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Firstly, see who owns that parcel by calling the assessor' office. If it's the developer or the hoa then I think there is an argument that it's included in the "common area" as described in the covenants. Though there would still be the issue of access.
I'd also consider an inquiry into the RV and whether it meets the requirements of the covenants. They seemed fairly straight forward and strict.
When I worked in a county assessor's office I saw countless arguments over access. The government can't and won't get involved unless there's a public safety issue. When something like this (both issues of access and common area) happens on private land it has to be settled in civil court. That's the only way you'll make these have to comply if they're bound and determined not to. Shame, that. Hopefully your hoa would get behind it.
I'd also consider an inquiry into the RV and whether it meets the requirements of the covenants. They seemed fairly straight forward and strict.
If I understand par. 3.03 Use of Temporary Structures, any recreation vehicle must not be on the property longer than 90 days UNLESS stored as part of the permanent residence. And no RV may be on the property for longer than 14 days out of 30 unless provided with a legal sewage disposal and all utilities. Seems pretty straightforward to me.
The RV is definitely in violation because of how long it has been there, though it is probably parked on his land. I wouldn't care about that at all if the guy was polite. By far the most annoying aspect is him claiming that he owns Bonito Falls and calling the cops on anybody who comes out there.
I've found out who to talk to, but they haven't called back yet. The original owner of the development is still in control because most of the lots haven't been sold.
If the RV is in violation have the HOA inform the owner that it has to be moved. The HOA should also tell the owner that he does NOT own the Falls and he does NOT control access. Then the HOA should tell the local and state police to ignore any calls from that landowner concerning the Falls.
Use the HOA rules to your advantage. Get a Lawyer. Access to that lovely spot is worth a couple of hundred bucks or more.
The common land is on both sides... the creek is in the middle of that 5 acre rectangle. The trailer-man (with his wife, child, and two dogs) supposedly owns tract 10, and *might* be parked right on the edge of his property... but it would probably need to be surveyed again to be sure. I've paid 3 visits so far and he was not there, but apparently is quite a bit. So far the owner of the development hasn't returned my calls...
Get a Lawyer. Access to that lovely spot is worth a couple of hundred bucks or more.
I don't know what lawyers charge in Ruidoso/Alto but around here a couple of hundred dollars will get you less than an hour worth of their time. I don't think they can solve this problem in less than a hour. I think the lawyers fee might be a couple of thousand dollars unless you find one that really needs the money right now.
Given the smaller dollar amounts involved, you can always try bringing the court case yourself pro se; but you need to gather all the pertinent data (surveys, covenants, etc.) right now before you even think of either bringing in a court case or hiring an attorney. That's probably the first thing the attorney would tell you (or charge you to do themselves).
You don't sound like you're convinced that you're right enough to convince me that you're right; odds are wouldn't work with a judge either. Once you get it, the data will steer you right, be it to back home, to a settlement, or to a court case.
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