FMCA Insights
A Success Story
By Max Durbin, F76454
Chairman, Governmental And Legislative Affairs Committee
Occasionally we learn that an FMCA member has successfully
dealt with and resolved a motorhome parking rights problem. These situations
make good object lessons for the rest of us. One such case has just been brought
to a favorable conclusion, and I believe it needs to be shared. I will tell the
story much as it was presented to me over the years.
In the mid-1990s Ralph and Annette Lund, F112863, decided they
would soon retire. They owned a home in New York where they were able to park
their motorhome on the property. Their dream was to find a suitable residence in
the Southeast, preferably near the seacoast, where they could park their
motorhome nearby during the winter and return to New York for the summer.
As the Lunds investigated various residential communities that
met their criteria, they became aware of a national company's development in
South Carolina. This company had a good reputation based on its projects in
several different states. Both Ralph and Annette liked the climate and the area,
so they examined the project thoroughly.
It was a brand-new undertaking, with the sales office located
in a trailer on the site. The complex was being constructed in the form of a
community unit development (condominium/community association).
Ralph asked a salesperson whether there would be a place to
park and store motorhomes within the complex. The salesperson didn't have an
immediate answer, but the next day Ralph was told that an RV parking lot
dedicated to that purpose would be available, although the specific RV storage
site might change as the complex continued to be developed.
Ralph wasn't overly
concerned, because they had a New York prospectus that detailed the offering,
and they had obtained it prior to making their down payment. The prospectus
mentioned a parking area for the storage of recreational vehicles. Based on
these assurances, the couple proceeded with their lot purchase and ordered the
construction of a home.
When the new winter home was finished, the Lunds took up
residence and parked their motorhome in a nearby RV park's storage area. When
they discussed the matter with their sales representative, they were told that
the complex's RV storage lot was forthcoming.
Some time later (more than a
year), upon the urging of other RV and boat owners, the developer completed a
storage lot for the residents. Upon the owners making a nominal payment to the
community association, the manager gave out keys to resident RV owners so that
they could gain access to the lot and park their equipment.
The parking spaces were not marked, and as a result, the lot
was poorly utilized. The management of the community association asked the
people using the lot to move their equipment so the area could be properly
marked off, thus creating more space for the vehicles.
During a meeting, the RV
owners discovered that no employee had RV lot experience to do this work, so the
group organized the talents of various members who used their experience to mark
the parking spaces and then manage the lot. This work was done by volunteers.
The project manager had estimated that the actual on-site work would require
four days, but because Ralph's coworker, Scotty Eisele, F145593, had the project
so well organized, it was done in four hours.
Approximately 25 residents who owned boats and RVs decided to
form a club. These people knew that as a group they could achieve more with the
developer than they could as individuals.
Sure enough, shortly after this, the general manager of the
development notified the RV owners that the land available for parking RVs
probably would be eliminated prior to completion of the project because of the
construction of houses on the site. The general manager suggested that RV owners
find privately owned RV parking facilities in nearby communities.
Ralph and his fellow RV owners' club members
protested vigorously. Ralph and Scotty were told by the second general manager
(general managers changed several times in the period of this story) that the
developer never had any intention of providing a permanent RV storage site, but
they might look around for a piece of land nearby that might work for this
purpose. Shortly afterward, this manager was replaced.
It was at this point early in 2000 that Ralph contacted FMCA
for advice and assistance. After I consulted with him, Ralph notified the
development's general manager that the brochures distributed in New York
mentioned that on-site parking of recreational vehicles would be available.
A
former salesperson who had since retired was asked to write a letter explaining
how, during the first month of sales, the general manager had told sales
associates words they could use to assure their clients that a permanent site
probably would be in place prior to the first resident moving in. In addition,
the Lunds' sales representative, also no longer working at the development, was
still in the area and able to give a statement verifying that the information
provided by this letter was correct.
The club collected 30 individual letters from resident RV
and/or boat owners stating that their salesperson had told them that a permanent
storage lot would be made available for their equipment. They also obtained a
letter written to a resident RV owner from the first general manager noting that
a permanent RV storage lot would be part of the property.
