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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34780
Experience:  16 years real estate, Realtor. Landlord 26 years
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We have a single axle utility trailer in our backyard after

Customer Question

We have a single axle utility trailer in our backyard after verifying with HOA it was ok and looking through the rules. Now we got a 14 day removal letter. No where in the rules does it say we can't have a trailer in the backyard. What can we do?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What rule are they saying you are violating by having the trailer there?

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Can they point out a specific neighborhood rule or Covenant, Condition or Restriction that you are violating?

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thanks

Barrister

Customer: replied 4 months ago.
Violation type: parking/vehicular restrictions- recrelational vehicle in view.
Expert:  Barrister replied 4 months ago.

I think you have a strong argument that a trailer is definitely not an RV. So if it were me, I would dispute the violation in writing sent to the Association both first class and certified mail specifying the definitions of both:

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utility-trailer. Noun. (plural utility trailers) A small non-motorized vehicle which is generally pulled by a motorized vehicle and features an open-top rear cargo area (bed) and is used for the hauling of light loads.

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recreational vehicle Noun. a van or utility vehicle used for recreational purposes, as camping, and often equipped with living facilities. Abbreviation: RV.

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Then the ball is in their court as to whether to take it further or not. If they tried to take legal action, I would opine that they would lose as the RV definition definitely doesn't extend to a trailer.

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thanks

Barrister

Customer: replied 4 months ago.
The listed j.4 as a violation which says : parking in sides or rear yardseat or anywhere on the lot other than the cement driveway or garage is not permitted. But let me remind you these rules were changed in April of 2016 and we have live here over 6 years before rules changing.
Expert:  Barrister replied 4 months ago.

Ok, so there is a second noted violation... that makes a big difference because that one could cover the trailer if they consider storing a trailer "parking", which again I would dispute. Parking to me implies parking a vehicle that is normally driven in a certain area, not leaving a trailer sitting in a spot.

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But the fact that the rules were recently changed wouldn't mean that you didn't have to comply with them. When someone buys into a HOA, they agree to abide by whatever rules are properly passed and put in place by the Board. So the bot***** *****ne is that I see you having three options..... 1. You can explain your position to the Board and ask for a waiver... 2. You can wait to see if they take further action and then fight them in court if they try to impose fines and then file suit to collect on them.. . or 3. you can move the trailer elsewhere so it isn't an alleged violation.

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thanks

Barrister

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