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Who sets the rules for trailer park association, residents or the city?

Posted on Sat, Jun 09, 2012 @ 11:51 AM
We have a trailer park condo association of 144 units. It's self managed by elected officers. We own our own land/unit. Most unit owners go by the rules of the "city" for improvements. Jan. 2012, the city just allowed sheds to be constructed 3 ft. from side property lot lines. One unit owner constructed a shed using the new variation set forth by the city. The condo association is threatening to sue the owner and have him tear it down. In the association rules it has the old set-backs as their guidelines. Can they fine, sue, or force the owner to tear down the shed. The city gave him a permit and the city signed off on final inspection. The association has been know to use "selective enforcement".



Condo associations must comply federal, state, and local government rules.  
But in addition must follow the rules in the Master Deed, CC&Rs, By-Laws and lawfully rules set by the board of directors. If the condo association had a rule barring sheds, it does not matter that the city signed off on it. HOAs and condo associations have rules that must be complied with the the association can fine the violator, and possible win a suit.

posted @ Saturday, June 09, 2012 11:59 AM by john mastro

From your Blog it appears that you have an Assn. That has it 's recorded documents which each owner becomes subject to Assn.rules. The city can issue permits however each owner agrees to Assn. controlling documents. If you can prove "selective enforcement " you could have recourse.

posted @ Saturday, June 09, 2012 12:06 PM by BC Martello

Asociation rules trump city rules. The owner signed an agreement to follow the Association rules. That is all there is to it.

posted @ Saturday, June 09, 2012 12:41 PM by Don

Whoa, wait a minute or two here! The first commentor is the closest to correct. I'm a Urban Planner with over 35 yrs experience and also an HOA Director. All HOA's must comply with applicable minimum City, County, State and federal laws. They are NOT totally independent government entities unto themselves although some people think so! Only American Indian reservations can claim that type of complete independent "police power". But HOA's can enact standards and procedures in their CCR's and Rules & Regs that are MORE restrictive than applicable city/state/federal ordinances pertaining to most subjects. Exceptions would be anything deemed discriminatory or that would not be consistent with standards & laws established to protect the health,safety and public welfare. In this case, I would say the HOA could take precedence over City standards if their "guidelines" are actual "standards", were lawfully adopted, are more restrictive than city standards, and are applied consistently through an established review and approval process. If not, it's questionable that they can demand compliance with "guidelines" on an informal ad hoc basis. The term "guidelines" also suggest that deviations may be permissable.  
The original commentor should contact City Planning staff to get the skinny on how the park was approved, what conditions may have been imposed by the city at that time, any new laws that may be relevant, and discuss the question of the apparent difference between City zoning/development standards and the HOA "guidelines". They should be able to clarify this situation as well as how the park should be operating in general. This costs nothing, as opposed to seeking an attorney's advice.

posted @ Saturday, June 09, 2012 5:38 PM by meg

If you don't like the rule, get together with your board and other owners to see about changing the rule.

posted @ Sunday, June 10, 2012 12:00 PM by JT

All by laws of association must comply with local ordinaces of city county and state, However. The association may add thier own as they wish as long as it does not break laws.SOME associations do whatever they please and are not reported.

posted @ Tuesday, June 12, 2012 4:57 AM by phyllis dodge

I would have way too much fun messing with people's utility trailers and moving them around.

posted @ Thursday, October 17, 2013 1:59 PM by Simon Adair

Even in a trailer park association, the state laws have to be obeyed. If he was allowed by the city, then the association will have to find another way to enforce their laws. It makes sense to build a shed for the trailers in the area, and when he moves the association will have gained a shed free of charge. 
Jenn | http://www.jjtrailer.com

posted @ Monday, July 28, 2014 9:33 AM by Jennifer Davies

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