HOA question...

[vxooxv]

Got the lovely letter from my HOA and hoping there is someone on here that can clarify a little more legally ...

State: VA
Single family homes... half acre lots.

Basically says i don' t comply with:

No trailer, bus, camper, motor home, truck larger than three-quarter ton, commercial equipment, .... blah blah... may be parked or stored within X Subdivision except for commercial equipment and vehicles temp located therein for the purpose of performing necessary construction repairs. No stripped down or junk vehicles or any sizable parts thereof shall be permitted to be parked on any street or lot.

Q. So i'm assuming this means i can't put it in garage - though i seriously doubt they would enforce that.
Q. I'm also assuming that trailer = boat on a trailer (legally speaking) what makes a trailer a trailer vs say storing my boat on a rack lol

Now then -

Validity and Enforcement:

-The failure on the part of the Declarant or any Owner to enforce any restrictions contained in this instrument shall not be deemed a waiver of the right to do so thereafter for the same breach or one occurring prior or subsequent thereto.

-Enforcement of this instrument shall be by proceedings instituted by any Owner at law or in equity against any persons or other entities violating or attempting to violate any covenant, either to restrain violation or to recover damages therefor. In any such proceeding, an Owner found to have breached any covenant contained in this instrument shall be responsible for the cost of the enforcement proceeding, including the prevailing party's attorney's fees.



Am I just plain screwed????

 

[haknslash]

Wow so they don't even allow you to park it out of sight and in your own garage? And here I was thinking my HOA was crazy. At least with mine they allow us to have a trailer, boat, whatever so long as it fits in the garage. we are not allowed to park them on the side of the house, backyard, driveway (overnight). These "rules" are going to vary from from one HOA to HOA. Some are privately owned with voted members who live in the neighborhood and others like mine are handled with a 3rd party company. All depends on your neck of the woods so to speak.

 

[Ancient canoe]

I doubt it means you can't put it in your garage. I would guess they are just referring to parking it in your driveway, yard, or on your street. HOAs in Texas have a lot of power, so I would guess if it's similar in VA you are screwed.

 

[Scottintexas]

did they mention your boat when they sent you the letter?

our HOA doesn't allow utility trailers but does allow boats,

our HOA had the rules are enforced by a third party management company who is just cruising the neighborhood, so many times the HOA board doesn't even know letters went out,

I would suggest talking with someone on the HOA board to get clarification, I can't believe they wouldn't let you park it in your garage as long as it is out of sight,

Try to be a good guy and approach them with a get along attitude first, they are volunteering for the job

 

[MattFX4]

Not to be a dick, but you are given a copy of the covenants when you purchase your home, and you agree to these buy signing on the dotted line at closing. Sucks, I know. My next home will not be in a subdivision.

 

[Julian]

The funniest story I read about HOAs and boats was a battle between a home owner and HOA.....HOA said no boats and they got into a big battle. Turns out the county he lived in had no such prohibitions about parking boats on the street. So he moved it from the driveway to the road! They can't legislate what is parked on the road (or that is the story anyway).....

 

[Scottintexas]

my HOA was being advised/operated by a management company who worked "for the board of the HOA". They also had several other HOA's in our town. In order to try to show they were earning the fees they would give suggestions for new by-laws to the board to vote on at meetings and say these other HOA's are doing this or that,

One street had a lot of people parking on the street and it was only a single lane to go past 3-4 houses (unfortunately the HOA president lived at the end of that street, guess what was on the agenda to vote for), I called the city and asked if they could legally fine or tow cars from public street and they laughed and laughed, when I called the management company and advised what the city had said and said they would be part of the lawsuit against the HOA I would be filing it ended up not being on the ballot,

I made the mistake of parking my dually on the street the day of another meeting, everybody had to drive past it and scoot over a little bit further, guess what was brought up as an item to amend the by-laws, no commercial or heavy duty trucks allowed to be parked overnight (luckily enough people were there to laugh that one away)

Thankfully that group of board members finally got the message that we just want to live with the rules we signed up for or rotated out and for three years we haven't had any "recommended" changes.

 

[djetok]

Sounds like mine. When I moved into the new house. After trash day I rolled the cart up to the backyard behind the wrought iron gate. You could not see it unless you Wales up my drive one turn around my house 6 steps to the gate and peak through and look left of the gate. I got a letter and had to build a cart corral in the back yard. Or store it in the garage.


Management companies trying to earn their keep as posted earlier

 

[Speedling]

Move.
Get as far away from the city as you can and still be comfortable. Get acreage.

