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6/24/2010 8:40:38 PM

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Section 5: OPA Board
Subject: Marty and the Trailer Msg# 743581

From:

Jack Barnes Focus On The Pines

Joined 5/12/2004

To:

Joe Reynolds (Read) OceanPinesForum.com

Joined 8/1/1999

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

That actually has been enforced near my home. I think it requires a complaint first and it is just an enforcement of the County law. In the case that I am aware there were 5 vehicles [renters] at a home where the driveway only held 2 cars in line. The renters were told that the entire vehicle had to be off the road and parked on the berm which the renters did. Of course by the end of the summer the berm was a mess but OPA filled brought in top soil and replanted grass.

I think this is one of those laws that give the police flexibility to use when needed. I would not want to go up against the ladies hosting bridge club in their home.

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:

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 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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