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CathiD (Arizona)
Posts: 1
Posted:
We moved into our house in February of 2006. When we bought the home we had and still have a 27ft toyhauler trailor. Before we bought the home we asked our realtor if we were aloud to park our trailor in our back yard. Our lot in just under a 1/2 acre. Our realtor told us that it is fine and that alot of other homeowners were doing the same and the association has never enforced that we can not park them there. Now we have lived here 1 year and 7 months and the association is sending out letters stating that they are going to start enforcing the CCR's and that we are no longer aloud to park our trailor in our back yard. I was under the impression that if CCR's were not enforced in a certain time frame that they become unenforcable. I would love some insight on this subject as they are calling an association meeting next week and would like to know my rights. Thanks for any input!!
LarryM3 (California)
Posts: 37
Posted:
Cathi,
Please don't rely on what your realtor told you. They just usually look for their commission. You are responsible to abide by your HOA documents. Please read them ! In many of the documents there are no time constraints for association regulations to be in effect.
Read your documents, if you are fined there should be a provision for a hearing with the board (if so requested). Sometimes you get a new board that takes things serious. Some boards don't do much....
Good Luck, Larry
RogerB (Colorado)
Posts: 5,067
Posted:
Cathi, if your trailer is in violation of the CC&Rs the HOA can enforce them. Your trailer is portable; it is not a permanent fixture. Your real estate agent was ignorant of this restriction; or did not tell you the truth; or you miscommunicated.
JoeW1 (New York)
Posts: 728
Posted:
Quote:
Posted By RogerB on 09/16/2007 8:14 PM
Cathi, if your trailer is in violation of the CC&Rs the HOA can enforce them. Your trailer is portable; it is not a permanent fixture. Your real estate agent was ignorant of this restriction; or did not tell you the truth; or you miscommunicated.

CathiD - Your first hint that parking the trailer in the yard was an issue should have been when your Realtor said the HOA never enforces the cc&r. Not enforcing the cc&r is different than there not being a restriction.

The HOA should not make an exception for you or anyone else because someone, in your case a Realtor distorted the truth. Your complaint, if any would be with the Realtor's broker of record, not the association.

I guess you've learned a valuable lesson in that it is your responsibility to request a copy of the cc&r's and governing documents prior to purchase to make informed decisions.
DonnaS (Tennessee)
Posts: 5,671
Posted:

On the downside of being in a restriction controlled community is that you have to follow the cc&rs. When you buy into any community like that, at closing you should have signed a paper, stating that you read and understand those restrictions. That means you will follow them or suffer the consequences of enforcement. It sounds like your realtor did a really poor job of disclosure. And if you lived in Florida prior to this, surely you must have known about c c and r's. That's the Florida normal to have them.
DaneC (California)
Posts: 210
Posted:
Can you arrive at a compromise, say put it in a shed? What do your CC&R's say about sheds, do you need approval from an ARC (Architectural Review Committee)? Does the Association have one?

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