Legal Question in Real Estate Law in Maryland

Hoa

I got a letter from my HOA stating that I have to move my trailer off my property on store it in an approved garage. The covenants state that you can't have utility trailers, horse trailers, dual axle trailers or trailers over 6000 lbs. My trailer is a business trailer and it's a dual axle cargo trailer. The convenants doesn't actually state that you can't have a (business trailer). My question is, do you think they can make me move it or should I fight it.

Thank you!


Asked on 9/10/08, 12:47 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Hoa

If your covenants prohibit dual axle trailers as you state, then yours falls within that class and is prohibited. It's purpose doesn't matter, as I understand your explanation of the covenants. When you decide to live in a planned unit development, you agree to abide by the covenants, even though that limits your ability to control your property to a certain extent. You could seek an amendment to the covenants by following the procedure for doing so. This would probably involve getting a resolution in place for vote at the next HOA meeting. I suggest you speak to some of your neighbors to see what support you can muster for such a proposal.

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Answered on 9/10/08, 2:15 pm


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