception of an individual. Being in a state of good repair may simply mean that it is of satisfactory condition and functions for its intended purpose regardless of how it looks; however, if your main concern is with an item's appearance, then it could not function at all while still looking great.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
ND,

Actually, it can be others' business if the rules/CCRs state that it is.

Second - trashy looking garages in neighborhoods that are dense can affect everyone's enjoyment and property values.

I think the issue with RVs, etc, is that they are RVs ... and there are many egregious examples of what happens when these things start filling driveways and garages ...
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By GlenM4 on 09/19/2018 3:18 PM
I would like to allow recreational vehicles to be parked in the driveway. Currently the rules say this.

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

I want to add "or on a driveway" after garage.

How ever , clean and sightly condition seems like it would be hard to enforce. So how would you write up this rule to make sure it could be enforced?

Hi Glen,

The omission of "or on a driveway" is not an oversight of the by-laws, it's purposeful. You might have better luck in simply trying to eliminate the rule completely.

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