QUESTION

Does an HOA have the right to prohibit motorcycles in the community even though they refuse to give copy of bylaws to prospective buyers?

Asked on Sep 07th, 2017 on Residential Real Estate - New Jersey
More details to this question:
My husband and I purchased a home in a gated adult community. We drove in with a realtor to the open house and decided to make an offer. We called the office of Lake Ridge and told them we had made an offer on a house and would like to see a copy of the bylaws. We were told they do not give the bylaws to anyone other than members of the community. After we closed on the house and we're moving in, we were told there were no motorcycles allowed. The community used to allow them but changed the law around five years ago. There is one small sign, maybe 8X10 near the guard booth stating no motorcycles. As this community is gated we only were able to go into the community that one time with the realtor and didn't notice the sign. We have been paying to store our motorcycles for two years now and really feel this is unfair as they would not allow viewing of bylaws prior to purchase. Do we have a case to be able to bring our bikes in?
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1 ANSWER

Divorce Attorney serving Warren, NJ at Zohn & Zohn, L.L.P.
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What do the bylaws actually say? The seller should have given you a copy of the bylaws before the closing. Not all bylaws provisions are legal; I don't see why properly licensed motorcycles should be prohibited, since they don't inhibit anyone else's use of the property. Edward Zohn, Attorney at Law, 908.791.0312
Answered on Sep 11th, 2017 at 5:08 AM

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