Recreational Vehicle Parking

Started by LarryQ • 13 replies • 1742 views

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LarryQ (Colorado)
Posts: 2

Posted:

We have a parking rule that states recreational vehicles shall not be stored or permitted to remain for more than 3 consecutive days on any unit(or streets adjoining any unit) except within enclosed garages.

Our BOD is interpreting this a couple of different ways, and is having trouble with enforcement.

I'm curious what your interpretations are.

AnneM2 (North Carolina)
Posts: 30

Posted:

The 3 day limit is meant to be a period in which an RV owner who garages his RV away from his residence can park near the home in order to load it with food, clothing and other paraphenalia needed for his trip. Upon returning home, a few days is needed in order to reverse the operation and prepare it to go back into storage.

LarryQ (Colorado)
Posts: 2

Posted:

Intent is not in question, rather the interpretation of "3 consecutive days".

I guess the question is, does 3 consecutive days equal 72 consecutive hours?

Example:

HO parks camper in driveway Monday morning, then takes it camping Monday evening.
They return Tuesday afternoon, and park the camper in the driveway until Thursday.

Now, did the clock start on Monday or Tuesday?

Can the HO just move the vehicle off of the property to restart the clock?

How is this enforced?

BrianB (California)
Posts: 2,820

Posted:

clock restarted on tuesday, because the vehicle was not parked or stored on monday afternoon, evening, or tuesday morning. i would say (pulling a number out of thin air) that any vehicle removed for more than 14 hours restarts the clock.

however, i couldn't argue that it would have to be 24.1 hours either... if it's gone for a day, the clock restarts... just as good a PIROMA as the other.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

Quote:

Posted By LarryQ on 06/04/2010 8:16 PM
Intent is not in question, rather the interpretation of "3 consecutive days".

I guess the question is, does 3 consecutive days equal 72 consecutive hours?

Example:

HO parks camper in driveway Monday morning, then takes it camping Monday evening.
They return Tuesday afternoon, and park the camper in the driveway until Thursday.

Now, did the clock start on Monday or Tuesday?

Can the HO just move the vehicle off of the property to restart the clock?

How is this enforced?

IMO -- YES

JohnB26 (South Carolina)
Posts: 1,569

Posted:

as per: www.merriam-webster.com/dictionary/consecutive

Main Entry: con·sec·u·tive
Pronunciation: \kən-ˈse-kyə-tiv, -kə-tiv\
Function: adjective
Date: 1611
: following one after the other in order : successive

— con·sec·u·tive·ly adverb

— con·sec·u·tive·ness noun

JohnB26 (South Carolina)
Posts: 1,569

Posted:

Quote:

Posted By LarryQ on 06/04/2010 8:16 PM
Intent is not in question, rather the interpretation of "3 consecutive days".

I guess the question is, does 3 consecutive days equal 72 consecutive hours?

Example:

HO parks camper in driveway Monday morning, then takes it camping Monday evening.
They return Tuesday afternoon, and park the camper in the driveway until Thursday.

Now, did the clock start on Monday or Tuesday?

Can the HO just move the vehicle off of the property to restart the clock?

How is this enforced?

1 day = 24 hours, therefor: 3 consecutive days = 72 consecutive hours

(is not writing regulations fun?)

JohnB26 (South Carolina)
Posts: 1,569

Posted:

Quote:

Posted By AnneM2 on 06/04/2010 7:51 PM
The 3 day limit is meant to be a period in which an RV owner who garages his RV away from his residence can park near the home in order to load it with food, clothing and other paraphenalia needed for his trip. Upon returning home, a few days is needed in order to reverse the operation and prepare it to go back into storage.

What was MEANT has no bearing ..... only what was actually written.

CONSECUTIVE leaves no room for interpretation.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Larry,

I would expect that legally the clock would start over. The problem would be the perception of the individual marking the time. If the individual saw the car on Monday before you left and again on Tuesday after you returned they have zero knowledge of the vehicle being moved. In their eyes, the vehicle had been continually parked there. This would probably mean that the vehicle would be towed (if allowed).

The burden would then be left on the homeowner to prove the vehicle had been moved to go camping and win or lose the argument, the vehicle would have been towed and the homeowner inconvenienced.

I would suggest that you recommend the Association establishes some method of notification for the homeowner to inform the Board of their plans so this type of misunderstanding could be prevented.

Tim

MicheleD (Kentucky)
Posts: 4,491

Posted:

It may be in your association's best interest to amend the restriction in such a way as to make the intent the focus.

In other words, the intent was most likely giving allowance to homeowners to load-in and load-out for trips.

The restriction should state that.

It shouldn't take 3 days for load-in or load-out, anyway, so it appears whoever drafted the covenant was trying to be generous and now it appears that some people are trying to take advantage of that.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

Quote:

Posted By MicheleD on 06/05/2010 11:24 AM
It may be in your association's best interest to amend the restriction in such a way as to make the intent the focus.

In other words, the intent was most likely giving allowance to homeowners to load-in and load-out for trips.

The restriction should state that.

It shouldn't take 3 days for load-in or load-out, anyway, so it appears whoever drafted the covenant was trying to be generous and now it appears that some people are trying to take advantage of that.

And should the H/O desire to make a trip every other day?

Make the load/unload period 24 hours.

Put the (new) restrictions to a membership vote .... but the existing members would be 'grandfathered in' under common law.

Then deal with "And should the H/O desire to make a trip every day?"

Y'all really need to get lives and pull your heads out of the sand.

How? Taking advantage by FOLLOWING the (albeit poorly) written covenants?

MicheleD (Kentucky)
Posts: 4,491

Posted:

I disagree that there is any "grandfathering in" of changes to this type of restriction.

TimB4 (Tennessee)
Posts: 21,059

Posted:

John,

Grandfathering is never automatic. It has to be specifically stated that grandfathering exists. For Associations this can be done by a general grandfather clause or by stating it for individual guidelines.

Tim

MaryA1 (Arizona)
Posts: 7,043

Posted:

As Michele has stated, this is NOT the type of restriction that could effectively be grandfathered, whether grandfathering is automatic, per the docs or board adopted rule, or not.

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