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I have a 43 ft motorhome that a board approved 14 years ago…

Customer Question
I have a 43...

I have a 43 ft motorhome that a board approved 14 years ago that I could park in my driveway, and I had to put a new driveway in to meet the requirement to meet the doc's at a cost to me of $25,000.00 now we have a new board and the want to remove all rv,boats,trailers and pick-up trucks that people have in there driveways, doing this would cost me $200.00 a month. Can the hoa do this since it was approved by the previous board and I have had no complaints from 3 previous boards and management companies. Mike Rhodes

Lawyer's Assistant: What state is this in? And how old is the boat?

It's an Motorhome and not a boat an the state is florida

Lawyer's Assistant: Has anything been filed or reported?

No.

Submitted: 1 year ago.Category: Real Estate Law
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Answered in 3 hours by:
3/21/2017
Real Estate Lawyer: Dwayne B., Attorney replied 1 year ago
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Real Estate Lawyer: Dwayne B., Attorney replied 1 year ago

Did you get the board's approval in writing?

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Customer reply replied 1 year ago
an ARB for the driveway was also approved.
Customer reply replied 1 year ago
Would the Florida Grandfather rule apply here since it has been 14 years.
Customer reply replied 1 year ago
Are you still there, I haven't heard anything back from you?
Real Estate Lawyer: Dwayne B., Attorney replied 1 year ago

That's really not what "grandfathering" means. However, you have a number of ways to win this, all equitable issues. The three are estoppel, waiver, and laches. Those each mean different things. but they all boil down to they can't 1) give you permission, 2) let you incur expenses, and 3) ignore the issues for so many years and then complain about it.

What you probably want to do is have a local lawyer write the board a letter and explain why they can't take this position now or do anything to make you move the RV. If they continue with any type of action after that then you should be able to sue and win plus be able to recover your attorney's fees since they were warned.

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Real Estate Lawyer: Dwayne B., Attorney replied 1 year ago

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Real Estate Lawyer: Dwayne B., Attorney replied 1 year ago

I think that if they take the letter from the lawyer to the HOAs lawyer this will all go away.

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