ignorance, judgment, neighbors

[Usmcsousa]

SO my wife and I bought our first MH finally!
But first lets rewind.
About a year and a half ago, we bought our first home, 2000 square ft absolutely beautiful in a quite dead end neighborhood.
I knew then i wanted two things, a flag pole to fly my usmc and american flag and a large enough driveway for a class a.
Our "wonderful " neighbors have been great up until recently.
A few months ago, i pulled our new used 34 foot gem up to our home and like with any new toy, began making it ours, wash wax rip out the old, put in the new ect.
Not even 4 hours into my endeavor, this 200+ year old lady from waaay down the road( not visible from our property ) walked up to my driveway to kindly explain to me that there are restrictive covenants in our neighborhood. Which my realtor neglected to inform us of.
She came back the next day with a print out, sure enough, no flag poles, no motorhomes, amongst 140 other ridiculous restrictions.
About a week later i moved my mh off of MY property and into storage. Even though. We have NO hoa and 3/4s of the neighborhood are not in compliance with the covenants.
I recently found a facebook page of our neighborhood where i read a lot of nasty comments from about 4 select neighbors of which I've never met, calling us trailer trash and scum, putting their childrens safety at risk ect.
I was shocked to say the least, not One of these folks actually spoke to us about their concerns, just blasted my character over the internet.
Am i crazy for wanting to sell my $200,000+ home to go live in my MH with the friendliest "trailer trash" people I've ever had the pleasure of meeting throughout our short RV'ing travels?

[CA_Traveler]

A lot of good comments here. You don't seem like someone that would just sell the house without a fight!

If you signed the restrictions then:

1. What does it take to change them and are the restrictions just your HOA versus city, county and state? The small number of RV owners in our HOA got into a legal fight over HOA interpretation by 4 homeowners. In the end we took a CC&R change to the homeowners and it was approved.

Get to know your good neighbors and see what might be done.

2. We the community are now doing a complete rewrite of the CC&R and it's out for a vote (nothing to do with RV's). One of the many issues were invalid CC&R restrictions due to changed state or federal law. For you it could also be city or county law. Your and neighbors flagpoles restrictions could be a very strong rally point for others. Reasonable restrictions on a flagpole could be OK but who wants to exclude flying the American Flag?

3. Anyone in your family handicapped? Federal law has all kinds of limitations for a handicapped person. ie The HOA might be able to limit RV parking on your lot but not exclude it. A one day limit for example is unreasonable.

4. Keep a log of EVERYTHING being posted or written about you. It could be very useful. Do not reply to any of this type of material.

Make it work for you and thank you for your service!

[bighatnohorse]

The covenants are meaningless if the HOA isn't properly maintained.
HOA's are titled 503(c) corporation.
The corporation has to have a president, treasurer and secretary.
Each year they have to file a report with the state (at least it works that way in Washington State).

If the 503(c) corporation is not maintained then it looses it's authority with the state.
And the covenants become meaningless - there is no way to enforce them.

Check with who the president is, also the treasurer and secretary.
You should have been presented a copy of the bylaws during escrow.
The HOA may have let the organization slide and the neighbors are simply waving paper at you and talking out of their a$$.

[rgatijnet1]

Most neighborhoods have deed restrictions when they are first formed. This is something that most developers use to show new buyers how the homes are to be built and maintained, etc.
Now that it is established that deed restrictions are in place,you need to look at the realities of them. If your housing development DOES NOT have an HOA, deed restrictions are useless. The local building department DOES NOT enforce deed restrictions. Deed restrictions are enforced by the HOA and this enforcement is paid for by an assessment to ALL homeowners. If you do not have monthly assessment payments going to an HOA, you do not have one and there is no money available for legal enforcement.
Basically without an HOA, the deed restrictions become unenforceable and you can basically tell the little old lady, and any other neighbors, to pound salt.
Now, forgetting deed restrictions, you need to find out if there are any CITY ordinances that prohibits parking an RV out front of your house, etc. Some cities do have such restrictions and those are enforceable by the building code enforcement folks.
If there are no CITY ordinances restricting your RV, or flag pole, then enjoy yourself and forget about others.

[RoyB]

This was in the news sometime back about a neighbor taking a guy to court because his newly installed roof line was two high. It was HOA thing as well. I think his original roof missed the height restriction by just a few inches...

So he had to tear off the roof and make it lower to satisfy the HOA rules.

He ended up with placing his FINGERS window facing the neighbor that made the complaint...


Photo from GOOGLE Images

Roy Ken

[FIRE_UP]

Usmcsousa,
First off, I want to thank you for your service to this country, however it being torn down by you know who. Anyway, when we were looking to move the last time, we had toys. We had a boat, a Jeep and a motorhome. As much as I really like clean, well kept, nice looking, neighborhoods, with what appears to be that people (of whom we've never met) actually care about their property, lawns, landscaping, cars etc. etc. etc., it's really hard, on a limited income, to find the most perfect neighborhood within a price range we could have afforded.

But, the most important part of the move was, to find a place that would accommodate our toys. I have never, and will never, ever, "store" my coach away from our residence. It's a prerequisite that both of us demand that we be able to have whatever toys we have at the time, be at our home. Now, there's neighborhoods all over this country that will, or will not allow such a thing.

If one is even remotely thinking of procuring an RV in the near or, distant future, and think like us, than when looking for a new place to live, you must make sure, by inquiring to whomever you need to go to, about the placement of an RV in an intended neighborhood. There are beautiful neighborhoods all over that allow RVs to be parked at or alongside or, behind the residences.

