Personal Watercraft

What is the name of your state? Texas
What is the name of your state? Texas
The homeowner association where we live is trying to tell us that we cannot park our SeaDoo (personal watercraft) in front of our house because it is a boat. We argued that it is a personal watercraft and not the same thing - can you clear this definition up? Please advise any information would be helpful. They want to sue us for not following the HOA rules and regulations

susieq said:

What is the name of your state? Texas
What is the name of your state? Texas
The homeowner association where we live is trying to tell us that we cannot park our SeaDoo (personal watercraft) in front of our house because it is a boat. We argued that it is a personal watercraft and not the same thing - can you clear this definition up? Please advise any information would be helpful. They want to sue us for not following the HOA rules and regulations

Click to expand...

My response:

How can we possibly "clear this definition up" when you haven't written that portion of the Rules and Regulations that the HOA is pointing to, and that you have allegedly violated?

IAAL

Condition of HOA

No truck, bus , camper, motor home, boat, recreational vehicle, trailer, derelict junk or racing motor vehicle shall be left parked in the street in front of or beside any lot except for construction and repair equipment while a residence are being built or repaired in the immediate vicinity and no truck, bus , camper, motor home, boat, or recreational vehilce or trailer shall be parked in the driveway or on any portion of the lot except behind a six foot screening fence

Re: Condition of HOA

susieq said:

No truck, bus , camper, motor home, boat, recreational vehicle, trailer, derelict junk or racing motor vehicle shall be left parked in the street in front of or beside any lot except for construction and repair equipment while a residence are being built or repaired in the immediate vicinity and no truck, bus , camper, motor home, boat, or recreational vehilce or trailer shall be parked in the driveway or on any portion of the lot except behind a six foot screening fence

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My response:

Thank you.

Now, which word or phrase are they pointing to in the "rule" - - "boat" and / or "recreational vehicle"?

Also, are there definitions of these items in your "rules" or is a definition left up to the "whim" of someone else?

IAAL

HOA

They are pointing to the boat in the clause - there is no definition in the bylaws of what constitutes a boat

Re: HOA

susieq said:

They are pointing to the boat in the clause - there is no definition in the bylaws of what constitutes a boat

Click to expand...

My response:

Under the laws of many States, where words subject to definition are used, and there are no "special definitions" given for such words or phrases, then all such words are defined by their common usage; e.g., a dictionary definition.

A boat, by dictionary definition, is a "vessel" that is bigger than a rowboat.

I would say that the HOA rules are vague and ambiguous. As such, you cannot be held accountable for a violation thereof. You cannot be held liable for someone else's "day-to-day" definition of terms; i.e., one day, "boat" means one thing, and the next it means something else, and all at the whim of whomever in the HOA is doing today's "interpretations."

If the HOA meant something by "boat", they could have easily made a "special definition" for the word, to include "watercraft" or some other definition, to include size, weight, shape, etc. But, they didn't, and the "default definition" is that which is found in a common dictionary.

IAAL

That personal watercraft is a brand of a jet ski right?
So wouldn't the jet ski be sitting on the trailer used to transport it? If so, then there is a violation of the HOA rules.

In addition to HG's good catch on the trailer.....

Texas:
"Personal watercraft (PWC) is defined as a type of motorboat which is specifically designed to be operated by a person or persons sitting, standing, or kneeling ON the vessel rather than INSIDE the vessel. Includes jet skis, wet bikes, etc. Any person being towed by a PWD is considered an occupant of the PWC."

Also:
"All equipment requirements for regular motorboats also apply to PWC. In addition to those requirements: (1) each occupant must wear a life jacket; (2) if the PWC is equipped with a cut-off or kill switch, it must be attached to the operator or operator's clothing. Inflatable life jackets are NOT approved for use on PWC."

Finally:
"All operational rules for regular motorboats also apply to PWC. In addition to those requirements, it is unlawful for any person to: (1) operate a PWC if the operator is under 16 years of age, unless the operator is accompanied by a person at least 18 years of age or the operator is at least 13 years of age and has successfully completed a boating safety course approved by TPW; (2) operate PWC at night (sunset until sunrise); (3) operate PWC within 50 feet of another PWC, motorboat, vessel, platform, person, object, or shore except at headway speed without creating a swell or wake; and (4) operate a PWC and jump the wake of another vessel recklessly or unnecessarily close."

Simply, in Texas at least, your jet ski IS a boat.....

Here we go again

Our home owners association has now banned us from using the common area pool for violation of a rule of the association, which they have not established has been broken. i.e. personal watercraft vs. boat
We were sent no notification of the banning from the pool as the directors are not brave enough to tell us to our faces.

Here is the bylaw from the booK:"Every owner shall have a right and easement of enjoyment in and tot he common area which sahll be appurtenant to and shall pass witht he title to every lot, subject to the following provisions:
b) the right of the association to suspend the voting rights and the right to use the recreational facilities by an owner for any period during which assessments against his lot remian unpaid (we are paid in full) and for a period of time not to exceed 60 days for any infraction of its published rules and regulations.

What should our next step be? Any help will be appreciated. Should we not pay our dues, since we can't use the common area any way? Should we sue the association, or try to dissolve it?

Is this one still alive????

I assume that your exclusion from the common grounds is due to your violation of the association rules regarding your parking your BOAT AND TRAILER. I further assume that this exclusion will 'go away' if you follow the rules.

So, before you even consider spending thousands of dollars on a lawsuit, or not paying your dues (and possibly losing your home due to failure to pay, etc.), why not just mitigate the problem by following the rules???

Contact the homeowners association in writing and ask them:
1) Why are you being exlcuded from use of the 'common grounds'?
2) If it is due to the 'boat issue', will your right of use be restored if you remove the boat and trailer??

If yes to both, then move your boat and trailer!!

Reply

It states in our HOA book that the board may only suspend such rights after notice and hearing, for a period not to exceed 60 days. We have received no hearing so proper procedure has not been followed.

You are quibbling over matchsticks.... while the house burns down!!!

Both of you are acting extremely childish.....

You: I won't move my jet-ski and trailer since it isn't a boat!!

Them: You can't use the 'common' property (pool) since you are in violation of the deed restrictions!

Now, which of the two is going to 'blink' first??? Do you really think the HOA is going to??? Forget it. You are only a small cog in the HOA wheel and are probably just a problem that pops up at the monthly meeting. However, their pool restriction (and maybe others like tennis, etc.) are going to affect you every day.