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BryanG2 (Washington)
Posts: 11
Posted:
I do not want to over post on this site but it is very nice to be able to read others problems and fixes and get opinions on our own problems!

One of our homeowners has a very nice Motor home and asked the BOD for an exception to the CC&R's to allow him to park it in his driveway while it is in use, which he defined as a period of time between April and September in which he would be using it a minimum of once ever 14 days. He has winter storage off community and there is nobody living it in while at the community. He has the only driveway that can hold an RV without hanging over the driveway onto the sidewalk. The CC&R's read as follows:

6.6 Vehicles. The term “vehicles” as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term “passenger vehicles” as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. “Parking areas” shall refer to the number of garage parking spaces and driveway areas in from of garages. However, driveway areas shall be considered “parking areas” for passenger vehicles only.

6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles.

My question is if we do allow an exception are we opening up Pandora's box to all the not so nice RV's/Camper/Boats/Trailers? Our community has no on street parking and it does fit in his driveway. Personally I have no problem with his motor home however my concern is with the future and having to define what is good looking vs something that is not. Currently there are three of us on the BOD and I want to get this handled before we are down to two. Any advice appreciated!
MicheleD (Kentucky)
Posts: 4,491
Posted:
BryanG2 said: " My question is if we do allow an exception are we opening up Pandora's box to all the not so nice RV's/Camper/Boats/Trailers? "

Yes.

and an ugly one at that. [Pandora's box]

MicheleD (Kentucky)
Posts: 4,491
Posted:
I am also thinking that the rules and regulations that would be considered would be things like allowing the vehicle to be parked there during its being cleaned or maintained (repaired, for example), or when loading up the day of or day before leaving with it.

But allowing them to "store it" there during the entire usable season would in essence void your entire restriction against them being parked there.

And because it would be "arbitrary" to determine what is a "nice" one and what isn't as nice, I just can't see making an exception in any circumstances.

HaroldS (Arizona)
Posts: 906
Posted:
You would open a BIG can of worms. Absolutely not. How far is the storage he uses in the winter? Should be using that except when getting ready to take it out.
BrianB (California)
Posts: 2,820
Posted:
one could try to drive the motor home "regularly" as their main transportation, and squeeze through the tiny loophole there. it would be a stretch, however.

Other than that, i agree with the others. If you allow this person to park and store his RV there for half the year, you will have to let others do it too.

BryanG2 (Washington)
Posts: 11
Posted:
Quote:
Posted By MicheleD on 03/26/2008 2:01 PM
I am also thinking that the rules and regulations that would be considered would be things like allowing the vehicle to be parked there during its being cleaned or maintained (repaired, for example), or when loading up the day of or day before leaving with it.

But allowing them to "store it" there during the entire usable season would in essence void your entire restriction against them being parked there.

And because it would be "arbitrary" to determine what is a "nice" one and what isn't as nice, I just can't see making an exception in any circumstances.


I don't know how we can allow him to load it up the day before and then keep it overnight without causing the same can o' worms to open up.

I agree to the arbitrary thought... beauty in the eye of the beholder and if Sanford and Son's trucking shows up who can say its not pretty to someone.
MicheleD (Kentucky)
Posts: 4,491
Posted:
A 24-hour load time, to me, would not be unreasonable, and can be enforced easily.

Especially if it's an older couple or someone with a handicap, it gives them a little leeway.

Anything longer than that is just taking advantage.

But then, I don't use a camper/RV/motor home, so I really don't know what's involved in packing it up for a trip.

I do have a boat, though, and if we are leaving for an early morning trip (say at 3:00 or 4:00 a.m.) it's not at all unreasonable to expect that we will pre-load the night before and then just pull out before dawn. Or even at dawn, for that matter.

Of course, you don't have to do that at all, especially if you're concerned about someone taking advantage of it.

But to just leave it during the summer, no matter how often they travel, would be totally unacceptable, it would seem.

MaryA1 (Arizona)
Posts: 7,043
Posted:
I agree with all who've said allowing this one individual to park his motor home on the driveway for an extended period would not be a wise thing to do.

FYI, many assn's with the same restrictions do allow a motor home to be parked on the driveway 24 hrs b/4 and after a trip -- to load and unload. This is not stretching the rule but just using common sense.

Mary
BrianB (California)
Posts: 2,820
Posted:
Bryan

This is what allows you to allow the unit to be parked 24 hour ahead/after use:

6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles.

The board can simply adopt a 24 hour policy.
BryanG2 (Washington)
Posts: 11
Posted:
Thanks for all of your advice! The meeting is tonight on this subject and I appreciate all your help!
CliffordW (Texas)
Posts: 10
Posted:
We talked with a storage facility close to our community and they are giving all home owners in our community a discount on storage, boats RV’s and Trailers.

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