On Aug 20, 11:16 pm, (Bob) wrote:
In article

"No boats, trucks, automobiles, or other vehicles, or trailers may be
stored in the open within view of the public street within this
subdivision for more than twenty-four (24) hours, nor may they be
repaired except in an emergency within said twenty-four (24) hour
period on any of the streets within this subdivision."

To me, this technically sounds like you could work on your boat in the
DRIVEWAY as long as it was an "emergency" AND you did it within the 24
hour period. But I get the feeling that they mean "within view" like
they mention in the first part talking about storage.

To me, this means you can do whatever you want on the boat in a
private driveway or yard, emergency or no, as long as it is not in
view of the public street for more than 24 hours.

The "emergency" clause refers to working on it in a "street", as might
happen if the vehicle got a flat tire and moving it from the street to
a private driveway was not practical without first effecting the
repair.

Could it be argued that "any of the streets within this subdivision"
includes private "driveways"? Possibly. It could also be argued that
if the framers meant it to include driveways, they would have written
"any of the streets or driveways within this subdivision."

I note there is no prohibition from storing or effecting non-emergency
repair on a vehicle in a private yard. The framers could have easily
foreseen such occurring and written a prohibition in the form of "nor
may they be stored or repaired except in an emergency within said
twenty-four (24) hour period on any of the streets, driveways or yards
within this subdivision."

"Said twenty-four (24) hour period" sounds very official and scary but
it merely refers again to the period that a vehicle may be "within
view of the public street." It does not a priori mean that non-
emergency repair cannot be performed on a private drive or yard.

On the whole, it seems to me that the framers most likely just wanted
to keep the work out of the public streets (read: thoroughfares), and
to keep it reasonably brief.

A private driveway is not typically considered to be as much a part of
the "common space" as a public street. So there is ample reason to
have a distinction between streets and driveways. Repairing a vehicle
in the public street could be a problem if lots of people did it even
for short periods. People don't tend to care as much what happens in a
neighbor's driveway if it's temporary.

I am not a lawyer, but I have extensive experience interpreting zoning
codes.

wrote in news:1187795879.112007.239080
@x40g2000prg.googlegroups.com:

On Aug 20, 11:16 pm, (Bob) wrote:
In article

"No boats, trucks, automobiles, or other vehicles, or trailers may be
stored in the open within view of the public street within this
subdivision for more than twenty-four (24) hours, nor may they be
repaired except in an emergency within said twenty-four (24) hour
period on any of the streets within this subdivision."

To me, this technically sounds like you could work on your boat in the
DRIVEWAY as long as it was an "emergency" AND you did it within the 24
hour period. But I get the feeling that they mean "within view" like
they mention in the first part talking about storage.

To me, this means you can do whatever you want on the boat in a
private driveway or yard, emergency or no, as long as it is not in
view of the public street for more than 24 hours.

The "emergency" clause refers to working on it in a "street", as might
happen if the vehicle got a flat tire and moving it from the street to
a private driveway was not practical without first effecting the
repair.

Could it be argued that "any of the streets within this subdivision"
includes private "driveways"? Possibly. It could also be argued that
if the framers meant it to include driveways, they would have written
"any of the streets or driveways within this subdivision."

I note there is no prohibition from storing or effecting non-emergency
repair on a vehicle in a private yard. The framers could have easily
foreseen such occurring and written a prohibition in the form of "nor
may they be stored or repaired except in an emergency within said
twenty-four (24) hour period on any of the streets, driveways or yards
within this subdivision."

"Said twenty-four (24) hour period" sounds very official and scary but
it merely refers again to the period that a vehicle may be "within
view of the public street." It does not a priori mean that non-
emergency repair cannot be performed on a private drive or yard.

On the whole, it seems to me that the framers most likely just wanted
to keep the work out of the public streets (read: thoroughfares), and
to keep it reasonably brief.

A private driveway is not typically considered to be as much a part of
the "common space" as a public street. So there is ample reason to
have a distinction between streets and driveways. Repairing a vehicle
in the public street could be a problem if lots of people did it even
for short periods. People don't tend to care as much what happens in a
neighbor's driveway if it's temporary.

