Homeowners association restricts RV parking

[ndahl1@verizon.net]

Have any motorhome owners in Arizona had issues with homeowners ssociations regarding parking their RV at their home? Our CC&Rs clearly state that RV parking is allowed if screened and that RV ports are allowed structures. However, our HOA board has denied us this right and forced us to store the RV or face litigation.

Frustrated in Tucson

[vickyhferrari@gmail.com]

I can't address your question about others in AZ, but if you would like to give us some additional information, perhaps we can strategize with you on a way to retain your parking rights. On what basis does the board deny the parking rights? Are they consistent in their denial? Has anyone ever challenged the board to the point of writing a letter? hiring an attorney? Also, if you will email Margaret Keen (MKeen@fmca.com), she will be happy to send you a copy of FMCA's Parking Rights Manual.

[tmoning]

The Parking Rights Manual is available to FMCA members online.

You'll find a link, and other information, on FMCA.com's Motorhome Rights section.

[ndahl1@verizon.net]

The home we purchased in the Tucson area last year is located in a small (63 homes) newer development in a very rural area of the county. All homes are on approximately one acre lots. Our motorhome is a 2003, 36 foot with full body paint that has the same earth tones as the homes in the neighborhood. It was parked along side the garage and blended so well that some neighbors did not notice it was there.

The CC&Rs state that rv parking is allowed if "appropriately screened from view". They also state that "rv ports" are approved structures. We have submitted 9 proposals for rv ports and screening and all 9 have been denied. They have since decided that the only structure allowed would be a fully enclosed rv garage. Another clause in the CC&Rs states that the board can grant reasonable variance to "prevent undue hardship". We are retired and living on a fixed income and the the almost $200 per month storage fee or a $50,000 garage are undue hardships. The board's response to our proposals and pleas have been effectively, store it or we will sue.

One last note, the standard in our county for developments that allow rvs, is screened in either the side or back yards. And the only challange that we know of has been ours and no we have not retained a lawyer due to cost. I have read the parking rights manual and do not really see any help there.

[garykd]

Hi nmdahl,

I'm so sorry to read about your problem. It sounds like the bottom line is you'll need professional advice. Consider gathering all your documents, including all communications between the board and you. Take it to an attorney with the appropriate skills to know the law in your state, county and municipality. Every attorney I read, hear about and have dealt with will provide a free consultation visit. This visit should conclude with them telling you if they can help and what the cost will be. I use these visits to ensure I pay a fixed fee for the service I need. The attorney and I sign a contract as to the service he/she will perform and the amount I will pay. If the attorney us not able to help you, at least you'll know where you stand with regard to the local powers of the board.

I have the same situation where my stick house is located. The "must be screened" wording is also in my covenants and local village documents. I determine what "screened" meant and complied with the screening. Only two of my neighbors complained (bitterly). All other neighbors didn't even know the coach was there or thought I did a super job complying with the screening requirements. My coach sits next to my house, properly screened.

One should not be bullied by overzealous people who may or may not have right on their side.