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Carport

Started by MikeR24 • 13 replies • 670 views

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MikeR24 (Florida)
Posts: 8
Posted:
We have a shareholder that has put a huge freezer under his carport. It has a walk in door and is just under the carport roof. Don’t laugh, it is ridiculous. We don’t have anything in our rules or regs, or bylaws that state anything regarding large walk-in freezers being in the carport. Probably because we never imagined any idiot doing this. Don’t really know what action we can pursue to have him take it down. Any suggestions?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Do you have any restrictions or rules that talk about screening things that are visible from the street (eg. trash cans)? If not, I'm not sure what you can do, provided the association isn't paying for the electricity to run the thing.
KerryL1 (California)
Posts: 14,550
Posted:
What do your rules say about carports? Nothing?

Also look at your deed restrictions (aka: declaration, CC&Rs, covenants) There you should find who owns the carports and possibly some restrictions, e.g., hazardous materials cannot be stored in them.

Are you on the board?
MikeR24 (Florida)
Posts: 8
Posted:
Yes. I just got on last year as a director. This fellow has a reputation of doing whatever he wants, without asking permission if it is okay or not.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MikeR24 on 06/01/2021 10:14 AM
This fellow has a reputation of doing whatever he wants, without asking permission if it is okay or not.
Does your Board have a reputation of demanding whatever it wants, without checking to see if the Declaration and Bylaws give them the authority to do so?

I mean seriously MikeR24: You attacked this person and provided the forum with no covenant to justify, say, sending a violation notice to this person.

The courts see covenants as contractual terms. If your HOA's covenants do not limit et cetera what can be placed in carports (et cetera), then you might be the one in the wrong here.

I agree with CathyA3 and KerryL1.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Start an HOA backed premium steak business?
CathyA3 (Ohio)
Posts: 6,299
Posted:
I was just thinking about whether this freezer is an "attractive nuisance". There are hungry and homeless folks out there, and a full freezer could be a magnet. (https://en.wikipedia.org/wiki/Attractive_nuisance_doctrine)

Another thing to think about: since it's a walk-in freezer, there may be a liability issue if kids happen to get into it while they're playing and the door closes on them. If this thing is 100% on homeowner property, the association may be in the clear. But if we'd had a similar issue, we'd have run this past our insurance agent and maybe even our attorney just to make sure the HOA doesn't have any liability here.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By CathyA3 on 06/01/2021 11:27 AM

Another thing to think about: since it's a walk-in freezer, there may be a liability issue if kids happen to get into it while they're playing and the door closes on them.
Ugh, I thought this sort of tragedy had gone away with rules or guidance urging latchless refrigerators and freezers. Not so. From 2019: https://www.washingtonpost.com/nation/2019/01/15/three-children-were-playing-an-unplugged-freezer-then-police-say-real-tragic-accident/
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By AugustinD on 06/01/2021 11:36 AM
Posted By CathyA3 on 06/01/2021 11:27 AM

Another thing to think about: since it's a walk-in freezer, there may be a liability issue if kids happen to get into it while they're playing and the door closes on them.
Ugh, I thought this sort of tragedy had gone away with rules or guidance urging latchless refrigerators and freezers. Not so. From 2019: https://www.washingtonpost.com/nation/2019/01/15/three-children-were-playing-an-unplugged-freezer-then-police-say-real-tragic-accident/
Plus walk-in freezers are another animal, and deaths happen all the time from someone getting locked in one.
KerryL1 (California)
Posts: 14,550
Posted:
Mike, now that you're on the Board, you need to learn your HOA's governing documents. Who owns the carports? Are they owned by the units owner? The HOA? Or are they limited use common area? Again, this is in your covenants. Read them. There probably are SOME sort of rules about them. Read your Rules and Regs.

Nothing will specifically say "No freezers." But they will say something. tell us what they say.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mike

Ae you sure it is a walk-in freezer versus something like a moving container?
MikeR24 (Florida)
Posts: 8
Posted:
Shareholders own the carports.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Are we sure it's a freezer? There are tornado shelters that can look like "Sam's freezer" from the Brady bunch. If it was a tornado shelter would the HOA feel the same way about it? It serves a function. Plus they aren't paying for the power...
Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Jeez. This is like pulling teeth. OK, owners have these carports on their deeds. Where (what governing document) did that info come from, Mike?

WHAT do your governing docs say about carports?

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