![]() ![]() Section 5: OPA Board Subject: Marty and the Trailer Msg# 743945
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Also, I cannot believe Boise intended to allow any association member to park box trailers of any size, shape in the driveways. I should not be getting into this discussion (because I do not have the time), but here goes. Joe, how do you know what Boise intended? Also in a later post you discussed the DRs and provided some quotes/extracts. Later DRs have modified par. 5.E to include the term "guidelines" to "written standards and policies" of the ECC of which the ECC may "disapprove." The entire subparagraph seems to be addressing construction matters, but it could be construed to be for any of the restrictions contained in par. 8 as long as those guidelines and policies are "available for review by lot owners." By the words of this paragraph, there seems to be a power granted to the ECC in the DRs to create additional rules "from time to time" as long as they are made available to owners. As some of us know, all such HOA rules must be deposited in the County Clerk of Court's office to be enforceable. Once they are, though, then I believe that the issue to be decided is that can the ECC Guidelines make "rules" in addition to those specifically listed in par. 8 of the DRs that Assn. members must follow. This is the issue that Marty seems to be challenging. It really has nothing to do with whether anyone prefers trailers such as "box trailers" over boats or boat trailers. It comes down to the authority of the ECC to have guidelines that are enforceable. As you may remember, a few years ago, the Board would not touch this issue with a 10-foot pole. One Board president (Duffy) told me that it was inappropriate to even talk about it with me as it is an ECC matter and the ECC is independent. The final approval or disapproval of a "variance" is with the ECC, but they sure are not independent. In 2006, this changed when the Board worked with the ECC to update its Guidelines and provided a revised Guidelines dated August 2006. Marty is correct in that the Guidelines do not refer to "box" trailers, but the Guidelines do exempt trailers smaller in length than 16' and less than 4' in height. I think Marty has the absolute right to challenge this if he believes the rules are illegal or unreasonable. Some say that he could have addressed this by making motions to change the guidelines, but I believe he understands that the votes simply would not be there. While I do not like all these boats parked on properties, we can't change that now. If we start allowing trailers, at what size do we set a limit? Do we agree to one trailer because a member has his electronics in it and deny another because a member has his tools in it? If we allow one to be approved, do we stop if there are six such trailers on ten lots within sight? I don't want any trailers parked on properties in my neighborhood. Where do we draw the line? It must be drawn somewhere, and our Guidelines do it. IMO, Marty will not win on this. He is tilting windmills. |
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For reference, the above message is a reply to a message where: The only reason that I butted into this discussion in the first place is that a group of people who were not here tried to interpret the original DRs into something that had NOTHING WHATSOEVER with "work trailers". The reality is only the poeple here now or judges sitting now count. Also, I cannot believe Boise intended to allow any association member to park box trailers of any size, shape in the driveways. |
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