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My across the street neighbors have a motor home that

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My across the street...

My across the street neighbors have a motor home that obstructs my view of the lake. They park the motor home in my next door neighbors carport. I have just come from asking them if they would move it back to THEIR property; where it has been for the last few days: they refused. I live in a HOA and have just sent them a request to investigate the matter, but curious if I have a legal stand. Thanks, Carrie

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: What steps have you taken so far?

I just came back from asking them if they would move the motor home back to their property because it obstructs my view, they refused. So, I sent an e-mail to the Tracy's Point HOA to this matter.

Submitted: 6 months ago.Category: Real Estate Law
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11/7/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,481
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

That is an excellent question. The answer is that this depends on what the HOA governing state.

The governing documents are a contract between the owners and the HOA.

Have reviewed the governing documents to see if there are any prohibitions with regard to parking motor homes. There also may language with regard to obstructing the view. Do you have a copy of your HOA governing documents?

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Customer reply replied 6 months ago
The document states that a home owner IS allowed to have a motor home on THEIR property, and can not use it as a dwelling for more than 6 months. My argument is that they have they space to park it on THEIR property, however, use my next door neighbors carport instead. This blocks my view of the lake.
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Is there any prohibition against using the neighbors carport? If there is no language related to obstructing your view you may want to ask the HOA to amend the bylaws to address this issue.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

"Generally, homeowners have no right to a view (or light or air), unless it has been granted in writing by a local ordinance or subdivision rule. The exception to this general rule is that someone may not deliberately and maliciously block another's view with a structure that has no reasonable use to the owner." https://www.nolo.com/legal-encyclopedia/homeowners-right-views-29942.html

What is your view that is being obstructed? Their are rights to water views in Florida.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

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