As much as we love our coach and, RVing in general, I really HATE them in the street. I'm not fond of them in the front driveway either. Ours is alongside the home, on concrete, covered. As I stated, it's tough to find the "Perfect" neighborhood that is accommodating to your needs and, still looks good and is safe and clean.

But, in your case, as much as a serious pain in the a$$ as it would be, if you really want your RV to be near you, I'D MOVE! I know, I know, you like your home and, it was work to finally get there but, it all depends on just how adamant you (and maybe your wife) would like to have your coach with you.

I'm tinkering with mine about every day, in one way or another. I'd go POSTAL if I was forced to store it. So, it's up to you, you can take a stand, fight it, and have hateful neighbors for the rest of your life and even with spending money on lawyers, (which no one wants to do), there's a good chance you will loose and, then you're out that money and STILL HAVE TO STORE IT! Or, you can move.

Only this time, ASK QUESTIONS BEFORE SIGNING ANYTHING!
Scott

[jake2250]

Well,, test the waters a little,,, Have "Driveway camping week"! By law they have to issue a warning of non compliance!! In that they will give you a time to have what ever fixed or removed,,,, It would be right up the minute that I would stay camping!!!
Sounds like most of the neighbors are "Keyboard tough guys"!!

In the mean time,, be prepared,, photo the non compliant and prepare a notice of violations to charge them!!!

After you move your MH, bring it back and stay right up until violation time (IE 24 hours,48 hours) What ever,, then let it go for a period of time,,, then "Camping week again,, You get another warning,,, What ever!!!
If they enforce you,, they (who ever that may be) must enforce for all!!!

I live where HOA's are seldom enforced,, I did receive a notice I could not store my boat on my side yard so I moved it into the drive way,,, then saw another neighbor put paver blocks to park HIS boat on this side yard,,, I did the same,,, got the warning,, ignored it and nothing ever came of it!!!!

[Usmcsousa]

Wrong Lane wrote:
One thing I would not give up is your right to fly the flag!!

Let the HOA enforcers make an issue out of that then go to the media. Just the kind of thing that news folks love to cover on a slow news day.

My flag pole plans are still in effect. Spoke to a VA rep about the flag issue and according to him there is a federal mandate making flag restrictions unlawful.
So now will just have to find the tallest pole I can.

[donn0128]

Any and ALL HOA's should have been disclosed at least at closing. They are after all tied directly to the title of the property.
I would contact whom ever is the president of the HOA and ask them. As for the neighbors? There is nothing you can do about their attitude, so why worry about them. Yes, I would sell out and go live in the MH. The old saying "you can't fight city hall" comes to mind. Put up with the idiots or move, but don't stress over it.

[427435]

Go down to your courthouse and ask to see your recorded deed. If the covenants are not recorded with the deed, you can tell them where to go. If they are recorded with the deed, than you could have a problem-------------if they are willing to hire an attorney and go to court.

I suspect you could generate a lot of public sympathy over the flag pole thing flying the 2 flags-----------maybe enough to embarrass the rest to shut-up.

[Wrong_Lane]

One thing I would not give up is your right to fly the flag!!

Let the HOA enforcers make an issue out of that then go to the media. Just the kind of thing that news folks love to cover on a slow news day.

[jcthorne]

If you really did not agree to the 'covenants' they may not apply to you. Just because there is a piece of paper calling them out does not mean they apply to you or that you agreed to them. Especially if there is no HOA or other governing board to make them rule of law. Your real estate agent may have done nothing wrong. Many instances of local do-gooders with covenants trying to be enforced where there is no law giving such authority.

On the other hand, if there are such restrictions and you specifically made the requirements for an RV on site known to your realtor then they may indeed have liability in your loss. You will need an atty then.

[deandec]

If the covenants are not part of your closing documents, then someone, either the previous owner or the listing realtor may have a legal problem or the Title company failed in its actions.

The burden is on those parties for disclosure of property restrictions in most states. Discussion with the Title Company or Escrow Agent might be in order.

If the disclosures were in fact made, you have no recourse.

Becoming the Covenant Police yourself to gain exception to valid covenants because other covenants are being violated likely would not end in success for you.

Sorry for your problems, but hope you can sort them out.

Thank you for you service!

[Usmcsousa]

Honestly, I doubt anyone could or would legally enforce anything knowing they themselves are not in compliance. Its a matter of principal really. Im not in the business of starting wars, just ending them, and it was just as easy to move my coach elsewhere.
Btw, the sub development builders that signed and enacted the covenants are no longer in business. Leaves the enforcing to each homeowner.

[Usmcsousa]

These covenants go as far to say I'm allowed one dog or cat only, and any addition renovations are to be minimum of 2,000 sqft. Along with a limit of 2 vehicles per household. I have a 42ft driveway with 2 1/2 car garage.(which cannot be converted into a living space)
Btw, each of these neighbors who blasted me about an RV are not in compliance with just those.
Makes me sick that im a homeowner with restrictions more strict than rental apartments.

[Big_Katuna]

Ex realtor. Disclosure varies state to state. I would contact the state entity that regulates realtors and tell them your story and ask what recourse you have.
Be prepared to find out one of the dozens of docs you signed was the notification of deed restriction.

In Florida your realtor would be in deep kimshee but at this late date after closing I doubt you have much recourse.