Biloxi, MS outlaws RV's parking on private property

[Joint Venture]

 

A good friend of mine is a Class A MH owner as well as a Harvest Host/Boondockers Welcome member and host. Recently he was cited for permitting RV's parking on his property for overnight stays. His property is in the country, has plenty of room to park 2 or 3 RV's although generally only has one there at a time. He was cited for permitting "guest cottages" on overnight stays. Guest cottages are defined as:

GUEST COTTAGE
"A subordinate, accessory single-family dwelling located on a lot of record upon which a principal single-family dwelling has been constructed or is under construction, which subordinate dwelling, with or without culinary facilities, may be used as a place of non-permanent housing for guests of the occupants of the principal dwelling situated on said property."

"The use of manufactured homes, travel trailers, campers, tractor trailers, or similar vehicles as a guest cottage shall be prohibited."

 

[Cubflyer]

Applying that to a one night “Harvest host” style parking of a RV on private property is (IMO) a bit of a stretch. A traveling (one night stay) RV is hardly a ‘secondary dwelling’/‘Guest cottage’  by definition (again IMO) not the “intent” of the regulation.  Was there a fine or anything involved?

[1nolaguy]

I wonder if this is a city or county ordinance. Sounds like Henderson County. They are a real PIA. I own two undeveloped lots in Henderson point. I could not get a permit to build a pole barn there to store our MH because ours in not a water front lot. Water is across the street. That whole area has been undeveloped since Hurricane Katrina (2005).

[JDCrow]

Extremely short sighted county officials. Those staying;

1) Most likely bought fuel

2) Most likely bought groceries 

3) The revenue generated by the host allows them to purchase more in the county.

It always amazing me that official just can’t see when money is spent in their area, it comes back. It’s the same with every business , you run them off (taxation, limitations) then they have to raise the taxes on residents. 

I see the flip side as well as the homeless population explodes they don’t want to see these types of “permanent” “cottages” 

They could make money by allowing the host to purchase a permit to do his biz

[tmw188]

He needs to go talk to Harvest Host for maybe some guidance. Maybe attend a Council Meeting with pictures of his property. I would fight it. 

[Bobkat11208]

Not to get political, but this validates my working theory that we never actually own our property. And, in trying to change their minds/“fight” it, they use unlimited $ (including your own tax $) against their own citizens. See it in this instance, seen it play out where I live. End of rant. 🤷

[Tom Cherry]

YES...technically, even an OWNER can be forced to give up his property...happens all the time when a road or other "WORTHWHILE" project....usually roads, but also public buildings or schools or hospitals.  Varies from state to state...and THAT is the END OF THAT.

BUT, without getting into a constitutional debate or such...

When one buys a home and the land (and house and such) have a BINDING set of Covenants from a duly qualified entity, such as a Home Owners (Property) Association, then those rules stand.  In many cases, when the ENTITY (called HOA or POA) makes revisions, and the property owner protests, then the courts have (USUALLY...NOTHING IN THE COURTS IS ABSOLUTE), that the Revision or "DATED" level of the Covenants are the RULING one.  You can rewrite them all the time...but the owner does NOT have to comply..

OK...that was the PREMISE....

BUT the crafty lawyers (I can defame the profession as I paid to educate my son and get his JD...LOL) started to get wise.  THEN then said...."whatever the date of the covenants are at CLOSING are BINDING...as they should BE...

BUT, there is a back door or loophole.  The HOA or the POA has the right to ammend, based on due cause and there is a "sort of iron clad protocol" that they must go through to REVISE.

REAL WORLD...A friend has had to consolidate and rewrite the covenants for a rural mountain community.  MOST of the Property Owners are "ROCKET SCIENTISTS"....THAT IS A FACT.  One NASA Professional (Scientist or Engineer) found the community.  BOUGHT land...Built (himself) the home.  NOW...he was SO SMART...he designed it and then was his own general and did most of the work.  It is a 4 story or level house...with an elevator.  He brought in, towards the last, the HVAC contractor and said..  OK...need a Quote.  The contractor walked around....looked at the PROFESSIONALY (AutoCad) plans and said.  You can NOT install a HVAC system in this house.  SPLUT... SPLUT....you dumb hillbilly, of COURSE you can... I'll get someone one who know his craft...  

OK...the Hillbilly as he was leaving calmly explained...  You put in chases for water, sewer and electrical.  You left out the DUCTWORK Chases.  I can NOT run duct up and down....it ain't gonna work.  OMG....the guy turned pale.

THEN he apologized.  The solution.  The wife had to give up several of her closets or shrink then down so that the Supply and Return was installed and the supply registers were massive above the door of each closet...only ONE per level.

I was challenged to design a AC System for my Parents house.  They had Radiant Ceiling heat...  One big wire running about every 8" and then sprayed with popcorn.  Single level.  NO Crawl space big enough.  We finally got it installed with a trunk line or main supply in the attic and every DROP was into a Closet and then a 90 degree into the room.  Had them coming out of the garage roof and then into the kitchen and living room.

SO...BACK ON POINT.  These NASA Scientists sort of "RAN THINGS".  They controlled the HOA.  They wrote CUSTOM covenants for different sections and such.

An owner challenged.  The Covenants were combined and then 75% of the Home Owners had to VOTE...FORMALLY...in person.  SO the NEW set now is in place...and there is a clause the 80% of the Owners must approve any revisions.

NOT ALWAYS THE CASE.  There was a MEGA lawsuit where a dense townhouse community was controlled by some "Radicals".  They decided NO AirBNB.  Don't care which side one is one or not...  BUT the ORIGINAL Covenants never addressed short term rentals and then the "Radicals" added...  ALL Short Term Leases...as in owning a unit for investment, had to have the CONSENT of the HOA board or committee and the renter was then "INTERVIEWED" to make sure they were OK.

That got shot down... 

SO...in this case...  Whatever the Deed Restrictions were....and if there is an "ASSOCIATION", ODDS ARE...the purchaser signed on that form...sort of the SIGN HERE....KEEP MOVING.  SO, your RIGHTS are subject to whatever covenants or deed restrictions that you signed at closing...and that, generally speaking, is the law.

This is NOT a government take over...but the way the Associations govern.  I have friends that own expensive homes, one with a MH barn.  They NEVER, EVER would buy land in a development with any "RESTRICTIONS".  BUT, then the flip side.  Joe Shadetree comes in and starts a "fix on sight" garage.  He builds a garage...keeps adding bays...now there are 20 cars parked....down the road is a multimillion home....and then the FUN BEGINS....

This is MY understanding and I was president of an HOA for years and tried to "govern" and keep peace...and my Boat and MH were challenged by the HOA... and I fought and won...because the Developer, who was HEAD of the Architecture committee for years, installed a second driveway for anything I wanted to park...Boat, Utility Trailer or RV or MH.  The HOA went hostile and I sent them an explanation and copied the attorney that closed...who closed most of the houses.  He sent the HOA attorney a short note.  Developer approved, per the Architectural rules, the driveway, for the EXPRESS purpose of additional parking for vehicles or such....no restrictions.  THEREFORE, I (his buddy) HAD received Architectural Approval...and it was GRANDFATHERED and then I was FREE to do what I pleased.

I kept the letter.  Each time the HOA changes the "Management Company", they FLEX their muscles and I get a Violation.  I send back the violation and said it was approved and here is the note from the attorney and the BOARD, that did the ORIGINAL Griping sent me a letter saying....YOU ARE IN COMPLIANCE...

END of RANT>..