motorhome parking

Started by DorotheaB • 4 replies • 240 views

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DorotheaB (Florida)
Posts: 1

Posted:

I live in a Fl poa that has 3200 homes. When I moved in my 2 acre home in 2011 the deed restrictions had been expired I park my motorhome in the rear of the lot,under a carport. The The covenences were voted back in on 2017, by the way I didn't vote for them. Now suddenly in 2022 I'm getting security people driving by taking pictures of my motorhome and telling me I'm in violation. Now they are telling me that if you purchased the motorhome less than 5 years ago it can't be grandfathered in. They are also making people draw diagrams of the location, make model, and year of the motorhome to make them comply. They must submit a new application and drawing every year. This is not in the govening documents. Their argument is if you replaced your motorhome it bebcomes non conforming. I have parked this replacement motorhome in this location for over 4 years and they are just getting around to taking pics and threatening me with a fine. Can anyone figure this one out?

TimB4 (Tennessee)
Posts: 21,062

Posted:

I think you are going to have to talk to an attorney on this one.

My understanding, expecting the existing covenants did expire, is that if you didn't agree to the deed restrictions being added to your property, then you are not part of the Association. Something you will need to check with an attorney (likely one versed in MRTA) to know for sure and what your next action should be.

BillD16 (Texas)
Posts: 974

Posted:

Quote:

Posted By DorotheaB on 11/05/2022 10:57 AM
I live in a Fl poa that has 3200 homes. When I moved in my 2 acre home in 2011 the deed restrictions had been expired I park my motorhome in the rear of the lot,under a carport. The The covenences were voted back in on 2017, by the way I didn't vote for them. Now suddenly in 2022 I'm getting security people driving by taking pictures of my motorhome and telling me I'm in violation. Now they are telling me that if you purchased the motorhome less than 5 years ago it can't be grandfathered in. They are also making people draw diagrams of the location, make model, and year of the motorhome to make them comply. They must submit a new application and drawing every year. This is not in the govening documents. Their argument is if you replaced your motorhome it bebcomes non conforming. I have parked this replacement motorhome in this location for over 4 years and they are just getting around to taking pics and threatening me with a fine. Can anyone figure this one out?

Are there other people in your POA who are getting hassled about their motor homes? I agree with TimB that you may need to lawyer up. But also, try talking to others in a similar situation? “Strength in numbers” (and also, learning all you can cannot hurt).

Good luck with this!

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

AugustinD
Posts: 1,027

Posted:

If
-- this POA is subject to FS 720. See especially FS 720.403 et seq;

-- the owners supporting revitalization of the Declaration dotted all the i'and crossed all the t's back in 2017;

-- back in 2017 a majority of owners of the affected lots voted to revitalize the Declaration;

then DorotheaB's lot may very well be subject to the revitalized covenants.

Regarding having owned a motorhome since about 2011, and then replacing this motor home in say, 2018, one would have to compare the original covenants to the revitalized ones to see if the POA is complying with the law.

For one thing, the revitalized Declaration may not contain covenants that are more restrictive than the previous Declaration. But if the previous Declaration flatly prohibited motor homes, then I suspect the OP is out of luck. On the other hand, there are many caveats to this. Like the size of the lots is pretty big and rural-sounding. If the previous declaration was at all vague about motor homes, then this will be in DorotheaB's favor.

DorotheaB, if you can post both the previous (expired) Declaration and the new Declaration, this might yield the most helpful responses. Else this is a long and difficult exchange that only the super sharp can handle via an internet forum. Attachments at this forum are limited to 200 kilobytes per file. This makes it even harder to have an exchange here for a situation like this.

The point would be to prepare you for a possible meeting with an attorney.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Dorthea,

Prior to posting any governing documents, they should comply with the posting rules - basically removing the name of the Association.

Otherwise, if Aug wants to provide an email address, you could email them directly.

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