Firefly1014
Junior Member
What is the name of your state (only U.S. law)? PA
We received a violation letter stating:
It is my responsibility as Manager of the Homeowners' Association to warn you that you are in violation of the governing documents, in that you have had a boat parked in your driveway on a regular basis. According to the Rules and Regulations, boats may be parked on the property "for a period not exceeding 24 hours for the purpose of loading/unloading or washing." Complaints received indicate that the boat remains on the property long after these specific activities are performed.
The letter went on to say, this may result in a fine and I have the right to appeal, etc.
This was my response:
I am appealing the complaint regarding our boat. The Rules and Regulations Handbook states "May be parked only in driveways for a period not exceeding 24 hours for the purpose of loading/unloading or washing". The rule doesn't define a time frame, i.e., 24 hours per week, 24 hours per month, etc. nor is the wording "regular basis" cited.
Since the Handbook doesn't define a time frame within a 24-hour period and doesn't mention "regular basis", our 24-hour period would restart whenever our boat leaves the premises. The complaintants don't have all the facts because my husband fishes every day. Ever time our boat returns, it IS being loaded/unloaded and washed and unless the complaintants have us under 24-hour surveillance, there is no merit to this allegation we are in violation by exceeding the 24 hour period for the purpose of loading/unloading or washing.
Perhaps I could better inform you if I was provided with specific dates our boat has exceeded the 24-hour period. Any implication that our boat is being stored on our property would also be unjustified because we have obtained storage elsewhere and that will be evident when boating season is over.
Sincerely,
****
In the Executive Session of the board meeting last night, we stated our case referring to our letter. We asked the board to define a "24 hour period" and we received no answer. The board members gave their opinions and they said just that. "In my opinion" "that's not acceptable in a townhouse community" and "the 24-hour rule was not intended that way". We were informed that we would be fined or they may decide to tow our boat.
The boat is a 16' aluminum fishing boat parked behind a 6' tall row of hedges that runs alongside the right of our driveway. We have a pick up truck and an SUV. The boat is barely visible from the street.
My first question, does anyone agree or disagree with their decision? My second question, does a Handbook override the Bylaws which does not mention parking boats on our property?
Thanks for your time.What is the name of your state (only U.S. law)?
We received a violation letter stating:
It is my responsibility as Manager of the Homeowners' Association to warn you that you are in violation of the governing documents, in that you have had a boat parked in your driveway on a regular basis. According to the Rules and Regulations, boats may be parked on the property "for a period not exceeding 24 hours for the purpose of loading/unloading or washing." Complaints received indicate that the boat remains on the property long after these specific activities are performed.
The letter went on to say, this may result in a fine and I have the right to appeal, etc.
This was my response:
I am appealing the complaint regarding our boat. The Rules and Regulations Handbook states "May be parked only in driveways for a period not exceeding 24 hours for the purpose of loading/unloading or washing". The rule doesn't define a time frame, i.e., 24 hours per week, 24 hours per month, etc. nor is the wording "regular basis" cited.
Since the Handbook doesn't define a time frame within a 24-hour period and doesn't mention "regular basis", our 24-hour period would restart whenever our boat leaves the premises. The complaintants don't have all the facts because my husband fishes every day. Ever time our boat returns, it IS being loaded/unloaded and washed and unless the complaintants have us under 24-hour surveillance, there is no merit to this allegation we are in violation by exceeding the 24 hour period for the purpose of loading/unloading or washing.
Perhaps I could better inform you if I was provided with specific dates our boat has exceeded the 24-hour period. Any implication that our boat is being stored on our property would also be unjustified because we have obtained storage elsewhere and that will be evident when boating season is over.
Sincerely,
****
In the Executive Session of the board meeting last night, we stated our case referring to our letter. We asked the board to define a "24 hour period" and we received no answer. The board members gave their opinions and they said just that. "In my opinion" "that's not acceptable in a townhouse community" and "the 24-hour rule was not intended that way". We were informed that we would be fined or they may decide to tow our boat.
The boat is a 16' aluminum fishing boat parked behind a 6' tall row of hedges that runs alongside the right of our driveway. We have a pick up truck and an SUV. The boat is barely visible from the street.
My first question, does anyone agree or disagree with their decision? My second question, does a Handbook override the Bylaws which does not mention parking boats on our property?
Thanks for your time.What is the name of your state (only U.S. law)?
