Interpretation of 'mobile home' in covenants

Our covenants are getting interpreted differently by every other board that assumes office. The problem is that the covenant details that "No mobile home, trailer, tent, barn, tree house, or other similar outbuilding or structure shall be placed on any lot at any time either temporarily or permanently." Home owners are preplexed because some boards interpret 'Mobile Homes' to also mean RV's. Other boards have not read the same meaning into the covenants.

Further, some people interpret 'trailer' as any utility trailer used for hauling. We have many utility trailers and RV's in our subdivision. Even if we changed the covenants to purposely exclude utility trailers and RV's would the change apply to those persons who already owned trailers and RV's?

Jano2,
Go to top of this page and on the right you will find a little search button, Click on the and search Mobile Homes. Scan through the results I am sure you will find something interesting.

But as Susan says, times are changing fast and association are going to have to step up and make their own rules, which means, siting down and deciding what they want their covenants to read and if they don't address problems adequately, then change them to make them effective for your associaion, and legal. But I suspect your issue is going to require some people will have to agree to disagree and one side will pay for a lawyer. The Association document as intrepreted by the board should stand and any challenge would have to be made regards their decision. Better for everyone if the Board gets sued rather than the Board sues. Then the judge is likely to say, go back and settle this among yourselve.

....the phrase "temporarily" comes into play too.

So a utility "trailer", according to our board, would qualify.

As would an RV.

i think i am in michele's side on this one:

to me, an RV is indeed a mobile home. Mobile home and travel trailer are almost synonymouse to me. A tougher call, for me at least, would be if they pulled a 24 x 72 "Trailer" into the lot and anchored it to a foundation. Those are often thought of as "mobile homes", but once you take the wheels off, and anchor it, it isn't mobile at all anymore.

THe trailer is easier: if it's license, or should be licensed, as a trailer, it's a trailer: boat trailer, old truck bed used to haul trash and brush, camper on wheels, etc.. they are trailers.

and Kirk's comment is why anyone thinking of writing a new rule, covenant, procedure, etc. should take the extra time to spell out as much of the intent as possible.

Taking an extra 40 words when crafting a law to flesh out the intent, scope, application, etc. would be soooooo much nicer in the years to follow. It's not a telegram, you don't pay by the word, so flesh out your rules!