outdoorsman
Junior Member
What is the name of your state (only U.S. law)? California Can an HOA change, amend or adopt guidelines defining a prohibited vehicle, for the purpose of enforcing a single case, even after a vehicle has been approved for admission and parked in the community for 3 years? I am a homeowner and lived in my community for 7 years, am in good standings, with no liens, outstanding payments or fees. I own a full size Ford E350 van. I purchased it 3 years ago from TX. It was a commercial plumbing van bought by the employee and made into a van conversion. It has a pop up top for standup room, a small fridge and sink. In good faith, I reviewed the prohibited vehicle section of the CC&Rs prior to buying the van and interpreted "recreational vehicle" to mean: a large, bulky over-sized, self-contained mobile in-habitation -not a van. It is registered as an automobile and has seven seat belts. I use it to transport myself and family of six. I also use it to frequent the beach, drive in movies, picnics and ball games. I have been parking it on our public streets for 3 years with no parking citations, even to date. They have sent letters rescinding the decal and prohibiting what they are stating is a "recreational vehicle which is a commercial vehicle". I own a 28' RV, that in the past has been cited for exceeding the four hour time limit for loading and unloading, but have never exceed more than eight hours. I have a Jeep that was cited on a regular basis for storage, even though I drove it out of the community at least every 72 hours per CC&R's. In the interest of compliance, I have voluntarily moved it to an off site storage facility. They also came after my commercial Company truck that had been parked in my driveway for 5 years with no citations as well. I requested a parking variance to allow me to remain parking it in my driveway. I represented that it would not fit in my garage, that it was required by my company to be kept on my property and that I use it for on call emergency work. They requested proof from my work, which I did provide. I was still denied. I removed built in cabinetry and now park it in my garage. I informed the BOD that with the truck parked in the garage, the emergency exit and garage door release handle are no longer accessible and urged them to reconsider due to the safety issue. It may not help that a BOD member lives 5 houses down from me. The CC&R's state: "...no commercial vehicle, no recreational vehicle...or similar equipment..." and that "...The Community Board may adopt guidelines defining what vehicles constitute recreational vehicles and rules for the regulation of the admission and parking of vehicle..." There is no vehicle review process, only an application process. For my van -Can I beat this on ambiguity and lack of definition, "practical means of language" regarding recreational vehicle or am I be grandfathered in because they approved my vehicle application and for 3 years the vehicle has not been cited? Injunction for harassment? Any thoughts? Thanks
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