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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38912
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I am trying to help the owner of the house I am renting. We

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I am trying to help the owner of the house I am renting.
We have been told we should attend an hearing because we did not respond to a notice. In a nut shell owner just bought home which has an rv parking at side of house and previous owner had rv ( pictures of this available ) front gate had screen on rod iron gate like other homes in area to lessen the view of rv. I have been told to remove rv until arc approval . My question would new owner have to go thru this process if previous owner had rv. Not sure if they had pryer approval but can't imagine they didn't? If they did have previous approval do we need a new approval?
Second question can we have parents live in motor home as well
My question would new owner have to go thru this process if previous owner had rv. Not sure if they had prior approval but can't imagine they didn't?

A: If the previous owner had approval for the RV area as constructed, then the association cannot simply void that interest as to a new owner. The interest would have been vested as a property interest of the previous owner, and that vested interest would have transferred with the property title to the new owner. The association's attempt to rescind a previous approval would effect a theft of the property interest, and the new owner could sue to enforce the right to retain the RV space.

The only "catch" would be that the space was somehow only provisionally approved, or it was granted only until a new owner obtained title -- in which case, if the new owner was unaware of these provisions, then the owner would have an action for fraud against the old owner, for the lost value of the RV space.

If they did have previous approval do we need a new approval?

A: Answered above.

Second question can we have parents live in motor home as well

A: This would be up to the association and the local city or county ordinances. Typically, local ordinances strictly prohibit RV residency on a property zoned as a single family residence. Association covenants similarly prohibit such residency. In short, I believe that you will not succeed in obtaining permission for someone to occupy an RV on the property.

Please let me know if I can be of further assistance.
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