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 > What is considered a house trailer?

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SC camper

Upstate SC

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Posted: 12/06/18 04:48am Link  |  Quote  |  Print  |  Notify Moderator

We have been living in our sticks and bricks neighborhood for eleven years. Neighborhood has HOA with covenants. We moved into this neighborhood because the covenants didnt prohibit rv campers. Covenant reads "No house trailer or mobile home shall be placed on any lot either temporarily or permanently". Further in the covenant stats "All boats, trailers and all vehicles other than automobiles shall be kept under suitable cover". We filed a request, with site plan, for a travel trailer cover(Adco designer) and location on our lot where the tt will be stored. Request was approved and its been no problem since.
Now there are other homeowners saying that campers are prohibited. Campers and rv's are "house trailers". Anyone dealt with this terminology in a HOA Covenant before? Thanks for any input.





WTP-GC

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Posted: 12/06/18 04:56am Link  |  Quote  |  Print  |  Notify Moderator

Your HOA convenant is specific to your HOA. Go to them and discuss if it's a problem.


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SC camper

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Posted: 12/06/18 05:02am Link  |  Quote  |  Print  |  Notify Moderator

WTP-GC wrote:

Your HOA convenant is specific to your HOA. Go to them and discuss if it's a problem.

Annual HOA meeting is tonight. Trying to gather as much info I can before the meeting. I have found HUD's definition between mobile home and travel trailer, just not much about house trailer.

CA Traveler

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Posted: 12/06/18 05:09am Link  |  Quote  |  Print  |  Notify Moderator

WTP-GC wrote:

Your HOA convenant is specific to your HOA. Go to them and discuss if it's a problem.
X2

What the OP posted sounds vague to me.

Different interpretations are often used. We changed our CCRs so they were clear to the 4 couples that were going to court for what they wanted to impose on the 4,018 homeowners.


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Posted: 12/06/18 05:18am Link  |  Quote  |  Print  |  Notify Moderator

I agree the wording is vague. Our covenants were written by the home builder company that developed the neighborhood, long ago bankrupt. HOA is 100% our neighborhood home owners. I will see how it goes tonight.

p220sigman

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Posted: 12/06/18 05:19am Link  |  Quote  |  Print  |  Notify Moderator

I would argue that the intent of the HOA rule is to prevent mobile homes from being the residence. Of course I have a tendency to be less the diplomatic at times, I would simply argue I've never seen any literature anywhere that refers to a travel trailer as a house trailer. Regardless, I would argue that if they are going to change the HOA rules/definitions, you are grandfathered in because it was approved prior to the change.

valhalla360

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Posted: 12/06/18 05:25am Link  |  Quote  |  Print  |  Notify Moderator

Poorly worded works in your favor...particularly since you have documentation that it was approved.

...unless the HOA is able to update the definition to outlaw it and remove your "Grandfather" status.


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NRALIFR

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Posted: 12/06/18 05:41am Link  |  Quote  |  Print  |  Notify Moderator

I agree the wording was most likely intended to prevent mobile homes in the neighborhood.

What will have significant bearing on the interpretation of the covenants though will be how they have been enforced in the past. If the HOA has historically prevented homeowners from storing travel trailers on their property (which seems unlikely since they approved your request) then you might have to be prepared for an unfavorable decision.

This sounds like an older, established neighborhood. Hopefully you’re not the first homeowner to store an RV on their lot.

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Posted: 12/06/18 05:45am Link  |  Quote  |  Print  |  Notify Moderator

Those arguments may/may not be agreed to by the current board and may/may not be how how a future board thinks.

I'd provide the current board your views and see where this goes. Prior approval may not guarantee continued approval. Our CCRs allow the rules to be changed and become binding as long as they don't conflict with the CCRs.

mgirardo

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Posted: 12/06/18 05:45am Link  |  Quote  |  Print  |  Notify Moderator

SC camper wrote:

Now there are other homeowners saying that campers are prohibited. Campers and rv's are "house trailers". Anyone dealt with this terminology in a HOA Covenant before? Thanks for any input.


Fortunately, it doesn't really matter how other homeowners interpret the Covenants. You have prior approval from the Board of Directors and that is all that really matters. Other homeowners can complain all they want.

I don't know what a "House Trailer" is, but my guess is the intent was to prohibit mobile homes in the neighborhood. If you were using your TT as a guest house or something like that, I could see your neighbors having a legitimate concern. Bring your letter of approval with you to the HOA meeting.

-Michael


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