I've seen a few anti-HOA posts over the years and figured this is a good place to start... FWIW, I don't mind the idea of an HOA that applies common sense and have no issue with rules that keep the neighborhood to a certain standard to protect the investment. I get the concept. That said, and without explaining every nuance, there is no way that a trailer in my driveway parked behind a pickup truck is violating the "intent" of keeping things from looking unkempt.
As far as trailers go, it's beautiful (fully constructed, not flatbed, weathered etc...) It's definitely not an eyesore or anything. It has a low profile and about 5% of it is visible for a nanosecond at just the right angle when you pass my house. I can't put it in the garage and if forced to comply, the only solution to be technically compliant to the HOA rules is to park it in the street in front of my house since public property can't be controlled by an HOA. And... every time I remind the HOA of this "solution", they typically go away for another 6 mos.
BUT... this time they wrote the following after granting the driveway park:
Also, in regard to the street parking. This is verbiage that was received from a lawyer regarding parking concerns and issues within another community, so in actuality the HOA does have the authority to enforce parking regulations even on streets.
"I frequently deal with arguments that the HOA does not have “jurisdiction” over the streets, if they are public streets. This is incorrect. The HOA does not need “jurisdiction,” and there is no city ordinance providing that parking on a street is somehow a right, or that a HOA may not limit street parking within its community. The fact of the matter is that Covenants are a contract among all of the homeowners. All of us have the right to contract away the ability to do things which we would otherwise have the right, or the ability, to do."
What this sounds like is some lawyer-speak taken out of context that begs many questions. I'm not looking to rub it back in the HOAs face but I do want to be prepared if they ever play the "lawyer threat" in the future, and I plan to do some homework on this. Guessing that the lawyer is saying that the HOA has every right to make pretend laws for everyone to follow but what's been excerpted is the illegal nature of their enforcement on publicly owned streets.
Is anyone here familiar with this sort of case law regarding the limits of an HOA to enforce laws?
As far as trailers go, it's beautiful (fully constructed, not flatbed, weathered etc...) It's definitely not an eyesore or anything. It has a low profile and about 5% of it is visible for a nanosecond at just the right angle when you pass my house. I can't put it in the garage and if forced to comply, the only solution to be technically compliant to the HOA rules is to park it in the street in front of my house since public property can't be controlled by an HOA. And... every time I remind the HOA of this "solution", they typically go away for another 6 mos.
BUT... this time they wrote the following after granting the driveway park:
Also, in regard to the street parking. This is verbiage that was received from a lawyer regarding parking concerns and issues within another community, so in actuality the HOA does have the authority to enforce parking regulations even on streets.
"I frequently deal with arguments that the HOA does not have “jurisdiction” over the streets, if they are public streets. This is incorrect. The HOA does not need “jurisdiction,” and there is no city ordinance providing that parking on a street is somehow a right, or that a HOA may not limit street parking within its community. The fact of the matter is that Covenants are a contract among all of the homeowners. All of us have the right to contract away the ability to do things which we would otherwise have the right, or the ability, to do."
What this sounds like is some lawyer-speak taken out of context that begs many questions. I'm not looking to rub it back in the HOAs face but I do want to be prepared if they ever play the "lawyer threat" in the future, and I plan to do some homework on this. Guessing that the lawyer is saying that the HOA has every right to make pretend laws for everyone to follow but what's been excerpted is the illegal nature of their enforcement on publicly owned streets.
Is anyone here familiar with this sort of case law regarding the limits of an HOA to enforce laws?