RV parking

Started by RoxanneG • 15 replies • 441 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

RoxanneG (Washington)
Posts: 20

Posted:

Our by-laws state that no RV shall be parked for any purpose other than loading/unloading on any "front part or visible side of any unit". My neighbor has had is RV parked for a few months now, in what used to be his front yard that he, without permission from the board, tore out the lawn, replaced with gravel and made it a parking spot. I reported to our management company and they said they issued warnings, fines, and now collections. But nothing changes. Do you have any suggestions? It is an eye-sore that I don't want! Do I have personal rights to a civil suit, such as injunctive relief? I live in Washington state, if that makes a difference.
Thanks for any advice!
Roxanne

KerryL1 (California)
Posts: 14,550

Posted:

Are you sure it's your Bylaws, Roxanne? could it be, instead your Rules & Regulations? Or even your CC&Rs (aka, covenants, declaration)? This is important.

HenryS7 (Pennsylvania)
Posts: 336

Posted:

Quote:

Posted By RoxanneG on 01/31/2022 6:28 PM
Our by-laws state that no RV shall be parked for any purpose other than loading/unloading on any "front part or visible side of any unit". My neighbor has had is RV parked for a few months now, in what used to be his front yard that he, without permission from the board, tore out the lawn, replaced with gravel and made it a parking spot. I reported to our management company and they said they issued warnings, fines, and now collections. But nothing changes. Do you have any suggestions? It is an eye-sore that I don't want! Do I have personal rights to a civil suit, such as injunctive relief? I live in Washington state, if that makes a difference.
Thanks for any advice!
Roxanne

Yes. While the HOA is the most obvious entity to enforce the CC&Rs, in Washington State, any affected homeowner can file a private lawsuit to enforce the CC&Rs. You are more than welcome to take action yourself if your HOA is not doing it as part of their duties.

JayL6 (Kansas)
Posts: 18

Posted:

Are you subject to any city ordinances? Our city states RV's can be parked no more than 48 hours for the purpose of loading and unloading. So we defer to that.

RoxanneG (Washington)
Posts: 20

Posted:

Thanks for asking for the clarification.
It is in "Exhibit "E" Crystal Meadows, A Condominium Rules and Regulations".

RoxanneG (Washington)
Posts: 20

Posted:

Oh, good thinking! I will check on that. thank you!

RoxanneG (Washington)
Posts: 20

Posted:

Thank you for asking for clarification.
It is in the document called "Exhibit E, Crystal Meadows, A Condominium Rules and Regulations"

PatJ1 (North Carolina)
Posts: 568

Posted:

It appears that the HOA is enforcing the rule violation with warnings, hearings, fines and collections within their limitations. In many states fines can be used for liens and even foreclosures. It's a very lengthy process during which time the violation remains.

PatJ1 (North Carolina)
Posts: 568

Posted:

Adding - If the restriction is contained only in the Rules & Regulations, the CCR's need to be reviewed to determine if the violation is even enforceable.

What do your CCR's say about RV parking?

MichaelS56 (Minnesota)
Posts: 859

Posted:

There appears to be two major issues facing the Board. One is the lawn being torn up and the second is the RV being parked. As a Board President, the process we would use is to talk with the owner directly. If that does not work, then have the Property Management company send a curiosity letter, it neither brought solution then violation letter would be mailed with a fine. If that did not solve the issue then, looking at city or state codes on parking. If there are not any codes to support the Board position, then are still more choices; one is to continue to increase the fine in the violation letters or tow it and send the bill to the owner. I would recommend that you give the owner notice that the Board has approved towing the RV to the impound lot.

Then deal with the lawn issue.

RoxanneG (Washington)
Posts: 20

Posted:

The CC&R's don't say anything specifically about RV parking, but it does say in the CC&R's that "Failure to comply with the Declaration, bylaws or rules and regulations shall be grounds for action to recover sums due, damages, and for injunctive relief, or any or all of them, maintainable by the Board on behalf of the Association or by an Owner".

KerryL1 (California)
Posts: 14,550

Posted:

Thanks for CC&Rs reference, Roxanne. That's a good one. Does it say anything about parking in general? Does it say anything about front yards in general? The latter, perhaps, might even be in an article about architectural changes. This owner probably is breaking more tuba one Rule.

Does your Board hold open board meetings? (I think required in WA?) If so, you could attend and ask the board to continue fining the owner until the RV is removed. Ask the board to find out from the attorney if the RV can be towed. Or what other recourse the HOA might have.

In other words, see if you can get the HOA via the Board to do all possible to cure this violation of your Rules.

If not enough, then sure go after the owner yourself per your CC&Rs.

To live next door to this ugliness does not have to be your future. You're probably aware that it also lowers the value of your home. (Please ignore any argument y a certain poster to the contrary).

RoxanneG (Washington)
Posts: 20

Posted:

Thank you, everyone, for your advice! I appreciate it greatly!

MarshallT (New York)
Posts: 414

Posted:

Yes you could launch a civil suit - this would probably be against the HOA though since it is not fulfilling its obligation to enforce rules.

PatJ1 (North Carolina)
Posts: 568

Posted:

Quote:

Posted By MarshallT on 02/02/2022 6:06 AM
Yes you could launch a civil suit - this would probably be against the HOA though since it is not fulfilling its obligation to enforce rules.

How is the HOA not enforcing the rules? According to the OP, the HOA has "issued warnings, fines, and now collections". Seems the HOA has worked within their regulated limitations.

Wouldn't it be a civil suit against the violating homeowner by another homeowner?

BobD4 (up north)
Posts: 1,002

Posted:

Respectfully, is it time for some jurisdictions alternatively to at least consider some sorta Tribunal or administrative body model ?

For stuff like : "My neighbour's RV is an annoying violation that I haven't been able to get halted without suing on the cross-covenants !"

That's to by-pass the ( ? congested ? ) formal civil justice system in resolving alleged ( neighbourhood ) issues significantly less than "due process in governance" ?

( It's not likely to make lawyers nor managers initially dance for joy. )

“TRIBUNAL orders SCOFFLAW TRUCKS out of VISITOR PARKING : ESSEX C.C. # 15 v various”
https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=19267&catid=9

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here