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HOA vs. boat in the yard

Old 02-20-2012, 08:48 AM
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Question HOA vs. boat in the yard

I have my boat along side my house, behind a fence.

My the property manager notified me by mail that I have to get it off the property based on a drive thru inspection of the neighborhood (not from a homeowner complaint).

The copy of the bylaws I have do not make reference to keeping a boat on the property.

The only somewhat related provision is the exemption of rec vehicles, pickups and vans from the 'no commercial vehicles allowed' clause.

The notice I received indirectly cites 'rules and regulations' of the community. Other than the bylaws, I know of no other 'rules and regulations', nor do the eight neighbors in my cul-de-sac.

Question is, if there is some sort of additional rules, like a "handbook" or such, would it be the responsibility of the HOA or property management to distribute it to ensure everyone is aware of it's existence? Or can they just say that it is on file, and would be my responsibility to know that it is there and to keep current on what it contains?

I am in compliance with the Palm Beach County ordinances concerning the keeping of a boat on residential property; and I live in an unincorporated area, so no city municipality codes come into play. This is strictly an issue with the property management company.
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Old 02-20-2012, 08:56 AM
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Yes , they should give you all covenants and restrictions of your particular development as well as a copy of the by-laws. If you don`t get the info how are you to know if you are compliant in your area? You can`t be in the wrong if you don`t have the necessary info.
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Old 02-20-2012, 08:58 AM
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The bylaws should be the rules you need to follow. I'd write back and ask which by law your breaking.
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Old 02-20-2012, 09:06 AM
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You have the right to see the actual by law in writing and to get a copy of all your by laws
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Old 02-20-2012, 09:17 AM
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Originally Posted by fishingfun View Post
The bylaws should be the rules you need to follow. I'd write back and ask which by law your breaking.
Agree, have him provide you with his interpretation in writing of the HOA covenant you are braking. Some of these HOA say anything they want, and just make up what they want, if in fact you are braking a rule, they will have a leg to stand on, if not they wont.
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Old 02-20-2012, 09:20 AM
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HOA in Florida = Nazis.


They were going to give my cousin a ticket for her grass being 3/4 of an inch to high.
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Old 02-20-2012, 09:27 AM
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THIS is a great example of why I searched for a neighborhood with no such homeowners association. My personality wouldn't allow this.
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Old 02-20-2012, 09:29 AM
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Originally Posted by notdeankane View Post

The only somewhat related provision is the exemption of rec vehicles, pickups and vans from the 'no commercial vehicles allowed' clause.
.
Boat = rec vehicle. You have no argument unless you can get your board to approve of it being there. You'll loose without that.
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Old 02-20-2012, 09:29 AM
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I would use the letter as scrap paper and go on with life.

If they push the issue tell them you want a copy of the rules as you don't see it.

If they push further tell them you want a proposal to all HOA members to amend.

If they refuse then go door to door, in person with proposal. Some hermit no doubt complained and that is why you rec'd letter. Mgt co. isn't doing work for the heck of it.

Lord knows i'd rather look at a boat than somebodys rotting plywood and vinyl shitmobile 'rv'.
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Old 02-20-2012, 09:43 AM
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Contact a realtor that has a house listed and pose as a buyer. Ask them for a copy of the current HOA rules, as you do not want to buy a house in a "bad HOA".

Or ask the local gooberment if HOA rules and covenants are required to be recorded with them at the court house or city hall, etc.

Some how you need a current and up-to-date copy of them without going thru the Property Manager for them.

It is not unheard of for some HOA nazi to edit the rules to suit the situation.
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Old 02-20-2012, 09:43 AM
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Originally Posted by dickiedoo View Post
Boat = rec vehicle. You have no argument unless you can get your board to approve of it being there. You'll loose without that.

In my opinion a boat is not a recreational vehicle? A boat is a boat or vessel. A Recreational vehicle = R.V. i.e. Winnebago

THE HOA By Law should be more specific.
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Old 02-20-2012, 09:50 AM
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Originally Posted by Shin-Dig View Post


In my opinion a boat is not a recreational vehicle? A boat is a boat or vessel. A Recreational vehicle = R.V. i.e. Winnebago


THE HOA By Law should be more specific.


