Q. I reside in an RV resort which is organized as an HOA. The rules state that “Point to Point” RV’s or “Destination” trailers are not allowed to be placed on a lot within the resort. The industry has continued to improve the capabilities of these trailers to bring them into the realm of Travel trailers but failed to define the specific differences of the two types of RV.s. Can the HOA place restrictions on the type of trailer I can keep. I want a new trailer, so it will be visually attractive but I am told that the HOA will not let it in the resort.
As a member of an HOA you agreed to give up certain freedoms with respect to your property when you purchased the lot. While some property owners tend to rebel against the HOA and its rules, it is important to remember that HOA’s are primarily organized to operate the amenities in your community and also to enforce the rules and restrictions established by the developer. Without the HOA, the amenities would likely suffer and the rules and restrictions would be meaningless. Without amenities and reasonable rules, property values will suffer. Assuming that the restriction against your trailer was part of the HOA’s rules and restrictions when you purchased your lot, you will not likely have a strong case against the HOA because you agreed to that rule when you purchased whether or not you were aware of it.
However, if the rule against your trailer was passed by the Board after you bought your lot, you should ask for verification that the rule was properly approved in accordance with Florida law. To be valid, a new rule requires 14 days’ advance notice to the members and also must be consistent with the recorded restrictions in the community Declaration. You can obtain information about the rule by requesting an official inspection of the HOA’s records which should include meeting notices and agendas with respect to any new rules.