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Changing CC&R parking rules

Our community CC&Rs prohibit any parking on the street.
The community is 13 years old.
Street parking prohibitions rules in the CC&R have never been enforced.
Can the new board do anything short of changing the CC&Rs to permit overnight street parking?
The previous board passed resolutions that allow RV parking for purposes of loading/unloading. The CC&R prohibited RV parking.

1 Response

  1. DennisL

    Dennis,

    I’d have to see the exact language contained in your CC&R’s to answer this precisely, but the board does have enforcement and rulemaking discretion as long as they ack reasonably in doing so. The resolution relative to loading and unloading is an example of such enforcement discretion. Do the streets belong to the HOA or the city? Your CC&R’s were recorded prior to the law (December 2014) that restricts HOA from regulating parking on city streets so that does not apply to you. Next the configuration of your streets would have to come into play relative to overnight parking. Can emergency vehicles access the streets at night if cars are parked on both sides? what if they are only parked on one side. While this would be a reduction of restrictions there are many issues and concerns that arise from allowing overnight parking or street parking in general that simply should not be decided by the board alone. A CC&R change would be the most appropriate approach to addressing that issue. That way the members of the community get to decide the issue via a supermajority of voters.

    Dennis

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