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ErinA2 (Illinois)
Posts: 30
Posted:
One last question before I retire from my board.
I read a lot of the other threads about this topic and one thing possibly from TimB - caught my eye.
It was mentioned drafting a resolution vs amending the decs or having a rule that may contradict with the covenants could be an option - at least that was how I read it.
Would a resolution be the better way to go to allow homeowners to temporarily park their Boats and RV's on the lot for loading/unloading and cleaning purposes only during a very specific timeframe? We have a rule that was reviewed by the attorney and given the okay to use but there is some pushback. I see both sides.
We have tried for 3 years to amend our decs, I am resigning and I don't see the current board members attempting to actually do the legwork as they didn't care to for the other things.
I don't own a boat despite my last post about boats too...
SheliaH (Indiana)
Posts: 6,964
Posted:
If the board wants to have a rule like that, they could do so with a resolution. That's how many boards enact specific rules - they flesh out the CCRs and as long as someone doesn't try to enact something that tries to usurp the CCRs (not allowed), you should be ok. In fact, this could be faster because CCRs usually address broader issues like parking the boat or RV at all.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ND (PA)
Posts: 792
Posted:
Yes, I think a resolution would be a reasonable way to allow what you are proposing . . . essentially a modification or fine-tuning of a rule without totally trying to negate, change, or bypass the overall intent of the rule.

How to specifically word it based on what your declaration currently says may be tough, but it's probably doable.

Example . . . rule currently states "no RVs are to be parked within the HOA". I assume the intent of this rule is to prevent the HOA from becoming an RV storage area 24/7 and the unsightliness and lack of space for personal vehicles that would occur. The intent is to not prevent people from owning RVs and enjoying those RVs for their intended "recreational" purposes. In order to do that, people need the ability to prepare those RVs for that recreational purpose by loading them up with stuff for the trip. I suppose they could shuttle the stuff back and forth in their cars to wherever the RV is stored. Or they could just bring it to the house for a brief period, load it there, and be on their way.

A resolution could modify that rule as follows" "no RVs are to be parked within the HOA except for a period of no longer than 24 hours when necessary for loading, unloading, cleaning, or other similar activities."
AugustinD
Posts: 3,698
Posted:
ErinA2,

-- Do either your Bylaws or Declaration name instances where specifically and explicitly, a "resolution" is to be used? If so, then no way should your board use a "resolution" to achieve what you describe.

-- Too many Boards think they can make a resolution about anything. Not so. A Rule or Regulation, pursuant to the power the CCRs give the board to make "reasonable rules and regulations" is the appropriate mechanism.

-- Said Rule or Regulation may not conflict with the covenants or bylaws.

-- If your board insists on using a resolution, then it too may not conflict with the covenants or bylaws.
AdamL1 (UnitedStates)
Posts: 559
Posted:
so I'm not sure I follow the group think here.

CCR's say something like "No RV's shall be placed on any portion of the property..."

and rules cannot contradict the CCR's.

so how can an HOA make a Rule that allows <24 hours of temporary RV parking for purposes of cleaning?

I get it, I want to allow temporary RV parking to gear up for the weekend, but how to square this w/ the CCR's?
SheliaH (Indiana)
Posts: 6,964
Posted:
We haven't seen the language in the CCR so we don't know if it says no RV/Boat parking AT ALL or if it specifically prohibits parking on the common area - the devil is in the details.

In this case, the OP said the attorney reviewed this and said it would be ok to limit parking to a specific number of hours, so I think the issue is whether a specific rule needs to be added to the CCRs or can be done via a resolution. If it's done with a resolution, that would have to be discussed during an open board meeting, including a motion, second, and the vote itself. The resolution can provide an effective date and a notice sent to homeowners regarding the new rule, as ND noted. As you know it takes time to amend CCRs, whereas rules enacted by the Board can be tweaked or dropped altogether via another resolution.

It appears that question didn't come up when the OP's board ran this by the attorney in the first place, in which case, they can always ask for a clarification and proceed from there.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By AdamL1 on 01/20/2022 6:59 AM
so I'm not sure I follow the group think here.

CCR's say something like "No RV's shall be placed on any portion of the property..."

and rules cannot contradict the CCR's.

so how can an HOA make a Rule that allows <24 hours of temporary RV parking for purposes of cleaning?

I get it, I want to allow temporary RV parking to gear up for the weekend, but how to square this w/ the CCR's?

The board has discretion in how and when to enforce the CC&Rs so they could decide that they will allow limited parking of RVs even though it violates the CC&Rs. Essentially, they are not changing the rule, they are just saying, "if you park your RV for less than 24 hours for cleaning, it is not in the HOAs interest to enforce the rule."

I would guess that most HOAs have some rules that they do not enforce strictly for various reasons. It is not a bad idea to put that into a resolution to ensure consistency.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By AdamL1 on 01/20/2022 6:59 AM
so I'm not sure I follow the group think here.

CCR's say something like "No RV's shall be placed on any portion of the property..."

and rules cannot contradict the CCR's.

so how can an HOA make a Rule that allows <24 hours of temporary RV parking for purposes of cleaning?

I get it, I want to allow temporary RV parking to gear up for the weekend, but how to square this w/ the CCR's?
-- If a Board wanted to allow temporary parking for cleaning and unloading, then I can see a Board's attorney arguing first, that "placed" could mean "sitting permanently"; and (2) a rule allowing temporary parking of said RV is reasonable. I would not argue with said attorney (and you know I will disagree with an attorney if I think she got it wrong.)

-- To me the next question to ask is, "Would anyone take the HOA to court over such a rule?" If so, then I think the Board (that presumably wants this rule) should wait until this happens. If it does happen, then the board should weigh everything and decide whether to keep the rule.

-- There's no group think when it comes to resolutions vs. rules. In my opinion, unless the Bylaws say the Board can create "resolutions" willy-nilly, then those arguing a 'resolution' has any authority here are mistaken. I make this point because many states have notice requirements for rules (or sometimes, the Bylaws have notice requirements for rules). Not so for the (invented, through-the-looking-glass AFAIC) term "resolution."

AdamL1 (UnitedStates)
Posts: 559
Posted:
Quote:
Posted By BenA2 on 01/20/2022 7:19 AM

The board has discretion in how and when to enforce the CC&Rs so they could decide that they will allow limited parking of RVs even though it violates the CC&Rs. Essentially, they are not changing the rule, they are just saying, "if you park your RV for less than 24 hours for cleaning, it is not in the HOAs interest to enforce the rule."

I would guess that most HOAs have some rules that they do not enforce strictly for various reasons. It is not a bad idea to put that into a resolution to ensure consistency.

oh boy, this opens up a whole can of worms about selective enforcement, abandoned covenants, etc.....seems like a bad precedent to start selectively enforcing what the feel....
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By AdamL1 on 01/20/2022 7:27 AM
oh boy, this opens up a whole can of worms about selective enforcement, abandoned covenants, etc.....seems like a bad precedent to start selectively enforcing what the feel....
For the archives: Uniformly not enforcing a covenant is not what "selective enforcement" means. "Selective enforcement" occurs when a board issues a violation notice to one owner but not another, and both owners have violated in the same way the same covenant.

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