RV

(N.C.) several residents have boats/RV that the city says can be in their driveway. A newly appointed HOA Board Member doesn’t like it and is trying to change the HOA documents to prohibit them. He is creating a problem for the board and many members of the community. Can he do that? It is in a beach town with majority of home owners not in full time residence so their participation in attending meetings/voting is low.

What do your CC&Rs (AKA: declaration; covenants; deed restriction) say about parking in driveways? Is any allowed? Are certain types of vehicles prohibited in driveways?

Is there anything in the CC&Rs that say that the Board may make "rules" about driveways? Even if so, the Board would have to vote to prob hit such vehicles fro parking in the driveway. And there may be more requirements to make rules too. No single board member could make a rule.

In the CC&Rs, probably near the back, it'll say how to change or amend them. Usually 66 - 75% of all owners need to vote approve amendments.

Are you on the Board? Isn't there an agenda required for board meetings? Or can Mr.Pushy just keep on babbling about this topic every month and the Board presider lets him??

You live in an HOA. What the city allows is not relevant. Maybe your new board member doesn’t want a community that looks like a boat and RV storage facility.

They can try to do it, but there needs to be language in the CC&Rs stating that such a restriction exists. If there isn't currently, then an amendment to the CC&Rs has to be approved by a majority of the membership (usually a super-majority of 67% or 75%). It sounds like an amendment of this sort is unlikely to be approved because of the high number of transient owners. On the other hand, given the community's location, a proposed amendment of this sort will probably get people's attention.

FWIW, prohibitions against RVs are pretty normal in condo communities because any parking will be on the common elements and space is generally limited.

Any such restriction would have to be in the Covenants.
If it is in any other document (bylaws for example) it would not withstand a legal challenge.

Covenants, typically, take 2/3 of the lots or more to amend.

For example, our local law allows short term rentals. HOA is trying to change CC&Rs to ban them. As homeowners with short term rentals have a vested interest and an existing permitted use, HOA can't stop it.

What is not true? Do you live in SCA? “Someone” called the town on the RV. The Town code enforcement officials came to my home and told me that I was within my rights to keep my RV in the driveway as far as the town was concerned.

From what you presented to date: All he can lawfully do is ask for an amendment to the covenants. An amendment would require an owners' vote. Furthermore such an amendment would have to have a grandfathering clause to have any chance of passing court scrutiny. Why? Because the cost of an RV is a lot. People relied on what the covenants said when they bought their RV. The courts view covenants as contractual terms. The HOA cannot suddenly, lawfully change the contractual terms (on which people relied in major decision-making here) without at least a grandfathering clause.

Additional grounds for challenging such an amendment exist. The above is just for starters. Point the above out to Director Clueless.

#Ellen. Clueless is correct

I was not commenting on your specific situation. I was commenting on Terri's untruth that HOA rules don't matter if the local laws are different. Maybe in California that might be true, but don't make a blanket statement like that.

On the other hand, saying that HOA rules always supercede local laws is also not correct. For example, if our HOA wanted to allow glass roofs but the county building regulations said only tile or asphalt shingles are allowed, then they could not get a permit for a glass roof no matter what are HOA regulations say.

But what's the point of ANY HOA rules if the local laws differ? That would mean an HOA couldn't set a lower speed limit or restrict house colors or require certain boundaries or types of materials for fences.

In the original poster's case, I agree with Ellen. Even if you could get a majority to amend the declaration to stop RVs from parking in driveways, it would be hard to have that hold up in court without grandfathering.

Ultra vires, acting beyond the board's legal authority.

Your statement is incorrect. HOAs have enact restrictions that exceed local ordinances.

There have been many cases where a properly recorded restriction can be enforced even if it is stricter then what is allowed by the State, county or municipality.

a 2012 AZ issue comes to mind and had the AZ legislature enact laws to prevent the HOA from having parking restrictions on private roads.

Here is a 1996 case that seems to be at the heart of the ability of HOAs to enforce parking restrictions on public roads:

Maryland Estates v Puckett Missouri 1996

If local ordinances allowed for an RV to be parked in the driveway, HOA's CCRs could be more restrictive and not allow them. I manage several HOAs where local laws allow them, but the HOAs CCRs won't.

Are you serious? Some yoyo would have no idea what the restrictions within that community are. I have an RV that I can legally park on my driveway within my city, but a HOA in the same city can't.

Totally serious. What if said “yo-yo” had the RV before any mention of a problem with HOA came about until said person got on board?!!!!! We are N.C., Not California.

I agree with those who say the HOA CAN limit what is parked in driveways no matter what the local municipality says or what state you're in. But it. would NOT be easy.

But, Lorraine, why can't you answer my & LetA's question above?

And why, based also on my above --67-75%-- do you think a super majority of owners in your HOA would vote to prohibit such vehicles in driveways? After that, see also LetA, Cathy, Tim, Lori, etc. (Assuming your documents are silent on this topic). A low voter turnout benefits you, right? In a nutshell it is HARD to amend CC&Rs.

Why do you think this man is "creating a problem for the Board?" What kind of problem?

????

No, that is not the issue.

The board is attempting to amend the governing documents to restrict parking.
It has not happened yet.

I just gave actual examples of local permits overriding CC&Rs.

RVs in driveways is peanuts. In California, if you build 100% affordable housing on your HOA lot - and you can build at any desired density - the CC&Rs become null and void. I think CC&Rs are going to become less enforceable and less important as the needs of the public clash with the restrictions in HOAs.

Civil Code section 714.6. (a) Recorded covenants, conditions, restrictions, or private limits on the use of private or publicly owned land contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that restrict the number, size, or location of the residences that may be built on the property, or that restrict the number of persons or families who may reside on the property, shall not be enforceable against the owner of an affordable housing development, if an approved restrictive covenant affordable housing modification document has been recorded in the public record as provided for in this section, except as explicitly provided in this section.

Civil Code section 714.6. (a) Recorded covenants, conditions, restrictions, or private limits on the use of private or publicly owned land contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that restrict the number, size, or location of the residences that may be built on the property, or that restrict the number of persons or families who may reside on the property, shall not be enforceable against the owner of an affordable housing development, if an approved restrictive covenant affordable housing modification document has been recorded in the public record as provided for in this section, except as explicitly provided in this section.

Respectfully, others will see the point of what I underlined and bolded.

"Respectfully?""you are too stupid to understand? Not respectful at all.

The CC&Rs that restrict the number, size, or location of the residences that may be built on the property, or that restrict the number of persons or families who may reside on the property become null and void. The other CC&Rs remain (unless thrown out by a court on other grounds).