If I own property at a camping resort with no permanent structuresand a neighbor installed mobile home and lives there year round, how do I request removal?

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If I own property at a camping resort with no permanent structuresand a neighbor installed mobile home and lives there year round, how do I request removal?

The resort in question has by-laws which specifically state no permanent structures. It wouldn’t bother me as much, except that now when we camp there, we are essentially camping in someone else’s back yard. The intent of the property was clearly outlined as recreation property only. Utilities are cutoff from fall to summer. I’m just not sure where to start. I called the president of the association who said it was “too expensive to fight”.

Asked on June 11, 2012 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may be able to sue to enforce the by-laws, as a party to the agreement/contract with the resort under which the by-laws are promulgated. For example, you may be able to sue the association, seeking a court order against them requiring them to enforce the by-laws. Alternately, if the assocation would be willing to take action but for the cost, one option is for you and them to both take action againist the infringing neighbor, with you footing the legal bill. The first step in ascertaining what to do is to take a copy of the bylaws and any/all agreements with the resort and association, including any deeds, to an attorney to review with you; the precise language of the documents will be critical to determining your rights. One issue: what constitutes a "permanent" structure, and is a mobile home one?


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