The Covenants and Prohibited Vehicles – It isn’t hard, it is right there - in simple English!

Apparently, one of the Board Members is having a difficult time getting the full meaning from a certain section of the Covenants:

Article VI: 

Section 6.16: Commercial and Recreational Vehicles and Trailers:

In addition to the restrictions of Section 6.15, no commercial vehicle (other than passenger vehicles having a capacity of less than nine (9) passengers), house trailer, mobile home, motor home, recreational vehicle, camper, truck with camper top, boat, boat trailer, open trailer, enclosed trailer, or like equipment shall be permitted on any Lot or within the right-of-way of any street in the Development on a permanent basis, but shall be allowed on a temporary basis not to exceed twenty-four (24) consecutive hours; provided however that the Association may waive strict enforcement of this restriction for good cause on a case-by-case basis. Notwithstanding the foregoing, any such vehicles or equipment may be stored on a Lot, provided such vehicle or equipment is kept in an enclosed space and is concealed from view from neighboring Residences and streets.

(Further, from the Handbook, Article X, Section 3, Subsection D, Item 6)

No vehicle or motor vehicle shall be parked in back yards unless concealed by a fence. No motor vehicle may be parked in the front yard of any residence unless upon a paved driveway leading directly from the roadway to the resident’s garage. No parking will be allowed upon any unimproved surface, including but not limited to grass and dirt surfaces.

And there it is, in plain language.  

• You can’t permanently park the listed vehicles on any Lot, or on the right-of-way, in the Development (Lake Shore HOA).
• You can park them for no more than 24 consecutive hours.
• You can store them in your enclosed back yard or your garage, but the vehicle must be concealed from neighbors and the street.
• You can’t park any vehicle in the back yard unless it is concealed by a fence.
• You cannot park on dirt or grass – back or front yard.

Nowhere a word about hitching the prohibited trailer to a vehicle. (Since a camper is prohibited, and a truck with a camper top is prohibited, chances are very good the author of the Covenants didn’t consider it work the ink to add that a truck with a prohibited trailer hitched to it does not legitimize the trailer, in the same way that a camper and a camper top are both prohibited.)

So, why is the certain Board member now claiming that it is permitted to attach your trailer to a vehicle, that it doesn’t count as ‘stored’ or 'parked' if attached to a vehicle; that the act of attaching the prohibited trailer to a truck renders it NOT  being on the Lot or right of way? 

There is but one version of the Covenants, and it is very, very specific about the prohibited vehicles and trailers.  It is very specific about where they can be stored;  is very specific about how it can be stored; it is very specific that it is not permitted for more than 24 consecutive hours unless stored.

More puzzling is that Lanier claim that they need clarification regarding whether or not the Covenants permit a trailer to be in the driveway if it is attached to a vehicle as a long-term option.  Can Lanier not read? Who are they going to get clarification from: The Board? The lawyer?

The Covenants and other HOA documents set the conditions and standards of the HOA area, and the penalties for non-compliance; we pay our dues, and we obey the Covenants and other HOA governing documents.  The other side of the coin is that the ByLaws and Covenants task the Board and any management company hired by the HOA with enforcing and upholding the directions in the Covenants and other governing documents.  

There is an implied contract, but a contract, nonetheless. This whole not-understanding plain English looks one more breach of the contract between the HOA and the HOA Members to me.