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

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kmb1966

Lake Charles

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Posted: 02/21/21 09:42pm Link  |  Print  |  Notify Moderator

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.

rk911

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Posted: 02/21/21 10:19pm Link  |  Print  |  Notify Moderator

consult an atty before you do anything else. also check for townor county ordinances.


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coolmom42

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Posted: 02/21/21 10:47pm Link  |  Print  |  Notify Moderator

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.


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Grit dog

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Posted: 02/21/21 10:54pm Link  |  Print  |  Notify Moderator

See what your state law is regarding how long CC&Rs can stay in effect if not voted for again. Likely they are on longer enforceable.


But I’m curious how you got to knowing the future neighbor wouldn’t like it.


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gbopp

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Posted: 02/22/21 03:41am Link  |  Print  |  Notify Moderator

coolmom42 wrote:

That neighbor sounds like a PITA and I would not care to live across the street from her.

X2. By commenting that she could see your RV from an upstairs window, she has already told you she will complain about everything if you buy the house.

steveh27

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Posted: 02/22/21 03:54am Link  |  Print  |  Notify Moderator

Do not buy that house and explain to the owners why not. My city council passed an ordinance banning all trailers, rvs, boats, etc. I fought hard for my Class b in my drive and after 2 years and getting 3 council members elected I got a variance so I am good buy cannot replace my rv.

Tvov

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Posted: 02/22/21 05:06am Link  |  Print  |  Notify Moderator

You know the house has restrictions, but you want to store an RV against them anyways. You already have a future neighbor who said she will complain - and on first glance it seems she is correct.

You are going to have a long, drawn out fight. You have to figure out if it is worth it.


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04fxsts

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Posted: 02/22/21 05:22am Link  |  Print  |  Notify Moderator

No way would I buy there. Jim.

JoeH

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Posted: 02/22/21 05:42am Link  |  Print  |  Notify Moderator

Time to look elsewhere, but if you are really stuck on that place, since they have allowed others to park offending vehicles, you would have an argument that they are selectively enforcing the rules.... that being the case they would have to either go after all the others, or let you slide. Either way, it'll be a pain for you and the rest of the people.


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2112

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Posted: 02/22/21 05:56am Link  |  Print  |  Notify Moderator

It depends on some factors and the state you live in. Here's a little write-up on the subject.

You have to ask yourself "is this house worth the hassle". You could petition to have this clause of the CC&R amended out. I'm sure that would backfire on you, and you would be reasonable for the legal fees involved.

With that said, your neighbor looking down on you through her upstairs window has been given the right to protect HER property value.


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