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JonnieG (Texas)
Posts: 4
Posted:
Our association is small, 85 lots with about 37 owners (from 1 to 6 lots owned by one owner). Our C&Rs were written in 1990 by the developer, and have had a couple of revisions (annual dues and votes).
Under the heading, "Structures" the C&Rs state "Recreational vehicles may be used temporarily or permanently." The same paragraph also says "No permanent residence shall be constructed or permitted to remain on above lots unless such residents shall have a minimum of 850 sq. ft. of floor space of ground floor living area.
In another heading "Sewerage" it states "No building or structure shall be occupied as a residence unless all plumbing fixtures, dishwashers and toilets are connected to an adequate sewerage disposal system. All lavatories, toilets and bath facilities shall be installed indoors and shall be connected with adequate grease traps, septic tanks, and lateral lines constructed to comply with the specifications of state and local health authorities, and no "outside" or surface toilets shall be permitted under any circumstances."

Our owners are divided on the usage of the RVs, and we want to rewrite the C&Rs to read "RVs may only be used temporarily, not as permanent residences" for future owners, and allow
owners already having an RV on their lots to be grandfathered with the "temporarily or permantently" clause. How should the revision be worded? Should a date be included?

Should RVs even be occupied on a permanent basis according to the above wording?

Help!!any suggestions welcome.

Jonnie
RogerB (Colorado)
Posts: 5,067
Posted:
Jonnie, "Recreational vehicles may be used temporarily or permanently" is meaningles since this wording allows both.

Regarding changing to "RVs may only be used temporarily, not as permanent residences" I would suggest being more definitive on what "used" (occupied?, lived in? or what?) means. Also is "temporarily" 2 weeks, 2 months, 30 days in every 12 consecutive months, or what? A date is not needed (and not recommended) since the amendment is effective the date filed and will have the date indicated on the document.
LindaC3 (Florida)
Posts: 526
Posted:
I ,too live in a deed restricted community and we are having an ongoing saga/drama with regards to RV's-Our deed restrictions do not allow a "temporary" residence on a residential lot "EXCEPT AS MAY BE TEMPORARILY PERMITTED BY A RULE OF GENERAL APPLICATION AND WHICH SHALL BE SUBJECT TO APPLICABLE LAWS AND ORDINANCES"- I for the life of me cannot get anyone to give me the meaning of A RULE OF GENERAL APPLICATION....I have researched the word TEMPORARILY which means "For the time being"......The antonym for temporarily is indefinetly...So which is it? And can anyone out there explain the rule thing ?? Any and all help will be GREATLY appreciated... My community is located in the great Sunshine State of Florida...Thanks Linda P
RogerB (Colorado)
Posts: 5,067
Posted:
Linda, I would say temporarily means for a short period of time but not permanently. But without providing a specific period of time it could be for a minute or many years. A rule of general application is also meaningless to me.

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