HOA Selective Enforcement?

[arnieM]

What is the name of your state? Maryland

Hello,

I have lived in my neighborhood for 15 years. 18 months ago, I purchased a motorhome, and parked it in my backyard. I immediately asked my neighbors how they felt about it before submitting a "screening plan" to my HOA, as required in our Architectural Guidelines.

Only one neighbor expressed concern, and insisted that I could not park it in my backyard. I submitted a plan to modify my existing fence to a taller privacy fence on the side of the yard separating that property from mine. That plan was approved in March of 2004. The "approval" stated that the fence did not totally cover the screening requirement of the neighborhood, so I called the HOA Architectural Committee chairman, asking him to come over and go over my ideas with me.

The committee came over in April of 2004, and we discussed screening the view of the RV with tall Leyland Cypress trees. They gave implicit approval but asked me to submit a plan. I submitted a plan in May of 2004. I also planted the trees along the side of the offended neighbor's property to completely block the view from that property, while waiting for plan approval.

In March of 2005 (1 month ago), I FINALLY received a "disapproval" of my plan, stating that NO plan would be approved, due to: the size of the motorhome and the fact that its existence was "neighborhood unfriendly". The letter also misquoted the Architectural Guidelines, stating that we required "permission" to park the motorhome on our property.

The current guidelines only state: "Screening for motorhomes and boats must be approved."

There are several other motorhomes and boats in our neighborhood, covered with tarps, barns, and various other methods. One boat is parked in the driveway of a home, and covered with a brown tarp, visible from all angles, including the street.

I submitted an appeal with pictures of the other vehicles in the neighborhood, and signatures of ALL my neighbors (7) except for the one, on a letter stating that they do not find the motorhome to be "neighborhood unfriendly."

We are waiting for the results of the appeal. We have the feeling that we will once again not be approved, because the offended neighbor has been complaining at all HOA meetings. The motorhome is COMPLETELY shielded from view from that property, and the plan shows that it would be completely shield from all views.

If we our appeal is denied, do we have any case to take to an attorney, or should we just move the motorhome?

Any ideas?

Thanks VERY MUCH for your time,
Arnie Mohler