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Open Roads Forum  >  General RVing Issues

 > CC&R dated 1973 says no RVs, trailers, boats can be stored

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kmb1966

Lake Charles

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Posted: 02/22/21 06:20am Link  |  Quote  |  Print  |  Notify Moderator

I am the original poster. I have found an RV storage facility in the area. There is a waiting list, but I can likely "store" the unit there. However, without the HOA existence, there is no way to determine how long I am allowed to keep the motorhome there for loading/unloading/etc. I realize that most CC&R's and HOA's determine how long a unit can sit or be "stored", but this one does not. It simply says it cannot be "stored". Therefore, it seems to me that only the court can determine what is the definition of being "stored". We use our motorhome nearly once a month and even if I store it somewhere else, it will likely need to be at my property at times. I think I'll go speak with the lady some more, and then with an attorney if possible. I willing to abide by the rules, but the rules don't fully explain how I can reasonably use my home with my motorhome, and since the HOA board doesn't exist and hasn't for decades, it seems that only a court could decide what is to be enforced and not enforced and what the time limitations are for me loading/unloading, especially when it is behind a privacy fence with a paved driveway.

midnightsadie

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Posted: 02/22/21 06:28am Link  |  Quote  |  Print  |  Notify Moderator

move on ,there rules don,t fit your lie style.

valhalla360

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Posted: 02/22/21 06:40am Link  |  Quote  |  Print  |  Notify Moderator

If you want to right the worlds wrongs at great expense and aggravation, buy the house.

If you just want a nice house where you can park your MH in the drive, go elsewhere.


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Thom02099

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Posted: 02/22/21 06:51am Link  |  Quote  |  Print  |  Notify Moderator

As previously suggested, it would be worthwhile to consult with the municipal zoning/code enforcement office. Since there is no HOA in existence, there could be some sort of statute of limitations on enforcement in lieu of no HOA to enforce, that the neighbour may not be aware of. There may also be municipal ordinance(s) that address the temporary loading/unloading situation. Many municipalities will give a resident 24-48 hours to have a vehicle at the residence for that purpose. It also could be that the CC&R is not enforceable, since there is no active agent (HOA) to initiate action. In addition to consulting local authorities, consult a civil contracts law attorney. First consultations are usually free.


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sayoung

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Posted: 02/22/21 06:52am Link  |  Quote  |  Print  |  Notify Moderator

First off no way would I buy that house with that neighbor.
2nd, Its Louisiana so the rules are very different but over here in Tx those CCR's if in unincorporated sub-divisions usually have a fine print note that they go away with the sale of the last lot. I know from a lot I bought that had restrictions as to size/materials etc and a couple years after last lot sold an owner started putting in mobile homes to rent & not a dang thing could be done

schlep1967

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Posted: 02/22/21 06:55am Link  |  Quote  |  Print  |  Notify Moderator

My question would be, "If there is no HOA, who is she going to complain to?"
And who is going to enforce it?


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mgirardo

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Posted: 02/22/21 06:55am Link  |  Quote  |  Print  |  Notify Moderator

I'm not sure I'd want to live there either. If she's already told you she will complain about the Motorhome, what else will she complain about? Just knowing you have the Motorhome will probably keep her on edge.

You would need to check with the county/state to find out whether the CC&Rs are enforceable if there is no HOA. In some states, they are. In other states they die with the HOA. In some states, the CC&Rs expire after so much time if they aren't renewed. In other states, they automatically renew until they are dissolved.

You should check to make sure you have the complete set of Covenants and By-Laws. We live in Georgia, we used to live in a HOA. We had the Covenants and a separate set of By-Laws. The By-Laws explained how the HOA was made up, described the requirements of the Board of Directors and things like that. On our copy of the Covenants and By-Laws, on every page, it had the Book # and Page # stamped on it. You should be able to go to the County Records and pull up the original documents, based on those Book and Page #s and confirm what you have is complete.

I have been told that at one time in Georgia, the CC&Rs had to be renewed or they expired after a specific amount of time. That is no longer the case in Georgia. If it were me, I'd avoid paying an attorney as this is all information you should be able to get from your Town/County/State government.

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mowermech

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Posted: 02/22/21 07:19am Link  |  Quote  |  Print  |  Notify Moderator

schlep1967 wrote:

My question would be, "If there is no HOA, who is she going to complain to?"
And who is going to enforce it?


Exactly! CC&Rs are not laws. The police/Sheriff's office/State patrol/FBI can not and will not enforce them. Whether city or county "Code Enforcement" has any authority I'm not sure, but I doubt it. CC&Rs are not really "Codes", after all.
Years ago, I walked away from a house we liked because the CC&Rs stated that a dual wheeled truck was a "Commercial Vehicle" and could not be parked on the lot (oddly enough, parking the fifth wheel was fine).
We found a house on a small acreage with few CC&Rs and NO HOA, a few miles outside the City Limits. Wonderful!

OP, if you really want the house, call the local law enforcement and ask if that neighbor calls them about CC&R violations, what will they do? If they say "Nothing!" I would guess you are good to go.


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Posted: 02/22/21 07:20am Link  |  Quote  |  Print  |  Notify Moderator

schlep1967 wrote:

My question would be, "If there is no HOA, who is she going to complain to?"
And who is going to enforce it?


This.

I was the president of my HOA and I can tell you that even with an active HOA, enforcing these covenants are difficult. They cannot themselves remove it, the only thing they can do is fine you, which typically goes against the property in the form of a lien. Yes, people may complain but in reality, there's very little they can do, especially since you can show the covenants haven't been enforced.

The developers put covenants in place, and depending on the state, the defacto HOA is turned over to the residents at some pre-determined sales level (75% sold, 90% sold, etc). If there is no active HOA board, it may be that at some point the HOA was dissolved or abandoned. How are the common areas maintained? Who pays for that? Is there an HOA assessment? Where does that money go?

We will never live in another HOA community. The story about "protecting property values" is complete BS. We had a covenant against "trucks" that was originally written to specifically to ban WORK trucks with logos and equipment, but it was (illegally) expanded to include ALL trucks, even brand new ones (like mine). But it was OK to keep a POS 20 year-old rust bucket of a Buick Regal that was never washed. You should have heard the arguments when I told them that body-on-frame SUVs were classified as trucks and had to go. That was a fun meeting.

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Posted: 02/22/21 07:24am Link  |  Quote  |  Print  |  Notify Moderator

With no HOA collecting dues to pay for an attorney, it will be up to an individual or a group of individuals with legal standing to bring an action against you. It’s been my experience that when it comes time to cough up money for retainers and other up-front costs, 99% of the complaining neighbors will run for the hills and hope somebody else steps up and defends their interests. Even the ones that will initially sign on and contribute money to get the process started will start bailing out as the costs and risks to their wealth and savings mount. I wish it wasn’t that way, but having been in the position of fighting a zoning violation that directly affected dozens of homeowners, and then having to proceed with just TWO neighbors to share the costs, that is my opinion of how things like that are going to go.

Neighborhood covenants and restrictions are only good if they are being enforced. No municipality has a Department of Neighborhood Covenant Enforcement. If they aren’t being enforced, and haven’t been for decades, they aren’t worth squat. Local zoning laws and ordinances are what will be enforced by your local City/County Code Enforcement department.

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