covenant and commercial van

Alan2020

Morrigan_2020 said:

These new build covenants are so snobby, we need to get a grip on this before we end up with US style HOAs dictating what plants people can grow and how many garden gnomes they're allowed. 

They only exist due to inconsiderate people, for instance some ignoramus parked his motorhome in his parking space, blocking  access to our spaces and arguing he could.  Only the covenant helped us.  So no I would highly encourage covenants to protect innocent people from selfish stupid people.  Sadly there will be collateral damage, which you can check before you buy or rent.  Another case where someone parked a removal lorry in his parking space blocking access to other spaces, how can you deal with this legally without a covenant.  In an uncivilised society a thorough beating will enlighten people, but we do live in a society with rules and responsibilities.

Morrigan_2020

Alan2020 said:

Morrigan_2020 said:

These new build covenants are so snobby, we need to get a grip on this before we end up with US style HOAs dictating what plants people can grow and how many garden gnomes they're allowed. 

They only exist due to inconsiderate people, for instance some ignoramus parked his motorhome in his parking space, blocking  access to our spaces and arguing he could.  Only the covenant helped us.  So no I would highly encourage covenants to protect innocent people from selfish stupid people.  Sadly there will be collateral damage, which you can check before you buy or rent.  Another case where someone parked a removal lorry in his parking space blocking access to other spaces, how can you deal with this legally without a covenant.  In an uncivilised society a thorough beating will enlighten people, but we do live in a society with rules and responsibilities.

People mostly manage without covenants, there are none on my street and everybody just behaves decently for the most part, that's vans, cars, caravans, motorhomes and a few sleighs at christmas. 

Inconsiderate people are not as common as you think. 

Alan2020

Morrigan_2020 said:

Alan2020 said:

Morrigan_2020 said:

These new build covenants are so snobby, we need to get a grip on this before we end up with US style HOAs dictating what plants people can grow and how many garden gnomes they're allowed. 

They only exist due to inconsiderate people, for instance some ignoramus parked his motorhome in his parking space, blocking  access to our spaces and arguing he could.  Only the covenant helped us.  So no I would highly encourage covenants to protect innocent people from selfish stupid people.  Sadly there will be collateral damage, which you can check before you buy or rent.  Another case where someone parked a removal lorry in his parking space blocking access to other spaces, how can you deal with this legally without a covenant.  In an uncivilised society a thorough beating will enlighten people, but we do live in a society with rules and responsibilities.

People mostly manage without covenants, there are none on my street and everybody just behaves decently for the most part, that's vans, cars, caravans, motorhomes and a few sleighs at christmas. 

Inconsiderate people are not as common as you think. 

Ha Ha, move to some parts of London and you will start a campaign for stricter laws, not covenants 

AdrianC

Morrigan_2020 said:

These new build covenants are so snobby, we need to get a grip on this before we end up with US style HOAs dictating what plants people can grow and how many garden gnomes they're allowed. 

The simple and direct way to resolve it is to not buy a house with that covenant in place.
Nothing else will be effective.

If you're buying new-build, tell the developer exactly why you're pulling out.

If you're buying used, then - hey-ho - sorry, vendor. I'm sure somebody else won't have an issue.

Complaining post-purchase achieves nothing.

mattyprice4004

I want to bring home a double-decker bus and park it in my space - is it OK as long as I only use it as a car?
No, and the same to your question.

mattyprice4004

Morrigan_2020 said:

These new build covenants are so snobby, we need to get a grip on this before we end up with US style HOAs dictating what plants people can grow and how many garden gnomes they're allowed. 

I'd rather that than the free-for-all I've seen on some estates!

peppapig14

thank you for all responses, I will attempt to answer all below
the estate was built in 1980, with a residents management org who employ a management org for upkeep of the estate ( about 8 roads , where other have no management org history 2 streets )
the residents management have 2 directors 
the management org has a new manager ( since Nov 2020 ) and has sent a letter advising we are breaking the covenant by parking the commercial van and have 10 days to move it or they will proceed further. knowing the area well there have been commercial vans parked here at least 6 years plus

there are other covenants that are regularly broken ( ie no-one asks when they change Windows, satellite dishes hanging up , etc ) and nothing has ever been done about these

davidmcn

None of that further information changes the advice already given. You haven't clarified, but I presume your rights over the space are only what you quoted ie you don't own it? 

AdrianC

peppapig14 said:

thank you for all responses, I will attempt to answer all below
the estate was built in 1980, with a residents management org who employ a management org for upkeep of the estate ( about 8 roads , where other have no management org history 2 streets )
the residents management have 2 directors 
the management org has a new manager ( since Nov 2020 ) and has sent a letter advising we are breaking the covenant by parking the commercial van and have 10 days to move it or they will proceed further. knowing the area well there have been commercial vans parked here at least 6 years plus

there are other covenants that are regularly broken ( ie no-one asks when they change Windows, satellite dishes hanging up , etc ) and nothing has ever been done about these

None of that makes any difference.

The covenant was in place. You would or should have known this on purchase.
They are now enforcing it, as is their right.

How big a van are we talking about, and is it signwritten?

You have three choices...
1. Talk to them like a sensible adult, and see if a mutually acceptable compromise can be reached.
2. Follow their request, and park the van elsewhere.
3. Dig your heels in and wait for it to go legal.

1 and 2 can be done in parallel.
A failure of 1 can be followed by 3.
Going from 3 to 1 is not going to work...

peppapig14

davidmcn said:

None of that further information changes the advice already given. You haven't clarified, but I presume your rights over the space are only what you quoted ie you don't own it? 

yes we own the parking space, and there are shared private parking spaces and the title deeds both are for 1 private car