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6/24/2010 8:32:12 PM

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Section 5: OPA Board
Subject: Marty and the Trailer Msg# 743573

From:

Jack Barnes Focus On The Pines

Joined 5/12/2004

To:

Joe Reynolds (Read) OceanPinesForum.com

Joined 8/1/1999

1. Trailers. Paragraph 8.A. (b) of the Declarations of Restrictions of Ocean
Pines states "No temporary house, trailer, tent, garage or other outbuilding
shall be placed or erected on any lot, provided, however, that the
Committee may grant permission for any such temporary structure for
storage of materials during construction. No such temporary structure as
may be approved shall be used at any time as a dwelling place, nor shall
any overnight camping be permitted on any lot.

As I said during the last debate I view the above as allowing boat trailers. I also said that construction trailers, not really existing much at the time Boise made these regulations, were debatable since they would not be included in the term "other out buildings". Boise's sole intent with the above was to prevent people from living on their lot in a temporary structure. Perhaps it needs to be decided once and for all by a court but you mentioned that it had already been done. That doesn't bode too well for Marty.

For reference, the above message is a reply to a message where:

As far as I now there has never been a DR change relative to trailers, unless a trailer is legally a vehicle..

A judge has previously sided with OPA in a case regarding a box trailer like Marty's.

I believe there has only been one DR change, back in 199o. Amone the items changed was this:

8 A (o). shall be amended as follows:

"No vehicle shall be parked on any street in the subdivision. 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."

The Guidelines on storage trailers are not based on the above, rather on the original Dr wording regarding trailers:

As far as I am concerned the DR above precludes ALL trailers, including boat trailers. How can OPA arbitrarily say the above DR allows boat trailers but not box trailers? I think Marty might well have a good case at the appleas level but doubt it will get there.

Here's a good legal question: Is a box trailer a vehicle? Is a boat trailer a vehicle? If the answer to both is YES then ECC can grant exceptions for both under any conditions.

The corker of all, however, is the line:

No vehicle shall be parked on any street in the subdivision.

This alone makes the DRs a bit of a joke in terms of OPA stating how necessary it is to enforce them.

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