Rec unit behind fence

Started by JamesS22 • 8 replies • 1325 views

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JamesS22 (Florida)
Posts: 3

Posted:

I purchased my home March 2001 and inquired if a fence were allowed and a boat behind fence or in garage . I was told as long as the boat could not be seen it was not a problem,no HOA documents were available at the time. I closed on the house September 2001 and at that time I was given a copy of the HOA restrictions and I was told there was no problem as long as the boat was not seen. In 2005 my HOA questioned the boat again and came out said that the boat was not visable therfore not a problem. Now in March 2009 I am being told I must remove the boat. The boat has been on my property since 2001 in the same place with no prior restriction violations. What are my options ? Thank You , James

MaryA1 (Arizona)
Posts: 7,043

Posted:

James,

First of all, do you have any of the previously granted varianes in writing?

Secondly, I would check with an attorney to find out if there is a statute of limitations on this. I believe that in some jurisdictions after a certain number of years go by legal action cannot be taken. The legal term is called "laches" which means: "Undue delay in asseting a right or a privilege. A doctrine permitting dismissal of a suit because a plaintiff's unreasonable delay in asserting a right or priviledge has been detrimental to the defendant's ability to make a defense."

BrianB (California)
Posts: 2,820

Posted:

In addition to that advice, what do your covenants state? If they say nothing, that's good for you. If they say no boats, you really need the variance in writing from the HOA board to bolster your case.

You need written language to counter written language.

JohnK3 (Pennsylvania)
Posts: 967

Posted:

James,

Our favorite member of the Junior Bar Assn., Mary, has it right on laches. This has gone on much too long for the HOA to start in - at least as to you.

MaryA1 (Arizona)
Posts: 7,043

Posted:

John,

Do I get a hat to go along with that title? On second thought, I really don't like wearing hats; how about a pin, or, better yet can I put a bunch of letters after my name? Or maybe I can sign my name "Esq, Jr."!! LOL

JamesS22 (Florida)
Posts: 3

Posted:

Thanks for the info. Now I may have some ammo if needed.

MaryA1 (Arizona)
Posts: 7,043

Posted:

James,

Is FL a right-to-carry state? LOL

JamesS22 (Florida)
Posts: 3

Posted:

Yes but we dont know how to vote!

MaryA1 (Arizona)
Posts: 7,043

Posted:

James,

Well, the whole world knows that! LOL

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