The answer to this is, YES! Even though it is no where in our CC&R it has been made possible. I have lived in my home since 2017 and they crossed the line last year! I am in the Apache Junction Unified School District and the HOA of my neighborhood would rather preserve the road than make sure our children make it to and from school safely. My child has an IEP that clearly states hand to hand and curb to curb. I was told by the school and the HOA that this was not allowed. I had to walk my 4 year old to the 5 lane road that is extremely busy! The HOA president has a note on file that if the transportation department sends a school bus (special needs or not) down our two lane road, they would sue the school. Just to clarify, it is safe for our buses to come down our straight street. They are able to turn around in one of our three parking turn outs. The HOA CC&R says this in regards to the buses:
No buses vans, or trucks having a carrying capacity in excess of 3/4 tons or tucks that are designated for commercial purposes shall be parked, allowed, or maintained on any portions of the property.
As far as I know, we are not maintaining the buses! We are simply wanting our children to use the buses that we, the tax payers, have the rights to! Not only that, but we have 4 (YES FOUR!) garbage/recycling trucks that stop at each individual home. We also have the delivery trucks that come through.
From my understanding, you have to be a home owner in order to go to the HOA meetings (which should be changed!?) and most of the residents in my neighborhood of 85 homes are renters, especially those who have children. When will their voices be heard?
I have presented this case to our HOA board and they simply said it’s the rules. I do not believe it is in the rule book, or CC&R’s anywhere. Does anyone have any advice for me?!