Community Forums

chasfm11 · 12-13-2006, 01:24 PM

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I was a victim of a "vigilanty enforcer" </div></BLOCKQUOTE>
Whatever happened to the right of the "accused" to face his accuser? I realize that your situation is a formal court but the consequences are serious, at least to you.

Your city is not allowed to do selective enforcement of any ordnance. I believe the matter could be quickly dismissed with a photo survey of your fellow RVers within the town limits. It should be worth a couple of rolls of film to give it a try.

mrschwarz · 12-17-2006, 05:33 AM

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by obiwan:
We bought our first bus on 11/04, 31 days later we received a letter from the HOA telling us that we cannot have our bus parked on the city street, yes the one our tax dollars helped pay for. </div></BLOCKQUOTE>

I used to live in a development that had an HOA. It seems that they can control what you put in your driveway, but if they did not own the street, they had no jurisdiction over it. The town's ordinances covered the city-owned street. We couldn't park a boat in our driveway, but we could on the street.

obiwan · 12-17-2006, 10:58 AM

They do not own the streets, that I know of. We have received 3 letters now all of which reminding us that we are breaking the rules and need to comply, however no mention of time to correct or what may happen if we fail to comply.

I don't think they have standing to tell me what I can park on the public roadway in the development. Otherwise they would be threatning fines and liens on my property.

GaryKD · 12-17-2006, 11:40 AM

I was the victim of the same situation. Like previously posted, I contacted Good Sam and FMCA. I got all their information on past cases. I quietly went to the code enforcement manager and provided him with a nicely bound booklet with all the information organized for easy reference. I then asked if he would join me in a meeting with the Village attorney. The three of us spent 30 minutes in a high level review of the past RV parking ordinance cases. We also discussed organization like GS, FMCA and motor coach owners in general (like how much these coaches cost and how we take care of them). They thanked me for the information. about 6 months later and ordance was passed to allow parking of RVs, boats, etc on a person's property as long as a list of items was complied with. The list included a bunch of minor stuff, no big deal.

During the 6 months it took them to change the ordance, the vigilanty kept calling the code enforcement office complaining. In my village the complaining person may remain annonomous from the victim, but they must identify themselves to the enforcement office. On the 7th trip to my house, I suggested to the enforcement officer she look closely at the complaining person's property. There are so many restrictions in my village it is impossible to be 100% compliant. When she sees a violation, put me down as the complainer and send a violation notice to the vigilanty. As she pulled away I notice she stopped for a few minutes at a house two houses away from mine. Within 30 days the "neighbor" had a contractor remove the brick pavers he had installed replacing the public sidewalk concrete. He complained it cost him $1500. because some SOB complained to the Village about a slipery sidewalk. The bottom line is there have been no additional code enforcement visits to my house.

At this time I am in full compliance with all Village rules regarding RV parking.

mamaloya · 12-18-2006, 04:30 AM

What a pain in the hind quarters! We lived in a neighborhood with a "covenant". We were actually supposed to pay dues each month to the HOA for use of a pool that we would never use and whatever else they claimed it was for. We never paid our dues. Turns out since our realtor failed to have us sign the covenant when we bought our property, they had no legal recourse. The only rule about rv's/boats was that they could not be readily seen from the street.

Now, we are in military housing. We kept our popup on our property at our last home on post and noone said anything even though it was not allowed. It did not interfere with them mowing and was not too visible. In the new housing we have moved into, we are not supposed to have it on the property, not even in the garage! There is no place to put it anyway as the lot is so small this time. We do have a couple of neighbors that we have caught glimpses of boats in the garages, but they keep the door closed and noone complains. Our immediate neighbor kept their utility trailer parked out front all the time in the street, which bugged me. I never complained, but if I had, it would have been moved. I am not a busy body type. It did cut visibility though. They moved while we were at WDW so it is no longer an issue.

As for us, we put our popup into the PORV (personally owned rv) lot on post. It is only $15/month for a popup and we have a card key to get in. It also has a hookup area and area for washing it. The spots for big rigs are only $25 or 30. That said, it is not paved, it is gravelly, but tightly packed. I think the big rig side is paved though. It is quite a pain to have to go there to load/unload and hitch/unhitch. Housing does allow it to be parked in front of our house for 48 hrs prior to and after a trip, so it is not too bad.

My point to this is that if you are military/retired and near a base, you may be able to find a PORV lot and not have to refinance the house to afford a spot. Big pain, but a spot until you can resolve the matter.

Geechee · 12-19-2006, 06:42 PM

Our problem was with the HOA. They tried to prevent RV and boat owners from parking in their driveways overnight. We always have parked in our driveway for the few days it takes to load and unload for / from an extended trip. Our driveway is of sufficient length that our 34' MH is not extending pass our property line. I found some case law that appears to say you cannot be denied normal use and enjoyment of your property unless it is for health or safety concerns. There is also case law that supports the rights of a HOA to place restriction on the habitual use for other than as required for normal habitation. After presenting this information to the HOA, they have backed down and agreed that as long as it does not exceed 72hrs it is O.K. It seems funny to me that the same suburbanites that say they are for less government want to control everything their neighbors can and can't do.

Fxrscotty · 12-19-2006, 06:52 PM

I can only guess at what a PIA this has to be! My Dad had this problem in FL so he bought a lot in the bussness section of town and stored it there. That was fine until it started getting vandelized. Good luck.

Y-Guy · 12-22-2006, 09:12 AM

We bought in an HOA that allows parking, with some restrictions, fine by me. I park off site for $40/month without complains, but I can park in front of my house for 72 hours for loading and unloading. I did my homework before I bought, if they change the rules for the City I can probably squeeze the rig on the side of the house but it would be tight.