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Thread: Mobile home covenant enforceable?

  1. #1
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    Mobile home covenant enforceable?

    Covenant says, "Mobile homes or mobile or temporary living quarters of any kind are prohibited. This covenant shall not be construed to exclude the occasional use of tents for recreational or sleeping purposes as a guest or family supplement."

    Are owners allowed to park RV's by their house - not living in them? If not, would this be enforceable? Thanks.

  2. #2
    Cyburbian RandomPlanner's avatar
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    I would say no, RVs are not permitted, but this is something that must be determined and enforced by the HOA -- not at all a zoning issue.
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  3. #3
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    The Homeowners Assoc said there is no issue. So there is no way to go around the HOA to enforce this through the law? Thanks

  4. #4
    Quote Originally posted by RandomPlanner... View post
    I would say no, RVs are not permitted, but this is something that must be determined and enforced by the HOA -- not at all a zoning issue.
    However, the local zoning ordinance may have a provision regarding this. The local p&z dept would only enforce the ordinance, not any covenant.
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  5. #5
    Cyburbian
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    As Random Planner mentioned this technically is not a zoning issue, but an HOA issue as stated. That said if Zoning in the City prohibits them the City Ordinance is the higher power. The HOA can be more restrictive, but not less restrictive.

    I would argue that a 5th wheel is a temporary living quarter, but one could make the aguement an RV is a vehicle and not a "temporary living quarter". Thats a tough one. You still have options, you can push the issue with the HOA by filing a claim. Not my suggestion but if its a clear case usually the HOA will back down when they realize how much money it will cost to fight the issue. That said you (being and HOA member) and others will end up paying for all the attorney fees! I'd go to the City level and see if they are permitted. Usually, stricter HOA covenants have an area related to storage of items, have you read through the covenants pretty well???

  6. #6
    Cyburbian Plan 9's avatar
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    yup, I agree with the "its a hoa issue, not the city's" replies.
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