What is 'screened from view'?

Started by CherieH • 6 replies • 7417 views

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CherieH (Arizona)
Posts: 19

Posted:

Our CC&R's say that parking of trailers, trucks & RVs is permitted in the side or back yard if screened from view from the street and neighbors. Since you can't screen a motor home from view then they are not allowed. Or, is a M.H. cover (the heavy material type) considered a screen since you can no longer 'see' the MH? This is a big delemma for our board.

BrianB (California)
Posts: 2,820

Posted:

Just my two cents:

A solid, or mostly solid barrier that does not rest upon the item being "blocked" is a screen. Typical Lattice, supported by posts, would not quite be a screen to me... double the lattice (one over the other), and i would count it. Lattice with ivy growing through it would count. Lattice with a shadecloth attached would work. A blanket, tarp or cover tossed over the RV would not. Oddly enough, a blanket between two posts would.

personally, your HOA should better define what they want to see as a screen, before they get 5 mil plastic sheeting between 2x4 posts put up.

CherieH (Arizona)
Posts: 19

Posted:

Our board is very concered about that. We don't really want to see any of these screens that are big enough to cover a 10' MH. That's why we were hoping a custom cover would sufice.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By CherieH on 06/29/2010 3:38 PM
Our board is very concered about that. We don't really want to see any of these screens that are big enough to cover a 10' MH. That's why we were hoping a custom cover would sufice.

You don't want to see it, and it's very likely that local zoning restrictions or ordinances don't allow for a screening structure that high in a residential area anyway.

It's fairly apparent that a vehicle as large as a motor home is by default not allowed to be stored on a lot in the development.

SureshD
Posts: 268

Posted:

Here's one example of a legal description of screening. It does not necessarily mean total (visual) obstruction of the item.

“Screening is a visual and acoustical barrier which, through the use of buffers, natural topography, landscaping, fences, walls, beams or approved combination thereof, is of such nature and density that provides year-round maximum capacity from the ground to a height of at least six (6) feet that screens structures and activities on the lot from the normal level of a first story window on an abutting lot.”

Ref: Ga. Outdoor Network, Inc. v. Marion County, 2009 U.S. Dist. LEXIS 72947, 16-17 (M.D. Ga. Aug. 17, 2009)

MaryA1 (Arizona)
Posts: 7,043

Posted:

Cherie,

I don't know where you're located in AZ, however where I live in Glendale, depending upon the year when the house was built, it's against city code to park a vehicle in the side yard if the area is not paved.

IMO, "screened from view" means the vehicle is behind some aparatus (a wall or dense landscaping) so that it cannot be seen -- covered or not. Contrary to what you say, to just cover the MH is not "screening it from view". Just look at a MH with the type cover you describe on it and you will still be able to "see" that it's a motor home. BTW, most HOAs do not allow vehicles to be covered as it gives the appearance of being stored and that is also a violation.

As I see it, this should not be a dilemna for the board. If they want to allow motor homes then they can interpret this covenant to define "screen from view" as meaning a motor home cover is allowed. If they don't want motor homes, then they should rule that a motor home cover does not screen from view.

RickW (Illinois)
Posts: 169

Posted:

Quote:

If the board was hoping a RV cover would suffice then it should be considered. However, I wonder how the rest of the association feels, many might agree if they here the logic of the board's reasoning. Every association and the buildings involved is different.

I'd suggest the board come up with some proposed guidelines to cover this issue. Address acceptable "screens" as well as unacceptable "screens". Then you should have them reviewed by the management company and/or attorney. If the guidelines meet their review, propose to be added to your Rules and Regulations. Bring it to a vote of the homeowners and see where it goes.

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