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RyanS7 (Oregon)
Posts: 4
Posted:
The HOA CC&Rs for our community states: "Parking - Except as may otherwise be provided in the Rules and Regulations of the Association, parking in excess of twenty-four (24) hours of boats, trailers, motorcycles, mobile homes, campers, or or other recreational vehicles or equipment, regardless of weight, and parking of any other vehicles with a gross vehicle weight in excess of 9,000 pounds shall not be allowed on any part of the Property or on public streets within the Property, excepting only within areas designated for such purposes by the Board of Directors or within the confines of an enclosed garage or screened area, the plans of which shall be reviewed and approved by the Architectural Review Committee...."

We have a resident that stores their snowmobile and trailer off site. When they do use the snowmobile and trailer, they reguarly return to the community with the snowmobile and trailer and leave the following day to again use the snowmobile and trailer, and then return to the community with the snowmobile and trailer and then leave the following day.

A community member has been fined for this Parking/Activity twice, and is now disputing that his recreational vehicle has not been "parked" in the community for 24 hours as previously described.

Does anyone agree/disagree with the interpretation of the Parking Rules? I am leaning towards agreeing with the community member's position. Moreover, it does seem unreasonable to force the community member to park the snowmobile and trailer off site when they have planned to use and depart from the community the following day(s).
MichaelT21 (Arkansas)
Posts: 200
Posted:
In our HOA, cars have to violate parking rules by weeks in order to get enforced. Thus, your situatio would not get a fine in our HOA.
KerryL1 (California)
Posts: 14,550
Posted:
My sis & her husband moved from SoCal and bought in a Bend HOA a few years ago and had a hard time finding one where the premises weren't full of all kinds of rec vehicles. They didn't want those in their neighborhood and found an HOA that has a covenant like you describe. Many of her neighbors bought in that HOA for the very same reason.

They all are fervently protective of that rule and are quick to report violators. I suspect that they would put up with the rec vehicle over two back-to back nights if not too often, say not a few times a month. Otherwise, I think they'd drive a board of directors and management crazy with their complaints and demands for strict compliance.

I think it could be said that the two nights of parking add up to fewer than 24 hours, so is OK. If you're able to tweak your covenants with rules that are more specific maybe start a discussion?

LetA (Nevada)
Posts: 2,679
Posted:
Typically covenant language has a maximum time limit like 24 hours for the purpose of loading and unloading,
after which said vehicle needs to be removed from the community or stored in the garage.

If there is an issue you should direct your towing company to come on the property and document
the vehicle. The tires or asphalt will be chalked along with a time and dated photograph of the vehicle
and it's location will be recorded.
RyanS7 (Oregon)
Posts: 4
Posted:
Your response has good arguments. Part of the issue is that during the summer months there is signifigantly more RVs (trailers and motor homes) in the community, and are in violation of the Parking rule(s). As a community we are not informed of (in general) how many notifiaction(s)/violations have been served, so it can appear that during the summer months the Parking rules are "relaxed" or not enforced correctly. Moreover, during the winter months when this particular community member brings their snowmobile and trailer in the community, it is nearly the only potential parking violation present. I can see his point of view where they feel singled out.

Our city is known for the outdoor activities. When we have a winter storm roll through, I can understand how they want to take advantage of the snow conditions. My sense is to allow our community members to take advantage of the outdoor activities that are minutes away from our door steps, versus taking a "by the book" approach to enforcement that lacks any general awareness or empathy.
RyanS7 (Oregon)
Posts: 4
Posted:
Your response has good arguments. Part of the issue is that during the summer months there is signifigantly more RVs (trailers and motor homes) in the community, and are in violation of the Parking rule(s). As a community we are not informed of (in general) how many notifiaction(s)/violations have been served, so it can appear that during the summer months the Parking rules are "relaxed" or not enforced correctly. Moreover, during the winter months when this particular community member brings their snowmobile and trailer in the community, it is nearly the only potential parking violation present. I can see his point of view where they feel singled out.

Our city is known for the outdoor activities. When we have a winter storm roll through, I can understand how they want to take advantage of the snow conditions. My sense is to allow our community members to take advantage of the outdoor activities that are minutes away from our door steps, versus taking a "by the book" approach to enforcement that lacks any general awareness or empathy.
RyanS7 (Oregon)
Posts: 4
Posted:
I see your loading and unloading point. However, the Parking rules do not explicitly speak to loading or unloading.

What do y'all think about providing advance notification to the HOA regarding the presence and duration of their trailer being in the community? It seems reasonable to allow this community member's snowmobile and trailer... activity... with notice, such that they are doing their due diligence in communicating with the HOA, meanwhile acknowledging the potential of a violation yet providing notification and/or permission.
KerryL1 (California)
Posts: 14,550
Posted:
"My sense is to allow our community members to take advantage of the outdoor activities that are minutes away from our door steps, versus taking a 'by the book' approach to enforcement that lacks any general awareness or empathy."

My sister & her HOA pals probably would say that those who want to break the rules should have purchased a home in the many, many HOAs that DO permit such vehicles parking on the premises or are much more liberal about them.
ND (PA)
Posts: 792
Posted:
The wording in the CC&Rs is vague and could definitely be better, but it's clear to me that the intent is to prohibit the listed vehicles from being parked for a single period of time in excess of 24 hours. Intent is to not have those vehicles parked for days/weeks/months of time on the Property. Further, every time the prohibited vehicle is removed from the Property and returns back, the 24 hour clock begins again.

What the homeowner is doing is allowable in my opinion and interpretation. Anyone who thinks otherwise is ridiculous, needs to mind their own business, needs to let people live their own lives, and perhaps needs a hobby of their own to enjoy.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Thinking out loud here...

The CC&Rs are ambiguous enough to allow someone to essentially park permanently in the community as long as they moved their vehicle at least once within every 24 hour period. It's very unlikely that this was the intent of the parking restriction, especially since weight, size, and appearance are considerations.

If I were on the board in this community, I'd want a legal opinion on what the CC&Rs actually say and what relevant case law has to say about similar restrictions. If there was agreement that the parking restriction as it currently exists is ambiguous enough to prevent reasonable enforcement and that it does not reflect community consensus on what a workable restriction should say, then I'd want to consider amending the restriction. (We amended our parking restriction for exactly these reasons.)

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