 

[ToddW850]

Down here in Florida, we have issues with HOA and homeowners come up. What you are dealing with @vxooxv is a civil matter and not criminal. You won't be arrested or ticketed. However, the HOA can certainly take you to court and make you pay "fines" for the violation of the HOA rules. They do it here on occasions.

And like above, if it will fit in your garage, I'd do that all day long. As long as you mainly keep your garage door down, I wouldn't think it would be an issue. Good luck.

 

[Bill D]

In Tuscaloosa it is a city ordinance. Another way to drum up money from all the college kids here. The first day we had the boat in the driveway we got a ticket. (My HOA secretary lives in direct sight of my driveway.)

After reading the fine print of the city code, I now know that I can keep the boat in the driveway for "a period no longer than 24 consecutive hours" for loading / maintenance, etc... The city dropped the ticket and I haven't had any trouble since.

 

[chess]

Im the president of our HOA (unfortunately) here in MD, and alot of what you're saying is the same.

My suggestion is if you can put it behind your house if possible and if its fenced in they may grant you a waiver.

My buddy and his wife are running into their HOA with issues too... and the other guy I boat with is their neighbors. The HOA is coming hard after him because he has his boat backed into his drive way (2 car garage with driveway) and are giving him
a hard time...

Shitty stuff !!

 

[bronze_10]

HOA are a pain in the ass... I don't have one.. that's why I moved here... my bright red sx230 is sitting proudly in my driveway.... i.love hearing when people fight some stupid ass rule a HOA board member is pushing simply because they suddenly have a small amount of authority over someone. But be careful... in nc they can put a lean on your home for the fines..

 

[billyb]

When the wife and I built this house in 99' our hoa had a "no satellite dish" rule. I told them I would be installing an 18" directv dish on my roof. She said that was fine, this was for the old school 6' dish. I said, but this doesn't say anything about size, it just says "satellite dish".

I made her amend it for a size restriction or I wasn't buying.

 

[blacksapphirez]

Our neighborhood is generally good about keeping off the streets but STREETS are public and the HOA can not enforce the rules(depends on your HOA!)
I park mine over the weekend have no issue. I am not going to be an ass and park it for a week either.

 

[MattFX4]

my HOA was being advised/operated by a management company who worked "for the board of the HOA". They also had several other HOA's in our town. In order to try to show they were earning the fees they would give suggestions for new by-laws to the board to vote on at meetings and say these other HOA's are doing this or that,

One street had a lot of people parking on the street and it was only a single lane to go past 3-4 houses (unfortunately the HOA president lived at the end of that street, guess what was on the agenda to vote for), I called the city and asked if they could legally fine or tow cars from public street and they laughed and laughed, when I called the management company and advised what the city had said and said they would be part of the lawsuit against the HOA I would be filing it ended up not being on the ballot,

I made the mistake of parking my dually on the street the day of another meeting, everybody had to drive past it and scoot over a little bit further, guess what was brought up as an item to amend the by-laws, no commercial or heavy duty trucks allowed to be parked overnight (luckily enough people were there to laugh that one away)

Thankfully that group of board members finally got the message that we just want to live with the rules we signed up for or rotated out and for three years we haven't had any "recommended" changes.

I know it's aggravating but it really is a pain in the ass when people park in the street in neighborhoods. In my neighborhood we have same offenders every night and it really makes it tough getting out in the mornings. Especially on the main road going through our neighborhood. You're right though. Here in Georgia the HOA can't legally have cars towed from the street. However, if the car is parked just over a hill, or on a curve and it is blocking your line of sight, then we can call the police and they come out and have it towed!

 

[MattFX4]

Hoa's get a bad rap, but I tend to agree with them. Nothing worse than paying $350,000 for a house just for a group of neighbors to do whatever the hell they like to drive down property values.

 

[greg]

My HOA will tow and car after 1 am in the streets. But they allow boats in the garage and They have not messed with me about me keeping it at the house on weekends. I live in FL and my neighborhood has mostly older folks. I stand out like a sore thumb with the dirt bikes and jets skis and the boat. But they seem to understand that I always get rid of it on Monday. Houses here are not cheap so I was surprised they were not more aggressive with it. They do jump on you if you plant a tree with permission lol.

 

[cybuch]

My HOA is a joke!! We are only 27 houses and people do what they want where they want and the HOA Pres is a complete waste of space. With that being said, it would help if you posted what the actual verbiage is concerning boats/trailers.

 

[Murf'n'surf]

I highly doubt there is a restriction about storing a boat inside your dwelling. There is no restriction like that in my community but they do not permit boat parking on your driveway or community owned street for any length of time. Pull it out and hit the road ... No stopping. Lol.