MichelleL9 (Utah)
Posts: 3
Posts: 3
Posted:
Has anyone dealt with an owner arguing that a a regulation that requires RV's and equipment be stored behind a screened gate/fence does not apply to the trailer used to haul his ATV's?
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Regs interpretations
Started by MichelleL9 • 9 replies • 613 views
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ND (PA)
Posts: 792
Posts: 792
Posted:
Probably . . . maybe not the exact same situation, but probably similar.
To try and help you though:
What's the regulation verbatim from your documents?
What's the owner's verbatim argument?
What exactly are you looking for from this community?
To try and help you though:
What's the regulation verbatim from your documents?
What's the owner's verbatim argument?
What exactly are you looking for from this community?
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Welcome to the Forum, Michelle. With ND, what's the exact wording of your regulation? Are you sure it's a "regulation," or could it be part of your CC&Rs? (aka: covenants, declaration, deed restrictions).
"Rules & Regulations" usually can be changed fairly easily by the board of directors. In other words, if this is only a "regulation," and it only specifies "RVs" and "equipment' (what does "equipment" mean?), the regulation could be expanded to include other vehicles. But that depends of your board and other things too.
"Rules & Regulations" usually can be changed fairly easily by the board of directors. In other words, if this is only a "regulation," and it only specifies "RVs" and "equipment' (what does "equipment" mean?), the regulation could be expanded to include other vehicles. But that depends of your board and other things too.
MichelleL9 (Utah)
Posts: 3
Posts: 3
Posted:
"All recreational vehicles shall be parked inside a garage or in a location screened from the street." No clarifications in the Rules or Regulations have been made.
MarkW18
Posts: 1,290
Posts: 1,290
Posted:
Quote:
Posted By MichelleL9 on 10/24/2019 9:34 AM
Has anyone dealt with an owner arguing that a a regulation that requires RV's and equipment be stored behind a screened gate/fence does not apply to the trailer used to haul his ATV's?
Has anyone dealt with an owner arguing that a a regulation that requires RV's and equipment be stored behind a screened gate/fence does not apply to the trailer used to haul his ATV's?
How would a reasonable person interpret?
Should be in garage or behind gate...........(period)
MichelleL9 (Utah)
Posts: 3
Posts: 3
Posted:
Yes, exactly. And that is how they have been historically and universally interpreted, but the "reasonable person" does not apply here. Thanks everyone.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Sorry to be thinking so so slow. This resident who wants to store his rec. vehicles in plain sight is arguing that the "regulation" only applies to "RVs," and not ski mobiles, jet skis, or other types of "recreational" vehicles, right?
And he restriction is in your Rules & regs, not in your CC&Rs, right?
And he restriction is in your Rules & regs, not in your CC&Rs, right?
SamE2 (New Jersey)
Posts: 310
Posts: 310
Posted:
I agree the trailer should be behind a screen or in a garage but I don't think that is what your documents say. What kind of tags does the trailer have on it? In NJ the DMV does not register and tag utility/ATV trailers as RV. I think the guy is technically allowed to park his utility trailer where ever he wants unless you have other rules that prohibit it.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By MichelleL9 on 10/24/2019 9:34 AM
Has anyone dealt with an owner arguing that a a regulation that requires RV's and equipment be stored behind a screened gate/fence does not apply to the trailer used to haul his ATV's?
Has anyone dealt with an owner arguing that a a regulation that requires RV's and equipment be stored behind a screened gate/fence does not apply to the trailer used to haul his ATV's?
I would consider the trailer used to haul the ATV's to be "equipment".
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
But, John, the OP's citation is: "All recreational vehicles shall be parked inside a garage or in a location screened from the street." Th t really vague word, "equipment" isn't used.
If it's simply a "regulation," and enough people disagree with the guy who thinks he can store his stiff in the driveway, just change the reg. via the board or whatever's required by the OP's docs and UT (if anything)
If it's simply a "regulation," and enough people disagree with the guy who thinks he can store his stiff in the driveway, just change the reg. via the board or whatever's required by the OP's docs and UT (if anything)
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