March 24, 2015 email to Angela Shinn, Superior Community
Management reference “courtesy” notices regarding recreational vehicles and the
14-calendar day rule
Afternoon Angela,
I’m writing because I’ve had
several homeowners ask me about the reading of the CC&Rs regarding
recreational vehicles (RVs, boats, trailers, etc.) and the 14-calendar days
rule.
Since the CC&R is vaguely written,
on its face stating no recreational vehicle (etc.) shall be parked on anyone’s
lot (or in Oak Knoll) for no more than 14 calendar days in any calendar year,
the questions I’m repeatedly asked (based on their “courtesy” notices being received
from the HOA), is exactly how is the HOA determining how long a recreational
vehicle is parked/stored on a lot before sending the “courtesy” notice?
Some homeowners are keeping track
by the hour ho long said vehicle is on their lot before moving it, which is
pretty ridiculous honestly. Homeowners shouldn’t have to feel like they need to
look over their shoulder in keeping track like this.
The main concern is the resolution
to charge for the second and subsequent “notices.”
If the HOA is not properly
documenting the exact duration a recreational vehicle is actually physically
present in its entirety to factually account for a full day (24 hours) towards
the 14 full days in a calendar year; then I don’t believe any notice should be
sent unless said calculations are documented and provided in such a notice.
Especially if a second notice is sent (and should be sent if the full 14
calendar days have been exceeded and can be proven), and you’re tacking on that
$35 fee, because that will become a legal issue. Not to mention if the HOA gets
collections involved to pay past due amounts on that fee or additional fees of subsequent
notices, which brings in the Fair Debt Collection Practices Act.
Your and the Board’s clarification in the above would be greatly appreciated; which will be promptly disseminated to those asking me about this once received.
Respectfully,
March 25, 2015 email reply from Angela Shinn
The simple answer is that as soon
as the trailer, vehicle, etc. is noticed, a courtesy notice is sent so that we
know that the owner knows of the 14 days per year limitation.
The second notice is only sent when
it has been confirmed that the 14 days has been exceeded. In most cases the
letter is sent well beyond the 14 days.
One of the Board members actually
tracks these violations. They are tracked days (not hours). If the vehicle is
seen on January 1st (day 1), again see on January 2nd
(day 2), and leaves without being seen on January 3rd – it is noted
that it was there for 2 days.
I’m sure the intent of the 14 days
was for loading, unloading, cleaning, etc. of the vehicle rather than parking
for weeks at a time.
Please let me know if you have
additional questions.
Thank you,
Angela D. Shinn, CMCA, AMS
Superior Community Management
March 25, 2015 email reply back to Angela Shinn
Angela,
Thank you for your reply, and I
will share it with the homeowners whom have approached me in this matter.
However, this part is problematic:
“They are tracked by days (not
hours). If the vehicle is seen on January 1st (day 1), again seen on
January 2nd (day 2), and leaves without being seen on January 3rd
– it is noted that it was there for 2 days.”
If the vehicle is seen on January 1st,
how does that Board member know it was there the full 24 hours of that day? Are
they assuming that just because it was seen on January 2nd?
Many of the homeowners reaching out
to me are saying exactly as what you interpreted the intent of the 14 day rule
to be; unload, clean, etc.
If on January 1st the
vehicle is there for 14 minutes or 14 hours then movied, that is NOT a “calendar
day.”
While the CC&R is vague on
single or consecutive occurrences, the fact that it states no more than 14 days
in a calendar year gives clear meaning to the use of the phrase “calendar days”
– which as you and I know, legally (and common sense), a day is a 24 hour
period.
The board/HOA cannot short change
the homeowners on their allotted 14 “calendar days” on occasional observations
noting it was there when they drove (or walked) by one day, and another, but
not the next without knowing for a fact that it was physically there the entire
24 hours each occurrence that it was observed on the Lot.
If a homeowner has an RV and they
come and go throughout the summer and by happenstance the board member or
yourself happen to do an inspection and see the RV on the Lot on 14 or more
separate (or consecutive) instances, and you send them the “notice” of
noncompliance; I guarantee you that these homeowners will take the HOA/Board to
task where the plain language of the CC&Rs regarding the (legal)
definition/meaning of what a “calendar day” is.
So basically this is just an FYI
from me to you (and the board) on this issue that has come up more often since
more “courtesy” notices have been going out over the past couples years on this
matter.
Thank you,
March 25, 2015 email reply from Angela Shinn
Understood.
In many cases the issue has been
people parking their trailers in driveways for much longer than 14 consecutive
days. The people who are only there for a couple days at a time are not such a
big deal.
I’m sorry you are being brought
into this. I will discuss this matter with the Board.
Thank you,
Angela D. Shinn, CMCA, AMS
Superior Community Management
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