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

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Lantley

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Posted: 02/27/21 10:48am Link  |  Print  |  Notify Moderator

Bumpyroad wrote:

ferndaleflyer wrote:

My question is this. Since there is no evidence of anyone doing anything with this in over 50 years and there is no HOA, who is tasked with enforcing it as it appears the city (county)have no jurisdiction or desire?


I think it has been made clear that the enforcement would be if a property owner would file a law suit against somebody breaking the rules.
bumpy

I agree with bumpy someone could sue using the covenant as their reason for wanting the RV removed.
While this may not be likely, there is always a chance you have a anti RV neighbor lurking across the street.
If the anti RV neighbor decided to pursue the issue via a suit. The OP would be forced to defend himself or remove the RV.
A suit would be a PIA for the OP vs. buying a house with NO RV restrictions expired, unenforced or otherwise.


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ryoung

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Posted: 03/01/21 04:30pm Link  |  Print  |  Notify Moderator

I would think that since no HOA was established when the developer gave up his interest in the community, the covenants are no longer effective or enforceable.

There MUST be an organization in place that contains in its bylaws or articles of incorporation, the stated covenants in question. Consequently, no HOA in place, no enforceable restrictions.

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Mike134

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Posted: 03/01/21 05:16pm Link  |  Print  |  Notify Moderator

ryoung wrote:

I would think that since no HOA was established when the developer gave up his interest in the community, the covenants are no longer effective or enforceable.

There MUST be an organization in place that contains in its bylaws or articles of incorporation, the stated covenants in question. Consequently, no HOA in place, no enforceable restrictions.

ryoung


Nope. If the covenants are attached to the deed than anyone having legal "standing" like the woman across the street can hire a lawyer, file the proper documents and have a hearing in front of a judge. It all costs money however. Happened in my subdivision which has no HOA, the neighbor complaining about an outbuilding dropped the suite when the guy he sued started having his lawyer run up the $$$ for both of them.


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ferndaleflyer

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Posted: 03/01/21 05:17pm Link  |  Print  |  Notify Moderator

I imagine about the time the complainer has to plop down some money to retain a lawyer to pursue something they could very well lose and still have to pay they rethink their complaint. Is it really worth it?

Walaby

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Posted: 03/01/21 06:20pm Link  |  Print  |  Notify Moderator

ryoung wrote:

I would think that since no HOA was established when the developer gave up his interest in the community, the covenants are no longer effective or enforceable.

There MUST be an organization in place that contains in its bylaws or articles of incorporation, the stated covenants in question. Consequently, no HOA in place, no enforceable restrictions.

ryoung


There you go thinking...

Before I dropped hundreds of thousands of dollars on a house, I would talk to a lawyer like OP said he was going to do, or maybe has.

I can't imagine going up in front of a judge and saying "Judge, the guys on RV.NET said it would be okay and the covenants are not enforceable.

Something tells me that wouldn't go over very well (grin)

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Posted: 03/07/21 08:04am Link  |  Print  |  Notify Moderator

I feel your pain.

HOA's = Tyranny. After over a decade of HOA living (including being on the board for a # of years) it took us 9months, looking at 75 or so homes & putting in 1/2 dozen offers on various homes before we were able to get out of the HOA life.

The problem from what I saw was the old the homeowners (who were heavily represented on the board) got more paranoid & less tolerant the older they got. Got so bad they would have to approve anyone parking an RV (or anything else) on their own RV parkings pads that were put in the same time the homes were build over 20 years ago. And every pad is behind gates to the RV pads. This is just tip of the iceberg. The once nice area to live in became an intolerant iron-fist situation ran by a bunch of non-RVers, boaters, off-roaders, or anything else that many active people like to do in the modern world.

We got out & it was like 10 tons of weight were lifted off our shoulders. We built a pool, RV parking area, a separate driveway and all kinds of other stuff at our new non-HOA place & did so without having to deal with any Nazi fellow homeowners whom think because they're filling a voluntary position they know better than you & thus control every aspect of your property rights.

I'd rather live in a van down by the river than EVER live in an HOA again.The narrative "but mah property values" is a false narrative. Home values are determined by price per sq ft via zip code, not whether or not a home is in an HOA. Matter of fact, every single ad for any home in non-HOA areas in my metro area always have a place in the ad where "NO HOA" is listed in all-caps. That is telling in & of itself.


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Bird Freak

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Posted: 03/07/21 08:13pm Link  |  Print  |  Notify Moderator

Tell your real estate agent to research it and if its not enforceable have it removed from the deed. Otherwise NO SALE! They will get on it pretty fast.


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wa8yxm

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Posted: 03/08/21 05:13am Link  |  Print  |  Notify Moderator

I am inclined to agree with bird. RUN don't walk away unless they can pull that restriction...

Alternative if you really really really really love the property will they let you build a barn.. at least 5 feet wider. 4 foot higher and 10 feet LONGER than your RV (Store inside, door closed nobody sees it)


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bsinmich

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Posted: 03/12/21 04:19pm Link  |  Print  |  Notify Moderator

I had that problem when I moved into my condo. I could not bring it home to load it. There is no place for storage so that is not a question I got on the board and then president. We had to redo our master deed ad by-laws and it got 3 days before and after a trip for loading ad unloading. Everyone approved when we voted on it. (182 8uits). I am still president 15 years later.


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Gdetrailer

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Posted: 03/12/21 04:42pm Link  |  Print  |  Notify Moderator

Bird Freak wrote:

Tell your real estate agent to research it and if its not enforceable have it removed from the deed.


Maybe it works in GA that way, but I highly doubt it will work that way in most other states..

Here in PA, if it is "written in the deed" it must stay "in the deed".

The Deeds are a legal binding document, restrictions are often written into the deed to prevent certain uses, activities, ect that are not covered by zoning but are the wishes of the seller..

For instance, many properties I looked at many yrs ago had restrictions written into the deeds by the seller against mobile homes. My plan was to move a mobile home we owned that was in a trailer court (we paid lot rent) and the trailer was paid for.. Wanted to buy undeveloped property to eventually build a new home but move the mobile home on the property until home was designed and built.. Once home was built, then sell off the mobile home.. That would save use $350 per month in lot rent..

Ran into that restriction over and over and over, even with land that was several miles off road..

Absolutely no way a Real estate agent can remove such restrictions in PA, would take throwing a bunch of money to lawyers to even have a slight hope of removing restrictions from a Deed..

Best plan is to MOVE ON and find property that is not deed restricted or have HOA attached..

That is what we ended up doing, bought a old fixer upper home that actually had a mobile home also on the property..

Rehabbed the home and made the mobile home vanish.. Now I have property that has no deed restrictions, no HOA and no worries to me.

HOA and deed restrictions are all about attempting to artificially get and hold a higher property value..

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