rules?

Started by JohnB31 • 6 replies • 1435 views

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JohnB31 (Florida)
Posts: 10

Posted:

I do not live in a golf cart community but, bought a gold cart to go back and forth to clubhouse. I store it on my back patio, as we don't use it and its planty big enough.Now the BOD came out and added rule #39- golf carts can only be parked in garage. This was put in AFTER my cart was bought. They are threating me with a attorney fees, etc. If it is not moved to garage IMMEDIATELY. It can not fit in garage as we have 2 cars. I think because the ruleing was put in AFTER the cart was purchased this don't apply to me..any thoughts out there???

SureshD
Posts: 268

Posted:

Well they would likely have the right to create and enforce such a policy regardless of the timing of purchase vs. rule enactment.
If the cart is visible to others in your current storage location then you are likely going to have to comply.
If the storage area is private and out of sight then who will know where it is.
The "next" BOD can always reverse the rule.

MaryA1 (Arizona)
Posts: 7,043

Posted:

John,

Grandfathering a new rule is an option the BOD may wish to consider. Apparently your BOD has not done this. You may want to ask them if they would consider doing this, but, IMO they would not be obligated to do so. Unless your back patio is a "view" area, meaning it can be seen by other property owners, then I doubt the BOD has the authority to regulate that area. If the BOD is unwilling to bend on this rule, perhaps you can park the golf cart in an area that can be enclosed (perhaps by landscaping). You may want to also ask about this.

RickW (Illinois)
Posts: 169

Posted:

Quote:

Posted By JohnB31 on 05/28/2010 6:44 AM
I do not live in a golf cart community but, bought a gold cart to go back and forth to clubhouse. I store it on my back patio, as we don't use it and its planty big enough.Now the BOD came out and added rule #39- golf carts can only be parked in garage. This was put in AFTER my cart was bought. They are threating me with a attorney fees, etc. If it is not moved to garage IMMEDIATELY. It can not fit in garage as we have 2 cars. I think because the ruleing was put in AFTER the cart was purchased this don't apply to me..any thoughts out there???

John, I understand your frustration with a new rule being added after you have purchased the golf cart. I'm wondering if you and other owners were aware of such a rule being added. In my association we must notfiy every homeowner and address their questions/concerns before voting on a new rule. This would have allowed you to voice your opinion and try to ask to be grandfathered in.

TimB4 (Tennessee)
Posts: 21,059

Posted:

John,

My first lesson when I was fighting a similar issue with my board was finding out that grandfathering is not automatic.

Tim

SureshD
Posts: 268

Posted:

Good points thus far and many seem sympathetic to your situation.

Some states (Fla.) have statutes different regarding meeting notice requirements when rules will be considered that affects personal property (a.k.a. parcel) useage.

Then there are "new rule(s)" notice and enforcement "phase in" regulations as well.

You may investigate this too as you could then (possibly) prove improper procedures and force it to be (re)done correctly while gathering community support for changing the BOD's decision.

Assuming it was done incorrectly... this may only serve to delay (the inevitable).

RobertR1 (South Carolina)
Posts: 5,164

Posted:

John,
Tim says, "his first lesson"......I think he may be saying, find out why the Board made this rule, and another poster indicated an interest in how your board changes or makes rules. Both likely to have a bearing. Does the rule exempt anyone else? What could your neighbor put in the area, on his lot that you would approve of? What would you object to if he did put something there you didn't like? I doubt we can be definitive about your issue, as pointed out, lots of this stuff is not, is it legal, the question is: what fits in your neighborhood?

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