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kmb1966's avatar
kmb1966
Explorer
Feb 22, 2021

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

I am looking to purchase a home and found one that has a nice driveway on the side of the home with gates. My original plan was to park my Newmar Dutchstar motorhome on the driveway behind the gates. It fits.
However, the neighbor across the street who has a 2-story house says she would be able to see the RV from her upstairs window. She hasn't mentioned the CC&Rs, but I have a copy. The CC&R does state that there are to be no RVs, trailers, boats or similar item stored on the property. That's all it says. These CC&R's are dated 1973, and there is no active HOA anymore, but the CC&R's apparently still apply because they auto renew somehow. My issue here is that the CC&R's are old, and provide no definition for 'storage' or how long is acceptable. I suppose I will consult an attorney on this issue. It seems unfair to enforce a 40+ rule without any ability to re-vote or modernize or clarify any of the rules since there is no active HOA. Furthermore there is no way to vote for the continuance of the auto renew of the CC&R. Without any HOA, there is no way to even vote to change or consider any changes to these 1970 CC&Rs. It would seem reasonable in these modern times with so many having RV's that if the property has a driveway where the RV can be stored behind the fence/gate and cannot be seen from the street, that it should be acceptable. The fact that the lady can see the RV if she goes upstairs and looks out the window seems silly. Thoughts?
ON EDIT: I have observed 5 other houses in the neighborhood with boats, RV's, and trailers in the driveway not even behind the privacy gate/fence.
  • My subdivision has subdivision covenants regarding materials of construction, setbacks, outbuildings, mobile homes etc. It does not and has never had a HOA. The covenants were put in place by the subdivision developer and are part of the deed. So the existence of a HOA is not a requirement for restrictions.

    One of my neighbors wanted to build a smaller house than the restriction (by only a couple of hundred square feet.) They made a petition and got X number of property owners in the subdivision to sign it. I don't know what entity approved the petition, nor what number of % of homeowners had to sign it. They had to have it processed before the building permit.

    I'm sure laws about this sort of thing are highly variable. My advice is to talk to an attorney, and/or the codes enforcement entity. If you do have such a petition, go around to the people with the stuff in their driveways, and their neighbors, and get it signed first.

    That neighbor sounds like a PITA and I would not care to live across the street from her.
  • consult an atty before you do anything else. also check for townor county ordinances.

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