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Subject: Exclusive Use
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Author Messages
LetA
(Nevada)

Posts:456


12/28/2017 11:26 AM  
Condos and gated single family homes have separate exclusive use rules pertaining to parking. Does exclusive use extend to on street parking
in gated communities?

I have a friend on another street who has a family member that is wheelchair bound, and it is much easier for him to park in front of his home to lower the
wheel chair ramp right on from the sidewalk that leads to his front door. The ticker here is there are no sidewalks in front of his house and a neighbor
always parks in front of his house and he has to stand his vehicle in the street to load with the wheelchair ramp.

There has always been this unwritten rule among neighbors that you don't park in front of someone else's house, is there any protection in gated private street
communities?
KerryL1
(California)

Posts:5376


12/28/2017 4:26 PM  
It looks to me LetA that you first need to see how "exclusive use" is defined in your CC&Rs. It doesn't seem you're defining it correctly if, in fact, you mean exclusive use common area.

How to help you neighbor? See if the Board will make a rule that permits those with a handicaps to park in front of their own homes. Perhaps, such areas could be somehow marked.

Meantime, I don't know who owns the streets.
TimM11


Posts:166


12/28/2017 6:37 PM  
If they have a disability hang tag for their vehicle, what about installing disability parking signs in front of their home? Of course, it wouldn't stop anyone else who had a hang tag, but it could prevent most people from parking there.
RichardP13
(California)

Posts:2734


12/28/2017 7:20 PM  
Why not parking in the driveway?
BenA2
(Texas)

Posts:521


12/28/2017 8:06 PM  
Usually the board can make rules for privately owned streets. One thing that some communities do is assign reserved spaces for people with disabilities. They might do it at your friend's expense as they generally are not required to make accomodations at the association's expense.
TimB4
(Virginia)

Posts:15823


12/28/2017 8:11 PM  
Posted By LetA on 12/28/2017 11:26 AM
Condos and gated single family homes have separate exclusive use rules pertaining to parking. Does exclusive use extend to on street parking
in gated communities?




I would have to say no.

However, the owner can make a reasonable accommodation request under the Fair Housing Act to strip off a parking area in front of his home and label it reserved. He would have to pay for it and, possibly, remove it when they sell or when the need is no longer required. My guess, $500 or so for such a job.


Tim
LetA
(Nevada)

Posts:456


12/28/2017 9:54 PM  
Posted By RichardP13 on 12/28/2017 7:20 PM
Why not parking in the driveway?




Let's just call it zero frontage, actually around 3 feet, at a slight incline.
LetA
(Nevada)

Posts:456


12/28/2017 9:57 PM  
Posted By KerryL1 on 12/28/2017 4:26 PM
It looks to me LetA that you first need to see how "exclusive use" is defined in your CC&Rs. It doesn't seem you're defining it correctly if, in fact, you mean exclusive use common area.

How to help you neighbor? See if the Board will make a rule that permits those with a handicaps to park in front of their own homes. Perhaps, such areas could be somehow marked.

Meantime, I don't know who owns the streets.




Tried that, and the board at the time or should I say puppet master aka the HOA manager immediately shot it down with nary an input from the actual board members.
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