I certainly use my boat for recreational purposes and do not see why you would exempt one but not the other.
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Old 02-20-2012, 09:56 AM
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Originally Posted by dickiedoo View Post
Boat = rec vehicle. You have no argument unless you can get your board to approve of it being there. You'll loose without that.
I don't think you read that correctly.
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Old 02-20-2012, 10:06 AM
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The By-laws, CC&R's, and the Rules and Regulations must be read together. You need a copy of the rules. Although you should have been furnished with a copy, you won't get anywhere complaining that you don't have one. Get a copy of the rules and report back for opinions on the interpretation of the rule which they claim you are violating.
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Old 02-20-2012, 10:09 AM
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Originally Posted by bsmit24 View Post
I certainly use my boat for recreational purposes and do not see why you would exempt one but not the other.
So a convertible or truck which is used for recreation should not be allowed? The term recreation is too broad and is subjective. How many people have you ever heard refer to a boat as a recreational vehicle?
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Old 02-20-2012, 10:11 AM
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Originally Posted by Shin-Dig View Post
So a convertible or truck which is used for recreation should not be allowed? The term recreation is too broad and is subjective. How many people have you ever heard refer to a boat as a recreational vehicle?
Why should it not be considered an RV ?
Especially if it has a place to pee and a place to sleep?
At that point the only difference is where it is used.
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Old 02-20-2012, 10:12 AM
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Originally Posted by Crabpot Man View Post
I don't think you read that correctly.
Correct, Crabpot....The way it reads, rec v's are explicitly allowed...i.e. an exemption from prohibited vehicles.


Lots of good thoughts here...thanks!

I am pretty much in the same mindset as Jacksdad.

The only thing that could get messy is if they decided to not substantiate the notice and simply turn it over to their atty. They also state they will forcibly remove the boat at my expense after 15 days.

The ambiguously worded notice was accompanied by a form for me to fill out and return acknowledging the notice, and stating if this had been corrected, or if I request more time.

I crossed the entire form out, and annotated it with "PENDING SUBSTANTIATION" across the top; This was attached to a letter requesting specific reference and citation of the bylaw of which they claim I am in violation. For me the 15 day window has not started counting down. I do not know if they can or will start counting from the day of the notice.


Otherwise, this is a pretty laid back neighborhood...the HOA is pretty low key. I am not prepared to get abrasive yet, but am getting my ducks in a row in case it gets escalated.
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Old 02-20-2012, 10:14 AM
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Originally Posted by jacksdad View Post
I would use the letter as scrap paper and go on with life.

If they push the issue tell them you want a copy of the rules as you don't see it.

If they push further tell them you want a proposal to all HOA members to amend.

If they refuse then go door to door, in person with proposal. Some hermit no doubt complained and that is why you rec'd letter. Mgt co. isn't doing work for the heck of it.

Lord knows i'd rather look at a boat than somebodys rotting plywood and vinyl shitmobile 'rv'.
x2. Ignore it.

If they follow up you should respond in writing stating that our boats is on your property in full compliance with all neighborhood rules, regulations, laws, and bylaws. Do NOT ask for a copy of any bylaws or rules.

If they contacted you again after that and do not include or quote the rule or bylaw you supposedly violate, you know they are full of B.S. They only way the can respond to your stating you are in compliance with rules/bylaws is to quote the rule/bylaw that says you aren't.

Don't waste your time on this ... let them do all of the research for you.
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Old 02-20-2012, 10:16 AM
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You really need to know what a rec. vehicle is. In my 42 year life (all over the USA) an RV is some sort of camper.

A quick search (from 2006) Florida classifies a rec. vehicle as... "A recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle"

http://www.flhsmv.gov/dmv/bulletins/...A_BFO06-04.htm
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Old 02-20-2012, 10:16 AM
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Originally Posted by Pez Vela View Post
The By-laws, CC&R's, and the Rules and Regulations must be read together. You need a copy of the rules. Although you should have been furnished with a copy, you won't get anywhere complaining that you don't have one. Get a copy of the rules and report back for opinions on the interpretation of the rule which they claim you are violating.
I understand ignorance is not an excuse, but neither myself nor eight other neighbors know of any thing other than the bylaws.

Aren't covenants and regulations, if they exist, required to be sent to the owners periodically? I have owned my home for seven years now, and only ever received just a copy of the bylaws when I purchased.
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