Property rights, HOA's and your B van

I know this topic comes up now and again and can get people stirred up. Please keep your participation in this thread on topic.

I live in a small subdivision of fairly nice homes. Not rich people, but definitely nice and well kept. Our HOA has only a couple pages of rules - mostly concerning building your house in the first place. One item on this list is "no overnight RV parking". I knew that going in, so I can't really argue with it. I've lived here 5 years now.

I've also been an RV "enthusiast" while living here. During the warm months, I probably have my RV here at the house 3 or 4 days a month. Loading up, cleaning up, doing projects, etc. Mostly to load up and head out early the next morning. In these 5 years, no one has ever said a thing or cared. Nobody is saying anything to me now.

In fact, I had visitors for a week who parked their 5th wheel in my drive and stayed the week. My guests got to meet some of the neighbors, and everyone got along great at the cookout I had at the house. Not a single complaint or a grumble.

But now I think I've opened a can of worms. Because a neighbor has seen my RV at the house on occasion, he now thinks he can store his travel trailer permanently along side his garage. Now I'm not one to care, but the other neighbors are complaining, or at least chatting about it. Some are of the mind that since the rules have been ignored, he's entitled to break them too. Others are wanting a total crack-down - no parking ever.

To try to keep the peace, I've offered this neighbor free parking at my commercial building to store his RV when he's not using it. He was non-committal about my offer, so I'm taking a wait and see approach.

What do you guys think? I'm in the wrong? He is? Please refrain from the comments like "I wouldn't live in a place like that, etc. " It's a nice neighborhood, I generally like all my neighbors, and I want to continue living here.

Class B

Fishinghat
Explorer II
Jul 04, 2014
We have a HOA consisting of 13 houses, and I'm the self appointed President, Chairman, etc, since no one else wants to do the job. I've filed amendments to our rules by filing under Grantee/Grantor (or Direct/Indirect) in the county court house. That is the only legal way of changing the rules.

Each homeowner gave up the right to park a travel trailer (along with a bunch of other rules) on his property when he bought the house, and the loss of that right passed down to subsequent owners. If a neighbor parked his travel trailer on his property, he is taking away a right he came me (and the other neighbors). So, the owner can ask the HOA to enforce the rule, and if it doesn't, then the owner has a legal right he can pursue thru the legal system.

These HOA rules are different than laws passed by local governments, such as zoning laws or building permit rules.
Naio
Explorer II
Jul 04, 2014
I definitely understand not wanting to move over this!

>It seems that, from other violations in the past, it depends on how well you are liked as to whether they enforce the rules on you - my opinion only.

I think that's the way life works everywhere.

In your shoes I would be trying to decide whether to informally asking people whether it bothered them that I sometimes parked overnight, or just not mention anything. And I would be aware that sometime a new person might come onto the board and overnight parking might no longer be an option.
Fastpaddler
Explorer
Jul 04, 2014
I believe it depends on the strata rules of your HOA. Here at our Gated Community we have a clearly stated Allowance for 72 hrs per month. That allows rv owners time to bring their rvs from the RV yard(which we have for storage) and get it ready for our next trip or just to work on it ie charging batteries or loading it with groceries and stuff. We are not allowed to park an rv on our lot/driveway indefinitely. Usually we just get it ready and go.

This strata rule seems to work well here.
garmp
Explorer II
Jul 04, 2014
Our HOA has never said a word to us. Our Sportsmobile is more respectable looking than a lot of the conversion non-camping vans around. We have the penthouse top which raises to 6'8" inside and closes to just 4" above the factory roof. Stealth, if you will. It is also our second vehicle the DW drives regularly. But there again our HOA is the result of a modest subdivision. People who live here can't afford a huge A to park anyway.
wincrasher65
Explorer
Jul 04, 2014
Ours has some odd things too - window awnings are specifically banned. The developer must have had a thing for them at the time, I guess.

All the rules I mostly agree with, and don't mind having to submit plans for changes or new things for approval. It does keep down people throwing up cheap stuff.

It isn't a free-for-all going on. It's a mailbox here, a window ac unit there, a shed there. And the parking issues we've discussed. Nothing big. One guy down the street just doesn't think any rules apply to him, so he's always trying to build stuff, etc. It's almost like he's taken the list of rules and is going thru it one, by one to do things that violate them. Really odd. Maybe that's how he entertains himself. One of the board members is keeping an eye on him, I suppose, that's probably why he's always in trouble.

Everything I've asked to do - a shed project and a fence project was approved without changes in a couple days.
Jim_Shoe
Explorer
Jul 04, 2014
I've served on our HOA board and on the township's zoning board. Most HOA rules are boilerplate brought in by the developer, who usually leaves town after he sells everything. Some rules are absolutely stupid. "Prior approval required for the design of a front screen door." "No motorized vehicles parked in driveways except behind the back line of the house." Our board met once a month, basically to take care of bills for mowing common property. But if somebody complained - well, you know.
Finally, one of my neighbors got himself elected to the board and, along with the other board members, sent out the annual meeting notice mentioning that they would start enforcing the rules. And he gave the time and place for the meeting. Well, we had a packed house. When he stood up, he said, "Now that I have your attention...". And with a quorum, we changed the rules to something that everyone could live with.
toedtoes
Explorer III
Jul 04, 2014
BB_TX wrote:
Likely an outright enforced ban is imminent.

I wouldn't necessarily count on that. It appears (from the OP's comments) that the board isn't exactly a very active one. Folks grumble but don't bring it up to the board; folks joke about "don't turn me in"; etc. Doesn't sound like the board is the go-to solution for the neighborhood.
BB_TX
Nomad
Jul 04, 2014
The problem with a small violation (B in your case) being ignored, typically leads to someone else pushing it a little. And if that person gets by with it, then there will be someone else to go even farther. That is why the rules must be followed and enforced to the letter of the requirements.

Likely an outright enforced ban is imminent.
wincrasher65
Explorer
Jul 04, 2014
Cuffs054 wrote:
And this is exactly why I got off our hoa board.

We haven't had a meeting in 3 years. Each January the HOA president sends out a letter asking if anyone wants to have one, and if anyone want's to volunteer for the board positions. Nobody ever does, so the status quo is left to ride. I suppose the board meets if an "issue" comes up.

The treasurer has said this is his last year, so that position is open, so maybe we'll have a meeting next time.
Neverhappy
Explorer
Jul 04, 2014
I would move