kmb1966 wrote:
After speaking with the code enforcement division, and the city planner, there is no CITY code I would be violating at this particular residence, parking the dutchstar the way I have indicated, which is, on the concrete pad that is to the left of the house along the side of the property and behind the gate.
You're confusing two issues. Most municipalities do not enforce CC&R's. What you need from local codes isn't about enforcement but the
definition of "parking" and "storage". Like AZ, NM also uses the "common meaning as defined by local authority". Even if the city or county has no rules on the RV, their
definition of parking and storage would apply to the CC&Rs absent any specific wording in the CC&Rs.
kmb1966 wrote:
The 1973 CC&R document has not been updated since 1975 and indicates that it lasts 20 years. In which at that time "Auto renews" for 10 year successions unless there is a vote by the land owners to discontinue the CC&Rs or a portion of it. So, by that definition, the CC&R's are still valid, but there is no forum held to discuss the continuance or discontinuance of the rules or any part of the rules.
You're again confusing two issues. The CC&R are valid and enforceable per NMS Chapter 47. Absent any wording in the CC&R as to the abolishing or amending the CC&R, it resorts to the property owners to obtain a court acceptable agreement to eliminate or change the CC&R. Just because it's not written in the CC&R doesn't mean they can't be enforced through a private lawsuits. Any property owner can sue any other property owner for violating the CC&R. Based on NM case law, unless the the violation is against good public order, the courts generally uphold the CC&Rs.
kmb1966 wrote:
You can't change the rules because there is no forum held to update/change/delete any of the rules, so they just kinda go on and on.
Yes you can. NM Statutes say you have to obtain an agreement by the majority of property owners to change the CC&R if there is nothing in the document establishing a formal mechanism. A property owner opposed to the change can sue you and it would require a Judge to review the agreement and if the majority agreed to the change, it's changed. The process and procedures is a bit sketchy but there is ample cases in NM on this and your lawyer should be able to walk you through the process.
If there have been repeated, continuous and open violations with no enfacement, it appears that will go greatly in your favor if you sue to abolish or are sued to enforce the restriction. The easiest seems to come down to someone writing a formal document that the the majority agrees on and it survives any opposing court challenge.
