interpreting trailer parking prohibitions

A trailer is a trailer is a trailer is a trailer.

Almost all HOA's allow some leeway for the homeowner to load and unload the trailer, boat, RV, etc.
usually 24 hours or overnight, not long-term.

My best advice is, if it fits it stays. Park it in the garage. I have a friend who has a boat and one of the caveats
he told the dealer is the trailer must have a swing-out tongue so the boat could be completely parked in the garage
with the door down

I passed on buying a mini teardrop camper because it was 5" too tall because of the top-mounted AC. I want one
with the AC mounted on the bulkhead so I can stow it in the garage.

Out of sight, out of mind.

Joe,

1. A realtor is not the board and the board will make such determination.

2. Per your citation, I believe it does include work trailers based on the following phrase: ...or similar item . . .
A nice catch all. Sort of like "and other duties as assigned" in descriptions of work for jobs.

My reason for considering the agent's opinion goes like this:

1. the only opinion that really matters is a judge issuing a ruling.
2. Short of that, an opinion from a real estate attorney should be quite reliable, even though not binding
3. Short of that, the real estate agent (being in the industry and on occasion trying to discern such things) would likely have a better guess than the rest of us.

It has also been suggested that we survey the residents and them what they want it to mean.

Are you suggesting the board has the authority to issue a binding determination? That would be wonderful!

-- I think the listed items all denote trailers used for "extracurricular" activities, not involving one's making a living. Or so a good attorney might argue.

-- Catch-all phraseology like "or similar item" can tend to be overruled by the legal rule "unius est exclusio alterius." Google to see what the latte means. Not definitely. But certainly possibly. It just depends on the trial court (and maybe the appeals court).

-- Where a use restriction is ambiguous, courts tend to follow the rule of free use of one's property.

-- In other states there has been case law overruling restrictions on pickup trucks, because today, so many use pickup trucks for their livelihood.

-- In Kansas the seminal case on ambiguous restrictive covenants seems to be https://law.justia.com/cases/kansas/supreme-court/1953/39-038-0.html . Attorneys of course would locate the most recent Kansas case law citing the 1953 decision's reasoning on ambiguity. No attorneys post at hoatalk.

-- If I were either party here (lot owner or HOA), I would not want to go to court over this one.

Sorry to be so dense--city person here: Is a work trailer something that a car or truck pulls? Is it always separate from but attached to some other vehicle?

I see boats, also banned, clearly can be used for work by residents who do commercial fishing.

@ EllN
Thank you! your comments are in line with what I was thinking, but much better stated. The court case link is excellent!

@ TimB4

Yeah, I knew there would be differing opinions.

I'm on the board. Have been about 5 years.

We're 59 houses, no penalties authorized in the docs, with most residents seeming to want a minimally invasive HOA that gently encourages members to keep things nice, but doesn't have the power to get rough. There's a few who want an aggressive HOA and usually they get to run things because of apathy. Except when peole get worked up and participation increases. This is one of those times of increased participation.

There's a lot of new faces at the moment, but at the moment I think the board is 7:1 against what I'd call aggressive.

My high level goals are keeping the bullies wanting an aggressive HOA in check, increasing consistency, and trying to keep the HOA mild enough that talk of disolving the HOA stays to a minimum. IMO actually disolving the HOA would be difficult, though I understand the process. Injecting a poison pill to cripple it would be quite attainable when people are worked up, but I'd rather not go there.

Thanks, Joe. I'll give you my very personal take on this. And I also see how you want to be very careful about your HOA drifting towards the too aggressive. It also looks like your Board has other important matters to deal with. So this "issue" must be annoying. Kudos for taking on the higher-level issues..

The reason for restrictions on what can be in the driveways seems to be keeping the front of the homes harmoniously attractive and fairly uniform in appearance. The restriction in the covenant does not care HOW the vehicles are used. It seems to be about the "aesthetics" of the vehicles.

I do not think "unius est exclusio alterius" applies because there are too many possible vehicles that might be unattractive that were unknown when the covenants were written Thais is why "or similar" or, often, "not limited to" is used so often in covenants.

Our rules, for instance, ban recreational devices on our hardscape urban condo grounds**. "Skateboards, scooters, bicycles, rollerblades or similar devices are not allowed in any common areas including the garage..." It'd be impossible to name every such device as new ones emerge: Hoverboards, electric cars for tots, and more.

Perhaps your declaration near the very beginning states that one purpose of your HOA is to maintain the "attractiveness" of the community. Our declaration uses that word.

Soooo... I lived off & on for many years in Santa Cruz Calif. about 8 doors from a nice accessible beach. I didn't have a view from my home, but, from my yard, I'd see the surf break. The house next door towards that view often had a large RV camper parked in the driveway. (Their p-t vacay home.) It felt it like a wall 20 feet from my front yard and from my face. Claustrophobic. And, of course, when there, it blocked my ocean view.

So, I personally wouldn't want a car or truck PLUS a 6x10' trailer stored 20 feet or less from my front yard even if the blocked view would be solely of a pleasant neighborhood. I think I'd also worry about future large vehicles that aren't specifically named in the covenants becoming common.

Would this work trailer not fit into the garage?

I see no one complains about a work van, but I don't see vans prohibited in your covenants and, at least around these parts, many parents have fairly huge "family" vans.

* My Kansas-born dad left when he was 10 and lived in Cali thereafter. My sib & I liked hearing him say "lesh" instead of leash and "crick" instead of creek.
** With the exception that bicycles may be ridden to/from the underground garage Bike Rooms to the exit/entrance of the premises.