My Neighborhood Committee is Suing Me!

[Noelle]

The declaration of restrictions for my neighborhood says:

"One unoccupied recreational vehicle may be temporarily parked or stored by a family occupying the residence, but shall be parked or stored behind the front setback line in such a way not to become offensive or unsightly to the immediate neighbors in the vicinity where the same is parked or stored, but such RV shall not be permanently parked or stored on the premises."

I have a travel trailer stored within these guidelines and also conforming to the township ordinances. My immediate neighbors have not complained and do not find it offensive. It is temporarily stored, as I am on a waiting list (6th place) for a permanent camping lot. I read the rule book thoroughly before making the purchase so I would be certain to comply.

My association board members know these details, yet will sue me on July 14th for not conforming to 'temporary' storage. They sent me a letter defining temporary as a few days before and after an event. I asked them to let me know where they got that definition. Was it legal case precedent or a different source? This was 2 months ago, and they they refuse to answer.

Can they win a suit against me based on the rules (which I consider to be vague) or do I have to wait to lose (or win) a lawsuit to find out that 'a few days before or after an event' is indeed the legal definition of temporary?

I have been a contributing member of this neighborhood and have served on 2 committees. My property is always neat and attractive. I have never caused any problems or broken any rules. I can't believe they are pursuing this matter so aggressively. I would appreciate any advice....thanks

 

[Tracey]

Videotape the RV in its storage space. Take long shots from the street showing your nice, neat yard; that it's behind the setbacks; & long shots from your neighbors' viewpoints. Then get letters from your neighbors saying that they do not find the RV 'offensive or unsightly'. Don't forget the neighbors across the street!

In order to win, the HOA has to prove BOTH elements -- that it's there too long to be temporary, and that your neighbors find it offensive. If your neighbors testify for you, the HOA can't win. Time to throw a BBQ & serve filet mignon & get them to sign the petition! Send copies of the letters (better than a petition) to the HOA & inform them that you'll counterclaim for malicious prosecution and attorney fees.

I agree that "temporary" is too vaguely defined. It's quite reasonable for you to interpret temporary as 'until my camping spot comes open'. It's also reasonable to interpret it as 'a few days'. So, if the HOA wanted temporary to mean a few days, they should have said so.

Keep in mind that restrictive covenants are "strictly construed" to interfere with the homeowner's rights as little as possible.

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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.

 

[Noelle]

Tracey,

Thank you very much for the informative reply. I never would have thought to video tape the RV and yard. My neighbors did say the RV was not offensive to them, but I guess I should get that in writing. Your idea for the BBQ should do the trick!

Thanks again,
Noelle