Parking enforcement
My HOA is siting me for parking on the street sighting the below CC&R article.
3.16 Vehicles and Parking. Any and all motor vehicles not prohibited by the provisions hereofshall be stored in a garage so as to conceal the same from view from adjoining Lots or from the street or public way, except that vehicles (other than recreational vehicles, commercial vehicles, motorhomes, campers, trailers, boats and similar vehicles, as provided below) may be parked upon the driveway surfaces ofeach Lot when there are more cars on a Lot thanthenumberofgaragesconstructedthereon. Parkingandlorstoringofrecreationalvehicles, commercial vehicles, motorhomes, campers, trailers, boats and similar vehicles is prohibited on all portions of the Property unless such vehicles are not Visible From Neighboring Property or are otherwise pennitted pursuant to the Design Guidelines. Such vehicles may be parked on the parking area of an Owner’s Lot for purposes of loading or unloading, but may only be Visible From Neighboring Property for short periods of time. The use or occupancy of a recreational vehicle, motorhome, van, camper, trailer, or boat as living quarters on either a temporary or pennanent basis is strictly prohibited on any portion ofthe Property. At no time shall there be any outside storage of motor vehicles in stages of construction, reconstruction, modification or rebuilding of parts of motor vehicles such as frames, bodies, .engines or other parts or accessories.
Am I missing something? I see nothing above that states I can not park on the street?
Thanks for your help
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Any advice on this issue would be greatly appreciated. Thanks in advance.
Spencer,
Is there any reason that you cannot park your car on your driveway? While I agree that the CC&R provision does not mention any restriction of parking on the streets. But I’m only looking at one provision totally out of context of the rest of the document. Many associations then generate rules separate from the declaration, are their provisions in your association rules relative to parking on the streets? Do the streets belong to the association or the local municipality? That is very important because if the streets are common property the association is allowed to establish any rules they like on the use or protection of the common property, even if not specified in the CC&R’s. Parking is always a hot button issue in both HOA’s and Condominiums. For your case look to your governing documents as a whole for the guidance that you need. The only statutory relief that you have is if the streets are owned by the municipality in that case if the CC&R’s are amended for any reason after December 31 2014, then the association has no authority to regulate the streets in any way. If you have no other guidance in your community documents and try to challenge the street parking ban based on this provision the courts could rule against you on the basis that the provision could reasonably be implied that parking on the driveway was the only allowed parking outside of the garage. I’m not saying you would definitely lose this case but court have drawn conclusion based on the declaration as a whole as to reasonable intent over and above a specific provision.
Dennis
Thanks for the reply Dennis,
As far as I know the streets are owned by the municipality. I can not find any other rules that regulate or address street parking. The violation notice I received only states that I am in violation of the above stated CC&R article.