At about this time, the developer replaced that general
manager with an individual who flatly denied that the developer ever had any
intention of providing the parking. Ralph and Scotty furnished him with the
proof they had obtained. He did promise to bring the matter to the attention of
the corporate board. This he did do, and he announced at a property owners'
meeting that the developer was going to build a new permanent boat and RV
storage lot. It was uncertain as to when this would be done, but surely by 2002.
Shortly afterward, this manager was replaced.
The current manager arrived, and in a meeting with Ralph and
Scotty he also noted that the developer never intended to build a permanent
parking lot for the boats and RVs. They then provided him with their materials
with statements to the contrary, and the manager said he would get back to them.
Meanwhile, Ralph and Scotty decided to work with the community
association to solve these and other RV and boat issues in the development.
Their suggestions, accepted by the community association, were presented to the
RV club members. The RVers voted that Ralph and Scotty should continue to be the
voice of the RV club, and they (the membership) would not interfere or negotiate
individually with the community association on RV parking matters.
Ralph, Scotty, and other colleagues in the RV club decided to
attend a meeting of all the complex owners to try to gain more backing in their
quest for a permanent RV parking site. At this point they found substantial
resistance on the part of many of the non-RV owners. It seemed that some owners
had objected to the parking of motorhomes and boats in front of their homes.
Some objected that empty parking lots were used for RV parking. It was apparent
that help from other residents was not going to be available.
All of the
association representatives Ralph talked to agreed that if the developer had
proceeded with the RV parking lot project as promised by the former project
manager, the necessary support would have been forthcoming.
Members of the RV club were undaunted and renewed their
discussions with the current general manager about the need for the dedicated RV
parking area. Shortly after this general meeting of the owners, the general
manager notified Ralph and Scotty that the corporate board had authorized the
construction of several parking sites for the use of visitors to the community.
This property would be part of the amenities of the complex, managed by the boat
and RV club, subject to the control of the community association, but owned by
the project developer.
Although excited about the announcement, Ralph and his
colleagues were again frustrated because of the length of time necessary to
prepare the land and construct the site. The club was asked to help with the
design, and the project became one of cooperation between the developer and the
club members. Most of the suggestions were accepted to save construction costs
and to assure quality, upscale parking.
The developer agreed to include six
spaces with sewer, water, and 50-amp hookups at a reasonable price, to be paid
by visiting travelers, whether they were guests of residents or the sales
center. A 70-foot-long covered wash station for RVs and boats was to be
constructed. Boat sites would have electricity available to charge trolling
motor batteries, and electric power would be provided every 100 feet to charge
RV batteries. A central sewer dump station also was included in the plans.
During this time details were worked out as to how visitors to the complex were
to be handled, as well as the allocation of parking spots for the resident RV
owners.
Ultimately a site was selected, cleared, leveled,
constructed, and enclosed by a chain-link fence. Several weeks after the first
RV moved into the parking lot, the developer transferred ownership of this
property to the community association, thus assuring the owners of a permanent
amenity for the community.
These events occurred over a period of approximately nine
years. That it reached a successful conclusion can be attributed only to the
determination of Ralph and Annette Lund; Scotty Eisele; and the boat and RV
club. The Lunds' persistence and refusal to accept "no"; their ability to
overcome adversity; and their willingness to spend the needed time and energy
paid off. Not only were they able to achieve their goal of having a permanent
storage site for their motorhome, but they also made certain that it was
available for their fellow RV club members.
For the past several years Ralph has been a volunteer on the
Governmental and Legislative Affairs subcommittee, which was created to support
FMCA members needing assistance in parking rights cases. He is an inspiration to
us all, and as a result of his efforts he has been asked to head up this
subcommittee's activities in South Carolina.
It is well-known that Family Motor Coach Association is a
member-owned organization, which utilizes volunteers in many of its endeavors.
Ralph, Annette, and Scotty accomplished the successes in this story as
volunteers.
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