Need help
My property is one of few with rv gate. I have had a motorhome for approx 5 yrs. Within last yr or 2 we got a new management company. Now they have a problem with my motorhome. No complaints from neighbors, I attended meeting and had petition signed by neighbors stating they didn’t have a problem with my motorhome. Hoa president who apparently runs everything stated i need to move motorhome. I wanted rule amended and or voted on to allow us with rv gates to have functional rv/motorhomes but no luck. I belong to Country Place in Tolleson and we need to get rid of entire board
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Edwin,
I believe that you previously asked me this same question via e-mail. But that is fine I’ll answer it here for everyone to see. If your CCAR’s have a restriction on motor homes, then you have no choice but to comply with that restriction whether or not you have an RV gate. If your community has a restriction on visible motor homes in the Architectural guidelines and they have been in place since you bought your home, you also have no recourse. Those were the rules that you agreed too when you bought your home. You can either cover your motor home with an enclosure or relocate it elsewhere. the fact that the association did not enforce the rules for many years is totally irrelevant to this or any situation and you should be grateful that you did not have to pay storage fees in those years.
You do have an argument if the association recently changed the rules to prevent visible motorhomes. Especially if you are not the only person with RV gates and Motorhomes, they should have allowed concessions for existing homeowners. You also have a strong argument if there is no such published rule preventing the storage of motorhomes on your property, and all of this is just because the suddenly don’t want to see motorhomes. This is called “Arbitrary and Capricious” and is totally invalid.
So, check your documents. It is the board job to enforce the CC&Rs and community documents, but they do have discretional authority to act reasonably in enforcing those documents.
Dennis