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MichaelP3 (Idaho)
Posts: 1
Posted:
Location: Caldwell, Idaho

HOA: Milagro

One of many tuff issues:
I have been attempting to work "with" the HOA system.
And ending up with no results.
Primary issue, neibor is storing and operating a large
flat bed Tow Truck from the frunt of the residence.

In the CC&Rs it is very specific:

Article 4.22 (No Unscreened Boats,campers and other vehicles)
To my understanding of the (spirit of this Article),
That a Commercial Towtruck, would fall under. (enclosed by
concealing structure aproved by the Board)
Basically any vehicle under this catigory would have to be parkd
and or stored behind, "the fence line". Aswell be containd in a
storage sheed that has been approved by the board.

This tow truck has been stored and operated from the street.
For the Past five years. Large oil slick over 7 feet long on the street
were it has been parkd. And finnally the noise is loud enough to wake
the neibors, all hours of the day and night.

I have gone to so many different "departments" with these concerns.
And all I have gotten is the same from every one.
"Oh thats NOT me , thats this department".

I just had the local Police department out.
And because the vehical wasn't there, they could do nothing.
They recomend that I hire an atterny.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Michael,

Do you have a Board of Directors? They are the body that should be enforcing your protective covenants, which I believe the tow truck falls under the specific covenant that you posted. Hiring an attorney will do you no good because he is not using your property. He is using the association property if you own the streets. If you do not own them and the city won't get involved, then you might be out of luck.

JeffT (Maryland)
Posts: 83
Posted:
We have the same type of issue with commercial vehicles (taxi, store vans,etc). We do not own the streets within our community, the county does. The response that the lawyer gave was:

If it is a non-owner or not a guest of the owner then they could park on the street and you would have to rely on county code for commercial parking in residential areas

If it is an owner or owners guest it is a gray area. There has been some test cases in other areas where it has been ruled that the county roads within the community will be subject to the governing docs for the owner and their guests. This is because the owner has agreed to follow these restrictions when purchasing the home. It is then a contractual agreement and maybe addressed in civil court.

The lawyer said that he has had luck when he has sent letters to this effect to owners and has not yet had to pursue it in court.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
MichealP3,

Post this article 4.22 that give restrictions.

Then look your CC&r's over and post Board enforcement rules.

If city owned then, ask to see the parking restrictions.
Also find out enforcement articles for city.

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