Van Nuys, CA asked in Uncategorized for California

Q: My name is Daryl my question is .. Is a boat a r.v

I live in a senior citizen mobile home park for over 10 years for the last six years I've had my boat part in my driveway under the awning and now the new owners who just bought the part say I can't have a recreational vehicle. My boat is a 19 foot bayliner that I use all year long

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1 Lawyer Answer

A: What a great question. Seems obvious, unless of course, you are the owners of a Mobile Home park, and you want to force your will on the occupants. So, the Vehicle Code defines "Vehicle" (of course) as: 670. A “vehicle” is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. So, the Boat is not a Vehicle, because it does not move on the Highway. The Health and Safety Code defines a "Recreational Vehicle" as: 18010. “Recreational vehicle” means both of the following: (a) A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria: ....... (b) A park trailer, as defined in Section 18009.3. So, neither your great Bayliner nor its trailer are RV's. You need an attorney to write these owners a letter setting them straight, then you can expect that they will change the rules to prohibit the parking of your boat on your space. There is an attorney in OC named Richard Spix who may be able to assist you but fighting with these park owners can be expensive.

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