I am not a lawyer, but I have extensive experience interpreting zoning
codes.



I think you are dead on. I am a lawyer and I used to write CC&Rs for a
living. When we wanted say driveway, we said driveway. The quoted CC&Rs
only restrict repair on the streets. I wrote several CC&Rs (at the
request of the developer) that said no repair in the driveway, only the
garage. I think as long as you can do the repair within the 24 hour
storage period, you're alright. The OP should point that out to the busy
buddy and tell him or her to pound sand. BTW, because of my dealings with
HOAs, I would never live in one. I've only been to New Hampshire once,
but I like their motto: "Live free or die."

wrote in message
...
I would agree with all of this except for one problem. It's not his
house. He's just an invited guest. The girlfriend is the one that'll
wind up on the hot seat when things escalate. I don't think I'd want
to put someone else in that position be it girlfriend, platonic
friend, family, or anyone else.

But don't sell the boat. There's bound to be another way.

Don't assume she won't go to bat for him (and the Boat if she loves it too).
Fact is you can still do whatever you want based on the net reaction time of
your foes. As someone else said: By the time they can properly react to
the dreaded boat being serviced.... it's already gone. And the ****er is,
you give them the credit for "being right" - so you took it out.

Then do it again - and again - making sure they win every single battle and
still loose the war.

-W

(Just grow a pair, and use them as Squeak Toys)

"Clams Canino" wrote:
Don't assume she won't go to bat for him

I haven't assumed that. But she's the one with the say so in this
whole thing and we haven't heard from her. All we can do is offer the
boyfriend advice and it's not his house.

Fact is you can still do whatever you want

Of course you can. If you're willing to put your girlfriend at risk
while risking zip zero nada yourself.

By the time they can properly react to
the dreaded boat being serviced.... it's already gone.

And you hope that's the end of it, for the girlfriend's sake. And if
by some wild chance you're wrong, it's no skin off the boyfriend's
nose, and to hell with the girlfriend.

And the ****er is,
you give them the credit for "being right" - so you took it out.

I said they (HOA) were right?? Excuse meeee??? I have no more clue
who's right than you do. All I know is this whole thing is between the
HOA and the girlfriend. The boyfriend isn't on the deed, doesn't pay
the mortgage, the taxes, the insurance, doesn't even live there, and
he has NO standing whatsoever with the HOA. To argue with them, he's
GOT to put his girlfriend in the middle.

Then do it again - and again - making sure they win every single battle and
still loose the war.

Good luck

(Just grow a pair, and use them as Squeak Toys)

Apparently, I'm not the one that's missing a pair. So you would allow
your girlfriend to accept 100% of the risk for YOUR 100% benefit?

Rick

wrote in message

Then do it again - and again - making sure they win every single battle
and
still loose the war.

Good luck

I take it that you're not the type to "fight city hall" or " throw tea in
the water" iether???

(Just grow a pair, and use them as Squeak Toys)

Apparently, I'm not the one that's missing a pair. So you would allow
your girlfriend to accept 100% of the risk for YOUR 100% benefit?


I'm *assuming* that since they're together for a while now, that they might
even have a common purpose. And as far as I see it, she's only at the *risk*
of listening to some ****ant weenie scream. Personally, I find that to be a
joyous sound.... EG

-W

"Bob" wrote in message
...

Yes, this post is on-topic. I just have to vent...thanks for
listening.

I live in an apartment and store my 17' v-hull I/O runabout boat in a
storage facility. Whenever I need to work on it, I go get the boat and
bring it to her house for a day or two and work on it there...nothing
major -- just routine stuff like winterizing, tuneups, and other minor
repairs or modifications...it's not like I'm leaving a junky boat half
torn apart in her driveway.

All has been well with this situation for the past 3 years or so until
now. A rep of the homeowner's association which regulates the
neighborhood my girlfriend lives in called her today saying that the
association regulations prohibit working on boats and that boats could
be loaded or unloaded only on your property.

