Legal Question in Civil Litigation in Utah

C c & r

The HOA says I can't leave my boat in my driveway even through I am using it often. Item 17 of the CCR says boats, etc shall be parked or stored behind the front yard setback, screened from view. But, Item 7 says No boats, etc, are to be stored on streets or front or side lots, unless they are in running condition, properly licensed and are being regularly used. I store my boat in a garage off site during the winter. But during the summer while I'm regularly using it, I leave it in my drivway. I say item 17 is for long no use storage, but item 7 clearly states that while I'm using it, I can leave it in my driveway in front of my 3rd car garage. Item 17 also went on to say that sufficient side yard gate access should be planned and provided for to permit boats etc. to be able to be on the side yard. But they builder (we bought after it was built) did not do this to a number of houses. I would have to drive over my neighbors yard (I am at the end of a cul-de-sac) to cut the corner to get to my side yard. So that alone violiates their CC&R. But doesn't item 7 clearly state during use, I can leave it in my driveway or the steet? Thank you


Asked on 5/25/05, 9:53 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: C c & r

You purchased the home subject to the CC&Rs. They are a contract to which you are held. I there is a discrepancy and/or conflict with the CC&Rs, as it appears, make an appointment with the managing officers/committee and ask them for an official opinion or position. The CC&Rs will set forth the requirements to amend them.

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Answered on 5/25/05, 7:16 pm


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