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Well, another HOA horror story. Charleston Management runs the HOA for the Wynngate housing subdivision in Creedmoor while the developer/builder finish and turn over the board to the community home owners - which will not happen for some time at this point.
When we moved in, we agreed to abide by the covenants given to us and filed by the builder with Granville County. We just got a letter about a violation that is not listed in those covenants but several months after we closed we received a CD with the Charleston Management interpretation of those covenants - and it is listed in their list...but we were not given those at closing.
Specifically, the issue is over a small 5X10 utility trailer that I use daily for my business and is always connected to my pick-up truck. It is always empty at the end of the day and in good condition and has no signage on it. It is parked in my driveway, not on the street. I challenged Charleston Management on this and they said they have the right to interpret the "spirit" of the covenants as they see fit and even though the covenants say nothing about prohibiting utility trailers, the developer had intended to prohibit them but just did not list them....
My issue is that, knowing we would have a utility trailer for the operation of our business, we would have selected another community if we knew this in advance.
My question to all is what the opinion on this issue is - is there recourse? Can the covenants be changed in this fashion? Is having a utility trailer hooked to my pickup that big of a deal?
To me it is another example of an out-of-control Property Management company using the HOA to intimidate home owners. I would definitely not move into any community run by Charleston Management if I had the choice - and when the HOA does get turned over I will do what I can to influence other community members to vote against renewing their contract.....
Well, another HOA horror story. Charleston Management runs the HOA for the Wynngate housing subdivision in Creedmoor while the developer/builder finish and turn over the board to the community home owners - which will not happen for some time at this point.
When we moved in, we agreed to abide by the covenants given to us and filed by the builder with Granville County. We just got a letter about a violation that is not listed in those covenants but several months after we closed we received a CD with the Charleston Management interpretation of those covenants - and it is listed in their list...but we were not given those at closing.
Specifically, the issue is over a small 5X10 utility trailer that I use daily for my business and is always connected to my pick-up truck. It is always empty at the end of the day and in good condition and has no signage on it. It is parked in my driveway, not on the street. I challenged Charleston Management on this and they said they have the right to interpret the "spirit" of the covenants as they see fit and even though the covenants say nothing about prohibiting utility trailers, the developer had intended to prohibit them but just did not list them....
My issue is that, knowing we would have a utility trailer for the operation of our business, we would have selected another community if we knew this in advance.
My question to all is what the opinion on this issue is - is there recourse? Can the covenants be changed in this fashion? Is having a utility trailer hooked to my pickup that big of a deal?
To me it is another example of an out-of-control Property Management company using the HOA to intimidate home owners. I would definitely not move into any community run by Charleston Management if I had the choice - and when the HOA does get turned over I will do what I can to influence other community members to vote against renewing their contract.....
Real estate covenants are strictly construed, and so it appears that in this case if the actual covenants filed with the registry of deeds do not prohibit what you want to do, then it's allowed. But make sure that there's not something in the covenants that grants latitude to the HOA to impose restrictions of the sort that you describe here. And, of course, contact an attorney.
Have you considered that perhaps the source of this complaint may be a neighbor(s)?
If so, you may have an opportunity to alleviate the issue and make some friends if you can understand who and why the complaint was filed, and take a moment to explain your use and perspective on the trailer. It also may be valuable for you to hear their perspective as well. You may be surprised at how your immediate neighbors feel about the issue either way, and come to a reasonable solution.
We have a neighbor that is a contractor, and he regularly parks his empty similarly sized trailer in front of his house too, and for our neighborhood the "regular" is the issue... although being a 100 year old neighborhood, we have no covenant to address it. It honestly does look a bit unsightly always parked there when no one else on the block keeps trailers in the front yard, no matter how clean and empty the trailer is. It makes it always look like a construction site to some degree. So maybe that is what has caused someone to complain?
The occasional dump truck and construction trailer isn't so great either ....anyway, that's not your case. I'm just venting a little
Also, and I can't speak to whether this is your case or not, but the length of the trailer and truck in our neighbor's case often means that the trailer blocks the sidewalk, partially or completely. This alone is an ADA violation, and several people including the owner himself ironically have tripped over the tongue of the trailer and hurt themselves at dusk.
Do you have an option of parking the trailer in your garage or back yard?
Just some general thoughts/suggestions....
Good luck, I'm sure(hope) there is a solution you can reach to make everyone happy. No law/code/covenant is perfect that will make everyone happy, and by definition are always a compromise between public and private rights.
Have an attorney see if the covenants allow this "interpretation". If not, have the attorney challenge the HOA by letter.
I would not immediatley get an attorney involved. That seems like a complete over-reaction to this situation IMO.
I understand that you are frustrated and angry, and I hear you when you say you would not have purchased in this community if you knew there would be objections to your vehicle. I'm also assuming it was not your intention to violate any of the agreed to covenants.
Now, can I respectively ask you to step back for a moment and look at the situation from the perspective of your neighbors and fellow homeowners? You may not beleive it, but a neighbor is likely as frustrated and angry as you and they would never have purchased a home in your community if they though they would have commercial vehicles parked in your driveway.
I think the issue may not have begun with the HOA management, but was in fact initiated by a neighbor(s). Typically, HOA management/boards do not stroll through a neighborhood with a clip board looking for violations of covenats. Usually, a fellow homeowner gets fed up with something they perceive as a violation and they report it to the HOA management. The HOA management or board is then sends a letter to the homeowner.
Obviously, HOA covenats can not possibly address every conceivable potential violation and often they are intentionally written in a broad way.
You could spend a lot of time and money debating technicalities and hiring attorneys, but I think you would have much more luck trying to calmly and rationaly approach the HOA management and attempt to understand what is the true objection and iif there any room to reach a comprimise that everyone can live with.
Real estate covenants are strictly construed, and so it appears that in this case if the actual covenants filed with the registry of deeds do not prohibit what you want to do, then it's allowed. But make sure that there's not something in the covenants that grants latitude to the HOA to impose restrictions of the sort that you describe here. And, of course, contact an attorney.
Like the others have said, you most likely need to consult an attorney.
Unfortunately, most of the covenants that provide for an HOA also give them latitude to create rules and change them. Usually, rule changes need approval from a certain percentage of home owners, but until most of the lots are sold the builder/developer usually has control.
The property management company is just hired help and is not going to do anything for you. They work for the builder/developer so that is who you would need to talk with, not the management company.
I think the issue may not have begun with the HOA management, but was in fact initiated by a neighbor(s). Typically, HOA management/boards do not stroll through a neighborhood with a clip board looking for violations of covenats. Usually, a fellow homeowner gets fed up with something they perceive as a violation and they report it to the HOA management. The HOA management or board is then sends a letter to the homeowner.
It's too bad that people can't just go and talk to their neighbors instead of filing complaints. We're always so quick to take "official action" anymore, and totally skip just having a chat with someone and trying to work things out.
It's too bad that people can't just go and talk to their neighbors instead of filing complaints. We're always so quick to take "official action" anymore, and totally skip just having a chat with someone and trying to work things out.
This couldn't be more true...it's amazing what can be accomplished if you just extend an olive branch and talk. If the OP's neighbor is the problem, I hope they can work it out!
Anyway you can get that trailer behind your house? Is it an enclosed trailer or a flat bed? Most flat bed trailers and even small enclosed trailers can quite easily be moved by hand like a wheel barrel. Even if it is on the heavier side, two people should be able to move it. Of course if it is full of your tools, you're SOL. Most home owners consider things like trailers, old Rvs, boats, campers etc unsightly.
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....anyway, that's not your case. I'm just venting a little 