Where does one practically work on their boat if they cannot work on it
at their house? I cannot afford to have someone do every little thing
to my boat when it needs something done to it. Sure, I could probably
get away with doing small things to it, but what about the other things
like winterizing or getting it ready to go in the Spring? The way I
see it, I am screwed and don't have much choice but to get rid of the
boat. What a depressing thought that is, especially since it is a boat
that has been in my family for 35 years, is running better than it ever
has, not to mention how much enjoyment we get from it.



Easy solution. Keep the boat. Dump the girlfriend for a new one who does
not live in a developement with a HOA.

(Bob) wrote:
Where does one practically work on their boat if they cannot work on it
at their house?

If the new girlfriend idea isn't workable for some reason, join a
Yacht Club.

Bob wrote:
Yes, this post is on-topic. I just have to vent...thanks for
listening.

I live in an apartment and store my 17' v-hull I/O runabout boat in a
storage facility. Whenever I need to work on it, I go get the boat and
bring it to her house for a day or two and work on it there...nothing
major -- just routine stuff like winterizing, tuneups, and other minor
repairs or modifications...it's not like I'm leaving a junky boat half
torn apart in her driveway.

All has been well with this situation for the past 3 years or so until
now. A rep of the homeowner's association which regulates the
neighborhood my girlfriend lives in called her today saying that the
association regulations prohibit working on boats and that boats could
be loaded or unloaded only on your property.

Where does one practically work on their boat if they cannot work on it
at their house? I cannot afford to have someone do every little thing
to my boat when it needs something done to it. Sure, I could probably
get away with doing small things to it, but what about the other things
like winterizing or getting it ready to go in the Spring? The way I
see it, I am screwed and don't have much choice but to get rid of the
boat. What a depressing thought that is, especially since it is a boat
that has been in my family for 35 years, is running better than it ever
has, not to mention how much enjoyment we get from it.



I hear ya amigo, A buddy of mine has a go-fast that he would bring to
his house ever spring for cleaning. It would be at his hours maybe 30
minutes before "the assoication" people would call. The rules they had
said it could not be stored there. We he was not storing it there, just
cleaning it and that would take a couple of days.

We use to keep out boat at a marina and they would conplain if we tried
to wash it there. Luckly I could fit it in a car wash and spray it down
and just polish it up at the marina. It ws still a pain, but doable.

I how you find a answer.

Capt Jack R..

A rep of the homeowner's association which regulates the
neighborhood my girlfriend lives

If she lives in a "controlled" neighborhood, you may be dinked....if
she owns the house...tell him to stick his finger up his ass, pull it
out and smell it...then he'll know how full of **** he is.

......sorry....I had to vent.

On Tue, 21 Aug 2007 01:15:03 +0000 (UTC), (Bob) wrote:


Yes, this post is on-topic. I just have to vent...thanks for
listening.

I live in an apartment and store my 17' v-hull I/O runabout boat in a
storage facility. Whenever I need to work on it, I go get the boat and
bring it to her house for a day or two and work on it there...nothing
major -- just routine stuff like winterizing, tuneups, and other minor
repairs or modifications...it's not like I'm leaving a junky boat half
torn apart in her driveway.

All has been well with this situation for the past 3 years or so until
now. A rep of the homeowner's association which regulates the
neighborhood my girlfriend lives in called her today saying that the
association regulations prohibit working on boats and that boats could
be loaded or unloaded only on your property.

Where does one practically work on their boat if they cannot work on it
at their house? I cannot afford to have someone do every little thing
to my boat when it needs something done to it. Sure, I could probably
get away with doing small things to it, but what about the other things
like winterizing or getting it ready to go in the Spring? The way I
see it, I am screwed and don't have much choice but to get rid of the
boat. What a depressing thought that is, especially since it is a boat
that has been in my family for 35 years, is running better than it ever
has, not to mention how much enjoyment we get from it.


Have you actually read the association rules? You may be getting an
'interpretation' from someone who thinks your girlfriend is a fox and wants
you out of the picture.

If you're talking about working on the boat for a few hours on a single
day, I don't think the association can do squat. If you're leaving the boat
in her driveway for several days at a time, then you may be in violation.
In any case, the association must notify you, in writing, of the rule
violation. If your boat is in and out in one day, it will be gone by the
time the association writes anything.

From a former HOA VP.
--
John H