subdivision or campground?

[lou58chr]

What is the name of your state? Virginia
I purchased a lot and built a house in a subdivision in 1986.
The Declarations and Restrictive Covenants restrict recreational and pull behind trailers. The sales of property in the subdivision was very slow and the developer sold most of the property at auction. All property in the subdivision is bound by the original Declarations. Over the years, property owners have brought in camping trailers and stored these at there homes. Over the past two years lot owners have placed campers on lots to live or camp in. County ordinances allow this use for a period of ten days and then the camper must be moved. The lot owners with the campers realize that the county is unable to monitor their use, so the trailers are not moved. My main concern is that the practice discourages lot owners to build as well as devaluing the properties of lot owners with homes that have a view of a camper. There are now eight such lots that are being used to camp, two of which are owned by directors of the property owners association. In expressing my concerns to the directors of the POA, they have stated that camping trailers have been allowed without complaint in the past, so it would be unfair to take issue with it at this point. I would like to establish if the restriction in the Declarations has any legal merit. Would it be possible to file an injunction against the POA for allowing this use?

[HomeGuru]

Originally posted by lou58chr
What is the name of your state? Virginia
I purchased a lot and built a house in a subdivision in 1986.
The Declarations and Restrictive Covenants restrict recreational and pull behind trailers. The sales of property in the subdivision was very slow and the developer sold most of the property at auction. All property in the subdivision is bound by the original Declarations. Over the years, property owners have brought in camping trailers and stored these at there homes. Over the past two years lot owners have placed campers on lots to live or camp in. County ordinances allow this use for a period of ten days and then the camper must be moved. The lot owners with the campers realize that the county is unable to monitor their use, so the trailers are not moved. My main concern is that the practice discourages lot owners to build as well as devaluing the properties of lot owners with homes that have a view of a camper. There are now eight such lots that are being used to camp, two of which are owned by directors of the property owners association. In expressing my concerns to the directors of the POA, they have stated that camping trailers have been allowed without complaint in the past, so it would be unfair to take issue with it at this point. I would like to establish if the restriction in the Declarations has any legal merit. Would it be possible to file an injunction against the POA for allowing this use?

**A: yes and with the suit add in present and future enforcement of POA rules and regs.

[JETX]

And it would help if you gathered some evidence in advance. I would suggest getting your videocamera out and driving through the neighborhood taping the violations. Be sure to keep the time/date on the tape. Then, repeat every few days or so until you can show that the ordinance is being violated.

Take your taped 'evidence' to the authorities responsible for compliance.

[HomeGuru]

Writer, when are you able to run for Director of the POA?

[lou58chr]

Originally posted by HomeGuru
Writer, when are you able to run for Director of the POA?

HomeGuru, April 2004, but I don't think I could carry the vote. I was one of the founders of the POA about 10 years ago. The group had limited money, but I felt it prudent to get legal help in developing the bylaws. After we received the bill for legal fees I was demonized. No legal direction has been sought since with the exception of placing liens on property for non-payment of dues. Virginia code is relatively thorough regarding responsibilities of POA's and though I have suggested the code be used as a guide, without legal expense, the feeling of directors(past and present) seems to be that as volunteers they can make up the rules as they go along. There are a number of issues within the subdivision that serve as a great source of confusion. They are not addressed by the directors of the association because they disrupt the comfort zone. I felt that if I could approach this through a judgement, in the interest of clarification, perhaps the directors might recognize the responsibilities and accountability of their positions. We shall see.
I appreciate the advice.

[HomeGuru]

Good luck to you.