HOA is Going Back on Verbal Agreement

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“We are living in a community of approximately 400 single family homes built in the 1970’s (there are 9 filings in the neighborhood). HOA membership is voluntary ($35 per year). The Board of Directors are voluntary positions. We were given verbal assurance by the then Board President, prior to purchase in 2005, that there would be “no problem” storing an RV behind the 6′ privacy fence. This was in response to our questioning of the CCR that states “no mobile units may be stored on the property”.  Apparently, since 1993, a verbal policy has been in effect, but was never voted upon and the CCR’s were not amended. Then in 2007, a policy statement was issued that the previous policy was in conflict with the CCR’s. The new statement says that there will be a 5 year “grandfathering” period to give time for the RV owners to either move their units to a storage facility or amend the CCR’s.  Of course no one knows how to amend the CCR’s and the Board of Directors would not tell me how to go about this.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

The deadline is 1/31/13 and I am trying to organize the RV owners and figure out what to do. Ask the Board to create a true “grandfathering” of current owners until they sell their homes? Or try to amend the CCR’s in less than 7 months (needing each of the 9 filings to vote to amend).

Any advice would welcome.”

Verbal promises are, traditionally, not worth the paper they’re written on.

Getting such a large group of people to do anything, even vote, can be a challenge.  I’d suggest you look into where else you could store your RV in case the deadline passes before you can get that done.



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Author: House Attorney

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