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6/25/2010 10:41:41 AM
 
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Section 5: OPA Board Subject: Marty and the Trailer Msg# 743667
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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. From Md law; TR [section]11- 114. A "vehicle" is "any device in, on, or by which any individual or property might be transported or towed on a highway." The above was actually applied by Maryland case law to a skateboard, which was determined by a judge to be a "vehicle." Sounds to me like both box trailers and boat trailers would qualify under the definition. 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. At the time the DRs were drafted I think the streets of OPA were still private...not yet taken into the county inventory. Under those circumstances I believe this restriction was likely enforceable. Once the roads became public OPA lost that control and the county would need to post "No Parking" restrictions. When the drafters created OPA's governing documents they probably had a clear picture in their minds of what they wanted to permit and prohibit, but their intent is vague in many cases and the true meaning lost in time. Today the documents are subject to interpretation by different sets of eyes. Changes in social norms and technology have also worked their magic. Think about it...what was considered a "trailer boat" in the 1960s is far different from many "trailer boats" of today...some easily exceeding 30 feet in length. And the idea of a "truck" as a family vehicle was far from the norm in the 60s...yet today we have behemoth SUVs and pickups parked in many driveways. |
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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: 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 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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