| Name: |
BayPineYankee
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| Subject: |
Deed Covenants
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Date:
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3/27/2011 6:19:00 PM
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A property owner in our area has brought in 2 travel trailers and placed them on a lot. They appear to be hooked up to power - not sure where the waste is going. Many of us think this violates our covenants - anyone have any experience with something like this?
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Yep, but you give no information on your covenants and one would need to review the document to give advise. I suggest your association reps consult with an attorney if you think there is a violation.
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| Name: |
BayPineYankee
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| Subject: |
Deed Covenants
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Date:
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3/27/2011 7:49:38 PM
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Fair enough. They allow one single family dwelling per lot. We have two - and neither is a "dwelling" - not attached, still on wheels, etc. I was really wondering whether anyone had experience with someone that knows it's not permitted, did it anyway and is challenging anyone to say they can't.
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| Name: |
Feb
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| Subject: |
Deed Covenants
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Date:
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3/27/2011 7:54:51 PM
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You might want to confer with your County Health Dept, about the concern of proper sewage disposal.
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| Name: |
Toni
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| Subject: |
Deed Covenants
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Date:
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3/27/2011 7:59:52 PM
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Is it formerly Alabama Power Co property? Those Covenants only permit one residence per lot; no mobile homes; and I don't believe even temporary "camper trailers" are allowed. On the other hand, those covenants may have expired and I'm not sure what happens then. It seems to me that a property owner must petition the surrounding neighbors to determine if it's ok to "break the rules." You may want to call APC - if that is your situation.
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| Name: |
BayPineYankee
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| Subject: |
Deed Covenants
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Date:
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3/27/2011 8:02:01 PM
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Thanks, Feb - we did (Tallapoosa). Apparently there is a permitted septic - number of trailers is not their issue.
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| Name: |
Osms
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| Subject: |
Toni's comments
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Date:
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3/27/2011 9:47:31 PM
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Add to Toni's comments. If the property was originally Alabama Power property that was leased to individuals and then sold to the individual the APCo covenants went with each sold lot and were in effect for 20-30 years--in that time APCo would enforce the covenants. Now if the covenants are past the expiration time the violator must get 50%+1 owner to support his trailers. That's written into the APCo covenants. You can get a copy of the covenants from the Dadeville APCo office on Hwy 49. Might need a lawyer. If it was not an APCo lot--good luck!
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| Name: |
John C
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| Subject: |
Enforceability?
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Date:
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3/28/2011 3:36:58 PM
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I am not sure if that is even a word, but I think a lawyer would be able to answer enforceability questions also.
Your HOA / covenants should spell out what should happen if any rules are broken, e.g., is it a monthly fine tacked onto the HOA fees or will it be in the form of a lien placed against the property, to be paid upon eventual sale?
Either way I think you need an attorney to tell you what can be enforced and how it will be enforced.
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| Name: |
redleg6
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| Subject: |
Deed Covenants
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Date:
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3/28/2011 5:24:07 PM
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Yankee, call me at (256) 825-9353 to compare notes.
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| Name: |
Kizma Anuice
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| Subject: |
Deed Covenants
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Date:
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3/28/2011 9:57:28 PM
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Much of Bay Pine subdivision did not belong to APC. I think Jaybird Prichard developed that area. There are probably sub-division covenants recorder at the courthouse. They would govern and do not expire and run with the land.
Having said that, they probably will not permit you to have a travel trailer or camper as you home, however, they probably do not keep you from parking it at your home.
You ultimately will have to get deeper into the facts.
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| Name: |
BayPineYankee
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| Subject: |
Deed Covenants
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Date:
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3/29/2011 8:28:11 AM
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Thanks, Kizma. I have been pretty deep into the facts. I have read the covenants multiple times - they do run with the land, are not expired and do in my opinion prohibit the current use. I have been a member of the Bar for 25 years and handled similar issues in other states - just wanted to know what the group thought or had as experience locally.
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| Name: |
Lakeshore
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| Subject: |
Deed Covenants
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Date:
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3/29/2011 1:18:43 PM
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Last year I went to the court house and got the covenant for our area... wow... what a can of worms. It must have expired because it would seem that every 3rd dwelling is in violation. It was written in the early 70's and any form of livestock from chicken's and birds on up is in violation as well as any building with a metal roof. Obviously written before they became popular. Travel trailers are also mentioned... so... technically, those neighbors with the chickens and every other house that has a metal roof, is in violation by the terms as written.
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| Name: |
lucky67
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| Subject: |
Deed Covenants
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Date:
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3/30/2011 7:40:43 PM
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that belongs to Auburn's new Assistant Coach
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| Name: |
BayPineYankee
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| Subject: |
Deed Covenants
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Date:
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3/30/2011 10:39:13 PM
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Bamaalum - I take it you mistakenly posted to this thread since you reply has nothing to do with the rest of the conversation.
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