![]() ![]() Section 5: OPA Board Subject: Marty and the Trailer Msg# 743258
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Bill: "My guess is that Marty will not follow through on his statement to place a trailer on his property" After almost three years I would have thought you would know me better then that. The trailer is parked in my driveway as we speak. Now let's see if the ECC does anything about it? I wonder if they would take the risk of trespassing on my property? Marty |
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For reference, the above message is a reply to a message where: I would rather have a nice looking trailer such as the one shown in the Daily Times located next to my house than some of the houseboats that I see parked around the community. Then you and I are in complete agreement. But I would have the boats gone and the nice-looking trailers, too. Problem is, such boats and boat trailers have been allowed for years. There is no way we can change that. The only way for the Board to change the rules on "nice-looking trailers" is to fire the ARC/ECC and appoint members who will do as the Board wants (but what does the Board want on this?) and would the Board take such action? I think not. The DR's grant the ARC/ECC final decision authority for variances. The only way for a member to change the rules is to take this to court and have some judge rule that the "rule" is illegal. Then, the matter would most likely be sent by the party that loses to an appeal level. This is what one Board member said he will do. We'll see. IMO, the judge will rule in against the member. My guess is that Marty will not follow through on his statement to place a trailer on his property. Unfortunately, the attorney who drafted the DR's and those who failed to review them carefully before signing them, failed to define clearly the wording related to trailers. As I read the DR's, the trailer provision is located only in a paragraph related to trailers in a paragraph addressing temporary placement during construction with the intent to keep members from camping out on their unimproved lots. But, this is for a judge to decide - if it comes to that. Forgetting the letter of the law, I think it's in the best interest of all of the membership to restrict the placement of trailers on all lots. This could get out of hand. I do not want a trailer parked next to my property - or a boat either.
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