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CC&R’s

Below is HOA CC&R for parking. First by this language can they now enforce no parking of any kind in community? Second, based on wording at end of post, can the Association make a decision NOT to either inforce it or impose any rules.

Parking. It is the intent of the Declarant to eliminate on-street parking at Xxxxxxx as much as possible. Vehicles shall be kept in garages, carports, residential driveways, other designated parking areas or as required in a Recorded Tract Declaration. No parking is permitted on any street within Xxxxxx which is designated on the Recorded Map of Dedication for Xxxxxxx . The Association may adopt specific rules regulating parking within Xxxxxxxx (which rules may include fines or assessments for their violation).

1 Response

  1. dennisl

    Paul,

    The association has the right to create whatever rules they want relative to this provision and how they will enforce those rules. Once they create the rules they must comply with their rules, if however they chose not to create rules or a devise method on how they will enforce this provision of the declaration than no rules exist and parking is permitted. The association has discretion on the creation and enforcement of rules they simply have to treat all members fairly and consistency. If they enforce for one they must enforce for all. With the same being true for the opposite condition.
    Dennis

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