Homeowner Association Threats

[Cindy G.]

We have had a problem with our homeowners assocation. We have a small utility trailer sitting by the side of our house, painted the same color as our home. Our lawn is kept very well; one of the best in the neighborhood - much better than several others. Our covenants say "No house or travel trailer, camper, boat trailer, boat, tent, barn or toher similar outbuilding of structure shall be placed on any Lot at an time, either temporarily or permanently, except in a closed structure or garage. This provision shall not apply to any temporary construction trailer owned by a builder placed upon the Lot for the purpose of a temporary facitlity during the course of construction." We contend that our small utility trailer does not fit into this description. Any suggestions? We have been threatened with legal proceedings by the association lawyer. We also contend that this is a case of harrassment as they are many homeowners in our subdivision who violate the current covenants such as unkept lawns, satellite dishes, etc. These homeowners have not been cited, however. The person making the initial complaint is on the board and we have had many problems with him in the past. We have asked for copies of minutes (they have not complied), financial reports (they have not complied), etc. because we believe the association is in violation of the covenants as well. Suggestions would be appreciated.

 

[Tracey]

One of the main rules of construing contract language is that a long list of things is interpreted to mean "these things & anything reasonably close to them". A court might declare that that HOA was clearly trying to ban people from turning their yards into parking/storage lots & that a utility trailer should be considered the same as a boat trailer or camper. On the other hand, another rule of construction is that restrictive covenants on land are strictly construed & if it isn't listed, it isn't banned. Talk to a real estate lawyer about which interpretation wins in your state.

The HOA doesn't have to fully enforce all covenants against every resident to be able to enforce this covenant against you. It's like the cop who can let 4 speeding cars go by & pull YOU over.

As a member of the HOA, you have a right to see the rules. Whether you have a right to see the minutes & financials depends on state law. Again, ask the real estate lawyer.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.