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6/28/2010 2:01:00 PM
 
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Section 5: OPA Board Subject: Marty and the Trailer Msg# 743947
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Joe, how do you know what Boise intended? Obviously I don't. I was offering my opinion that I do not believe Boise intended for association members to be able to park large storage trailers in their driveways. What do you think? 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." Are you talking about DRs for sections after the initial 11 or so Bose set up. I don't believe the word "Guidelines" is even mentioned in the DRs for the first 11 sections -- and those 11 sections make up a major share of association members. ECC cannot create any guidelines/rules/whatever that do not have an authority based in the DRs. The Guideline/rule about tags on boat trailers was a perfect example of ECC exceeding its authority by setting rule/guideline not based on authority granted in the DRs. The Guidelines are only guidelines as to what may or may not be done based on the wording of the DRs. The purpose of the Guidelines is to clarify ECC's thoughts on the DRs. Of couse the board sets the Guidelines, another interesting aspect of all this. Bureaucracy at its finest. While there are Guidelines (rules) about trailers, the Guideline that applies to Marty's trailer needs no rule or Guideline beyond the DRs... assuming the storage trailer has a load capacity of 1 ton or greater. Marty's lot is covered by the following DR: No vehicle, with a load capacity of one (1) ton or greater, including but not limited to commercial trucks, trailer trucks, and buses shall be parked or stored overnight or longer on any lot in the Section or Subdivision in such a manner as to be visible to the occupants of other lots in the Section or Subdivision or the users of any street, waterway or golf course within the Section or Subdivision, unless the prior written approval of the Committee has been obtained." If the trailer has a load capacity under 1 ton then Marty may have an excellent case, depending of course on how a court might judge the DR section that some say prohibits all trailers. ((b) No temporary house, trailer, tent, garage, or other outbuilding shall be placed or erected on any lot) If Marty were to lose on this basis, then a judge would probably have to find that boat trailers may be denied as well. While I do not like all these boats parked on properties, we can't change that now. Can't or won't. In my view there should be no trailers of any kind allowed and I would vote for a DR change to that effect. However, I suspect too many boat owners would not vote in favor to protect their own convenience as opposed to the overall appearance and property values of the community. I have no doubt many would disagree with me. |
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For reference, the above message is a reply to a message where: 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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