![]() ![]() Section 5: OPA Board Subject: Marty and the Trailer Msg# 743993
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Marty's trailer is now gone. Here's something you and other board members have not discussed, to my knowledge. Apparently there are cases where courts have ruled against HOAs on the premise that certain restrictions were enforced on a "class" basis. This trailer business might be viewed by a court in that manner -- and I don't mean some local court but an appeals court. Someone with a large $50,000 boat on a 2-ton trailer covered with a blue tarp is not targeted but a much smaller box trailer used by a working person is targeted. The court might well say the HOA needs to allow both or allow none. Frankly, I'd prefer to see no trailers of any kind. does that mean an owner can park a camping trailer on a vacant lot and used it as a weekend camper? That would be a real stretch.... or should I call it what it is... a strawman. At some point I expect to see initiatives in individual sections for changing the DRs for the section, and there is not much OPA can do about it. From my perspective there is a great deal more apathy among association members than I've seen in 20 years. Could be the calm before the storm, but more likely just the apathy that develops when people feel they have no control. PS -- good to see you posting. |
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For reference, the above message is a reply to a message where: Bob I have no idea how a court would rule, however, for the sake of discussion lets assume the courts agree with Marty. Do you really think the issue will be put to sleep. A possible decision could be OK allow trailers to be parked on an owner's lot. does that mean an owner can park a camping trailer on a vacant lot and used it as a weekend camper? I beleive we must be careful what we ask for as we might not like the answer. Or as my Mother use to say to me "give you an inch and you take a yard". John |
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