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PeggyH
(South Carolina)
Posts:36
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| 02/07/2008 8:15 AM |
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We have a homeowner in our Association that has 3 or 4 vehicles parked in his driveway or front yard that don't have license plates on them, he puts a Dealer plate on one when he wants to drive it. At this point we don't have a by-law that states no vehicles allowed with out license plates, we are looking into developing one. But how would we be able word it as to stop this person from just switching plates to each veh every few days. We do have something in our CC&R's that state "No dwelling shall be utilized for any activity normally conducted as a business.
Any help or suggestions on this is greatly appreciated, we have several neighbors that have been complaining about them, and we'd like to resolve the problem for them. |
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GeraldT4
Posts:932
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| 02/07/2008 8:35 AM |
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| PeggyH - The dwelling (house) is not the same as the property (area where the cars are parked) so that cc&r won't apply to your current situation. The Board can develop reasonable rules and regulations. The rule to develop is not one that targets the license plates. The rule to develop is no parking of vehicles, equipment, or placement of toilets, on front yards. If the owner has enough room in the driveway to park 3 or 4 vehicles, and isn't encumbering upon street parking, than why should anyone care. |
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BradP
(Kansas)
Posts:1742
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| 02/07/2008 8:37 AM |
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Peggy:
In our area the police consider a vehicle abandoned if it does not have license plates on it or current registration. Maybe put something in there about that and define abandoned as a vehicle that does not display a license plate or have current registration.
If they want to house non registered vehicles then put them in the garage.
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DonnaS
(Tennessee)
Posts:2792
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| 02/07/2008 8:59 AM |
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Gerald,
I know where Peggy is going with this. It looks like a "used car lot" and that is not giving an impression of a single family property. We had a guy who had 5 cars in the driveway, with a 3 car garage full of just junk. Our covs say that no resident is allowed to "Block" the walkways because it impede the residents from having clear access to the sidewalks. Kids on bikes and Moms with strollers had to walk onto the streets to get around the cars.
I guess that my point is that all of the extra cars do not make a community look any better, which is always a struggle to keep . Of course he has the right to use his driveway unless there are restrictions on parking of vehicles--which we do have. But when you do not have them, then ther are always this kind of situation until you can get some .
What I have found thru this site is that there are 2 kinds of association/ living conditions that all of us HOA's, POA's and COA's live in. The ones that are loosly controlled with lots of freeer restrictions and the ones that have stricter controls.
Each one serves it's purpose and some people would never, ever consider tight controls while some are perfectly fine with knowing what is expected of them daily. It is different for all of us.
Those who do not like the control, should accept the fact that some of us do live that way and are okay with it, should not to be criticized with Rules and Documents that are firm and strict. We still are scrutinizing over an issue on another post. Let us be less judgemental on these issues because NONE IS MORE RIGHT OR WRONG, JUST DIFFERENT.
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DonnaS
(Tennessee)
Posts:2792
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| 02/07/2008 9:10 AM |
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GERALD, This was NOT directed at you, I just like pushing "reply" on your name.  |
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PaulM
(Pennsylvania)
Posts:1347
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| 02/07/2008 12:15 PM |
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PeggyH: If you really want to clean up abandoned vehicles from your assn. to learn if they are indeed registered vehicles and suitable for use, then seek out the advice from the local police. If you were in a neighborhood situation and your neighbor was parking unlicensed vehicles, you probably would seek counsel from the police anyway. No different with an HOA.
The problem is with the vehicles themselves, and whether they have current inspection stickers, license plates and legal/current registrations with DMV.
This is a situation for police and DMV.
Your bylaw statement should address registered vehicles with current inspection stickers (rather than "vehicles without license plates...").
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DonnaS
(Tennessee)
Posts:2792
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| 02/07/2008 12:18 PM |
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Peggy,
From your original post, it sounds like this guy is a car dealer as you stated that he just puts dealer plates on them as he drives them. Is that the case? |
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MicheleD
(Kentucky)
Posts:1675
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| 02/07/2008 12:35 PM |
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Our HOA doesn't take precedence over local zoning restrictions, and local zoning restrictions do not allow any vehicle without a license plate to be parked in any portion of one's lot except a garage.
Our local zoning restrictions also limit the number of cars allowed on any lot and even specify lot size and the maximum number of cars allowed AND that those vehicles need to be parked on a SOLID surface, such as concrete or asphalt. Grass, dirt and gravel are not acceptable.
If the homeowner's have issues with it, they can take it up with the City when they go get their vehicles out of the impound lot.
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PeggyH
(South Carolina)
Posts:36
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| 02/07/2008 1:57 PM |
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| Yes, what I have been told by his neighbors he is a dealer. |
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PaulM
(Pennsylvania)
Posts:1347
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| 02/07/2008 2:22 PM |
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PeggyH: Then he is running a car business which may be against your community's dictates.
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BrianB
(California)
Posts:1732
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| 02/07/2008 6:22 PM |
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first, i agree with the poster that your city codes may already cover this. If not, then wording to the effect that all vehicles parked on property must be licensed and registered correctly.
secondly, i would be VERY careful trying to use the regulation you have against any activity normally done as a business. I still have not heard yet how any HOA plans to prevent home based businesses legally and fairly, when i can write novels from my home, telecommute to work from my home, design web pages from my home, sell on ebay or run an entire web based business from my home, do accounting or tax preparation from my home, and NOT be sanctioned under the rule.
If your rule is no home based businesses, you better be ready for answering some tough questions from the person who's business you are trying to shut down, regarding all the businesses his neighbors are running. |
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ShawnaF
(Colorado)
Posts:84
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| 02/07/2008 7:40 PM |
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| I also wouldn't go after license plates since that's a state thing to regulate - plus he obviously has a special dealer plate which allows him to do what he's doing via state laws. Deal with parking in your docs but be careful that the driveway doesn't become street parking (and consider who owns and controls streets.) |
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| You are not authorized to post a reply. |
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