Question about HOA authority

[Klukie]

I live in a community with a HOA. In our bylaws, we cannot have recreational vehicles parked in the street or driveway. In the ten years that had preceded the community takeover of the HOA from the developer, some residents acquired boats and such and the developer never enforced the rule. When the community took over, the board voted to grandfather those homeowners vehicles and allow them to remain seasonally. The thought was that they did not want to force homeowners to have to change their lifestyles. (as an added note: The developers had issued two different sets of bylaws..one that allowed the vehicles and one that didn't.) Now flash forward....A homeowner in the community is attempting to sell their home but the new buyer wouldn't purchase unless he was given an exception from the no vehicle rule. The board voted unanimously to grant an exception. Now for my dilemna....If I wanted to purchase a recreational vehicle and park it in my driveway seasonally I would not be allowed according to the bylaws. Can the Board legally grant exemption for one homeowner and not another?

[MineralMan]

1. Interesting question. Without seeing the bylaws, though, and having

a competent attorney examine them, it's a difficult one to answer. As for me, I'd never own a home where there was an HOA. I've seen too many ugly situations arise where HOAs exist.

[TwilightGardener]

2. I'm guessing the board made the exception because the housing market is so sucky

and the homeowner was lucky to find a willing buyer--didn't want to ruin the deal and have a house not sell, or sell for a lower price later and bring property values down. I am going to guess that the board can do whatever it wants, legally, in terms of granting exceptions to its bylaws, but that shouldn't stop you from trying to get the bylaw changed or excepted in your favor--it does sound unfair.

[Klukie]

3. That is exactly why they granted it

and I understand the reasoning but It creates an unfair situation for the rest of us. I have reasons as to why I didn't purchase one under prior to the grandfathering A) I couldn't afford it and B) My children were too young to use it. Do my reasons have any less weight?

[TwilightGardener]

4. Maybe you should mention to the HOA (next meeting) that RV parking

might be a plus in terms of attracting buyers (it is in this case), rather than something that detracts from the community, while also pointing out the unfairness of completely uneven enforcement of the rule. I wonder, do they let you park it temporarily in the street/driveway if you're about to use it? I lived in military housing where you couldn't park a camper permanently in the street or driveway, but you could have it there for a couple days to get it ready or to unpack it. We once left ours parked longer than a couple days, and we received notice from the housing office to move it. The rest of the time it was kept in an RV storage lot (25 bucks a month--not very expensive). If you really want an RV, and the bylaw is still enforced, you should consider that.

[Uben]

5. The HOA opened themselves up to litigation

I've lived in an HOA for 15 yrs (actually, a pretty good one). Once they start granting exceptions, they open themselves up to litigation, so they should not have done it, if it truly was for the reasons you stated. I have railed against giving any exceptions to any of our bylaws, for any reason, for that exact reason. HOA board members usually aren't to smart when it comes to the laws governing them, and some think they have the autonomy to do what they like, but they can't.

I can't give you any advice because I haven't seen your bylaws or covenants, and I am not familiar with the history of your association.

Fortunately, where I live, its not a "cookie cutter" community where you have a choice of six or seven house plans and zero lot-lines. Our association is 40 yrs old, and we have worked it out pretty damned good, comparitively. We have 40 yr old lake houses right next to million dollar homes, and that's why I like it! A PGA rated golf course, a 640 acre lake, tennis courts, a disc golf course, a lodge with a lounge that sells alcohol, our own water supply, and numerous other amenities for less than $200/mo!

Golfers play free for their monthly dues, and you won't find that hardly anywhere these days.

edit:We have the same restriction here, no RVs parked on street. We also do not allow signs of any kind, except political signs which are governed by state laws.

[Klukie]

6. It is how I stated...

I know because I was originally part of the board and helped to straighten out the bylaw mess in the beginning. I have since resigned from the Board because it became political and I felt I could do more good as a community member who held them to account. We made the mistake of allowing the grandfathering of some vehicles. Grandfathering is basically an exception but a more justified one. I see now that it should have been all or nothing because it is going to be a mess for all involved. I am probably going to try to pass an amendment to the bylaws to overturn the whole no recreational vehicles rule entirely. I don't see any other way to make it fair for the whole community since the board has allowed an exception. One other part of it is that if a community member is in violation (Which a few are) the board will not take any action without a "Formal Complaint" from another community member. The board refuses to take any autonomous actions in the name of a "community led" HOA. So If I get a vehicle and my neighbor complains against me, I could be penalized but the guy down the street that may have violated as well could skate if no one complains against him. Jacked up huh? Another reason I resigned.