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Old 10-03-2009, 07:19 PM   #1
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Any way to fight HOAs?

My homeowners association has a restriction against parking RVs in the yard, and it was in place when I bought the house, and when I bought the motorhome.

However, since I actually have a doulble lot on a cul-de-sac and my neighbor also has a double lot, we are both able to park our RVs where pretty much only he and I can see them. So, it appeared as though we had the only HOA in the world that actually used some common sense, and gave us both a dispensation, and let us park our RVs in our yards.

Well now it would appear as though we have some new officials in charge, and gone is the common sense. Today I received a notice of violation. I'm looking for help from anyone who has successfully fought this. I'm also wondering if the fact that they have allowed us to park in our yard for 15 months is something we can use in our favor.

Also, what is the real world enforcement that I can expect if just just ignore it? If we are not able to win and keep parking in the yard, we are selling out and going to try full timing for a while.

As always, any help is appreciated.
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Old 10-03-2009, 07:53 PM   #2
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Good Luck! The HOA Contract that You signed is going to stipulate the Rules as They were written when You signed it!
Just because You and the Neighbor have gotten away with it for over a Year doesn't make it alright.
Common sense doesn't always prevail! Get ready for the Move!
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Old 10-03-2009, 08:16 PM   #3
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Did you get the dispensation in writing?
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Old 10-03-2009, 08:37 PM   #4
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Did you get the dispensation in writing?
I have the same sutuation except When I bought my home 40 years ago I was the first owner of my home and had the permission of the builder to park a RV next to my home.
fullish me didn't get in writing. I've been fighting with the HOA for 40 years (still park my RV next to my home)

my advice---------------MOVE GET OUT it's not worth the frustration not noing when the next time your going to be called to court because of your RV. If you have the same type of nitwits running the HOA as I have they will put a lien on your home---then the fun will realy begin; these types have---- NO=== common seince at all (brains of 6 year olds).

trust me If I had to do it again----I would never; never; never; buy a home where there was a HOA
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Old 10-03-2009, 08:41 PM   #5
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The Good Sam Club offers help to RV owners on issues such as you may have. Take a look at their RV Parking Rights Manual.
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Old 10-03-2009, 08:43 PM   #6
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I got a letter from our HOA about leaving my MH in front of our house. They quoted me the regs that say no vehicle can be parked outside of closed garage for more than 10 consecutive hours during a 24 hour period or for more than 32 hours in a week.

I spent the next day noting the violators of the same rule with their cars. I sent the board a letter stating that if they did not enforce the rules consistently and continued to harass me, I would sue each member of the BOD individually and the association. They sent me back a letter saying that it was acceptable for the cars because that was different, the people had no place else to park their cars. I sent them another letter saying BS, the rules were the rules. I have not heard back from them since.

Look for the loophole! Most HOA not only refer to MHs, Trailers and boats, but also trucks and autos. They are not allowed to discriminate. They must enforce all of the rules equally or none of the rules, or change the rules!
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Old 10-03-2009, 08:57 PM   #7
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Pay close attention to some of the words commonly used; Storage, Parking, RV not Motor Home, registered vehicle not a trailer, commercial.
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Old 10-04-2009, 06:45 AM   #8
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Is there a provision for keeping the RV's under cover, in an appurtenant garage, either stick built or a steel building.

Do the provisions outlaw other items your neighbors have, such as boats, cargo containers, etc.?

You did not rely if your dispensation was in writing. Was it? Or was it made at a meeting with written minutes.
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Old 10-04-2009, 07:55 AM   #9
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Quote:
Originally Posted by Dmiles View Post
My homeowners association has a restriction against parking RVs in the yard, and it was in place when I bought the house, and when I bought the motorhome.
So, why try to fight it? I live in an HOA community as well with the same restrictions, and our RV resides in covered storage in an RV storage facility within 5 miles of our home. I knew the rules when I bought the house, and I also know that our retirement property allows us to erect an RV barn/shop (with some architectural controls) when we build our retirement home. That was one of the considerations that led to our purchase of the acreage.

One of the life lessons my dear old departed Dad tried to teach me was, "Son, pick your battles carefully." This doesn't sound like one worth fighting as your chances to prevail are somewhere between slim and none.

Rusty
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Old 10-04-2009, 08:04 AM   #10
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Enjoy full-timing.
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Old 10-04-2009, 08:34 AM   #11
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We have a similar situation here where our home is. RV' s are permitted to be parked on one's property as long as it is not visible from the street. Most homes are are lots that are four acres or larger and we live in a heavily wooded area, so most of the time, RV's do not cause the POA/HOA rules to be violated. Now, that being said rules regulating HOA's have withstood numerous lawsuits and similar civil actions in most states. The chance of prevailing in an action against your HOA is slim.
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Old 10-04-2009, 08:56 AM   #12
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We have a similar situation here where our home is. RV' s are permitted to be parked on one's property as long as it is not visible from the street. Most homes are are lots that are four acres or larger and we live in a heavily wooded area, so most of the time, RV's do not cause the POA/HOA rules to be violated. Now, that being said rules regulating HOA's have withstood numerous lawsuits and similar civil actions in most states. The chance of prevailing in an action against your HOA is slim.
May I add to ---slim----- you have NO chance of prefailing;

these retards (my defination) have no common sence at all. My HMO got a partion and tried to get all my next door neighbors to sign it; not a single one would sign it; the trouble makers live more than a half mile from me. they hired a management firm; I have no idea why; we have one small grass area that we used to collect $10 a year to have someone mow it. last year the management firm collected $200 from each homeowner for expences; there are 91 homes in this development.$18,000 collected.
I call it protection money; just like in the 1930 when the shop owners paid the mob for protection or the business would be distroyed.
pay up or they put a lien on your property; (of the 91 homes 11 got liens in the past years) can't sell; words out and homes don't sell; home up the street from me has been on the market for three years.
There is way to much to tell on this post---but you folks get the idea.

I'll say it again SALE get out while you can.
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Old 10-04-2009, 09:15 AM   #13
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It`s fairly simple, abide by the rules or move. The rules were in place from the beginning.
If your neighbors brought in pigs&chickens behind their fence you would probably be after the HOA to protect you.
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Old 10-04-2009, 09:17 AM   #14
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I wouldn't try to fight them I would try to have the rule changed. If you attend the HOA meetings and have enough people there that agree with you they will change the rule. It does not hurt to complain obout other violations that can't be resolved or is a problem so they may consider a rules change. Our HOA had a rule of 24hrs and the county had a rule of 5 days 4 times a year. Our HOA has now adopted the county rule. When the HOA rules were first writen there were good reasons for them but things change, people change and sumetimes the rules should be changed but you have to have a majority and you and the people with like ideas have to attend the meetings and express your opinions. If that doesn't work become a board member and your opinion will count more.In other words IF YOU CAN"T BEAT THEM JOIN THEM.
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