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TN - HOA Dispute over CCR's. HOA changed wording via their Rules & REGs & now threaten fines & lawsuits all at our expense.
Our HOA is trying to get us to move our RV out of the neighborhood which will result in great cost to us. Section 10.22 of our CCR's state Trucks, Buses & Trailers: "...and no truck (other than pickup trucks), bus, boat, trailer, or inoperative vehicle shall be parked on the driveway or any portion of Lot in such manner as to be visible from the street." They sent us a letter to remove it on 8/16/07. We responded with our letter stating no less than 17 Trailer, boat, commercial truck violations, requesting 100% compliance before we addressed the issue. 10/3/07 We received a "Final Notice" stating the CCR's again adding the word RV to what is actually written. This time they stated we would be assessed a $200 fine. On 10/17/07 I was finally able to reach the Property Management company & was informed that there would be no fine that the intent of the letter was to get us to move the RV. He agreed that the word RV was NOT in the CCR's. Then we received a "Newsletter" dated "Winter 2008" with Rules & Regs adopted by the Board. I called the Property Management CO again 3/24/08 regarding the fact that this Newsletter was chaging the CCR's and adding RV to it again. He stated it had been "reviewed by an Attorney & was their (HOA Boardmembers) opinion & interpretation of the CCR's". I told him it completely changed the wording of the CCR's which they need 90% vote of the homeowners to do. He stated he'd go back to the Attorney & get a written legal opinion on how it would all "play out" in Court & mail that to us. He never did. Now the process is starting all over again... We received another letter dated 12/8/08 again stating we had to move our RV. They are stating "Article X, Section 10.22 reads: No truck (other than pick-up trucks) bus, boat, trailer RV"s, mobile home or inoperable vehicle shall be parked on the driveway or any portion of Lot in such a manner as to be visible from the street." Again they are adding the words "RV's & Mobile home" to this as the original CCR's clearly do not have these words in them which the Management Company has already agreed is correct. Today I spoke with the sender of the letter the "Association Manager". When I explained to him my previous conversations with the Owner he simply stated well you just give me your attorney's name and address & I'll have our attorney send them a letter telling you to move the RV. We feel they are in the wrong by harrassing us like this and they know it but won't stop. Our RV is licensed as a Auto, not a truck or bus. It's a brand new 2008 Class A rig which we bought to retire & travel with, so it's not an eyesore issue. It's 34 ft. long but fits completely in our driveway so it's not causing a road hazard issue. We are not on a corner lot so it is not presenting a Visual issue. It's taller than our garage so we cannot park it in there. There's no access for us to park it in the rear of the house. It is not winterized for storage because we use it so it is currently plugged into our household electricity to maintain the battery and refrigerator/freezer. In order to store this rig at an outside location it would mean we would have to winterize it and pay a storage facility to house it. Then when we wanted to use it we would have to pay to have it put back in service again and then pay to winterize it again before taking it back to storage. This would be very costly since we use it frequently. We are retirees who want to use our RV and travel at will. With the RV at home we can do that. What can we do to stop the HOA from further action against us? We know the next step will be a fine since they adopted those in the Newsletter to be added to homeowners accts who fail to "Cure" violations. We do not feel this is a violation since the CCR's do not state RV or Mobile home. They feel it was the "intent" so the made up the "Rules & Regs" but the legal document (CCR's) clearly does not state RV's or Mobile Homes. What can we do? Help!

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