![]() ![]() Section 5: OPA Board Subject: Marty and the Trailer Msg# 743949
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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." In many states such as Florida, a commercial vehicle is defined as a vehicle that has the capacity to carry more than 1 ton of weight, it does not mean it has to be a truck, tandem axle trailers can be and are classified as commercial vehicles, because they are rated to carry 2,000 lbs or more. 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. It does not appear that OPA has any desire to eliminate boat trailers but if they do go to court over Martys utility trailer I would hope that one of the goals would be to have this wording on trailers in the current DRs clarified. At the very least it would save billions of posts on the forum. |
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For reference, the above message is a reply to a message where: 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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