Parking boats in neighborhood

Started by DonnieR • 14 replies • 1768 views

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DonnieR (Georgia)
Posts: 6

Posted:

Below is our covenant on file at the courthouse for parking. The board added the guideline at the the bottom that they could desiginate each yard as a desiginated parking place for boats, trailers. I don't think this is legal. It would destroy the character of our neighborhood.

Parking
Article 7 Section 5
Vehicles shall be parked only in appropriate parking spaces serving the Lot or other designated areas, if any.
The term vehicle as used herein, shall include, without limitation, motor homes, boats, trailers, motorcycles, mini-bikes, scooters, go-carts, golf-carts, trucks, campers, buses, vans and automobiles.
The term parking areas shall refer to the number of garage parking spaces and the spaces located in the driveway of the Lot.
All homes shall contain a garage; carports shall not be permitted.
Garage doors should be kept closed at all times, except during times of ingress and egress from the garage.
No vehicle may be left upon any portion of the community, except in a garage or other area designated by the Board, for a period longer than five (5) days if it is not licensed or if it is in a condition such that it is incapable of being operated upon public highways. After such five (5) day period, such vehicle may be removed from the community by the Board of Directors.
Any towed vehicle, boat, personal water craft, recreational vehicle, motor home, trailer, motorcycle, mini-bike, scooter, go-cart, golf-cart, commercial truck, camper, bus or mobile home regularly stored in the community or temporarily kept in the community, except if kept in a garage or other area designated by the Board, for periods longer than twenty-four (24) hours may be removed from the community by the Board of Directors.

Trailers Guidelines
Utility trailers and watercraft on trailers may be stored in good condition on the property in a location so that it is not visible from the street if you are standing in front of the center of the house.
The trailer may be located behind a fence or other approved vegetation or wall to screen the trailer from any street that passes by the property.
Trailers on the corner lots must be screened from both streets. Additional situations can be approved by the Board.

RogerB (Colorado)
Posts: 5,067

Posted:

Donnie, I agree with you on destroying the character of the neighborhood. However, your current Board does not appear to have that same value judgement. Their trailer guidelines are allowed by the CC&Rs by the phrase "or other area designated by the Board". Perhaps you wish get the members to back a change these guidelines. Changes to the guidelines can be done by this Board or a future Board.

JoanW1 (California)
Posts: 12

Posted:

Hi DonnieR: You state "the Board added" language pertaining to parking of boats, etc., but you do not say whether or not the residents were asked to vote on this change. If we make a change to our CC&R's or Bylaws, the residents must vote on the changes, and a majority must vote for the change before it can be implemented. We also have a "RV Lot" where our residents can park boats/trailers, Motor homes, etc., if the present proof of current license, insurance, and vehicle is in good working order. If your community has enough free land available, that might be a good idea to explore. Good luck!

DonnieR (Georgia)
Posts: 6

Posted:

Roger, I agree the board could desiginate a parking area for boats in the common area if we had space, but that is not the situation. They are saying that each lot in the neighborhood is now a desiginated parking area for boats and trailers. I don't think they can legally declare each lot designated parking area for vehicles prohibited on the lot by the CC&R's

RogerB (Colorado)
Posts: 5,067

Posted:

Donnie, you posted "Vehicles shall be parked only in appropriate parking spaces serving the Lot or other designated areas, if any." So why are you thinking that applies only to the common areas and not to the Lots?

DonnieR (Georgia)
Posts: 6

Posted:

Roger, you think the board has the authority to designate part of my yard as a parking place for boats. I don't the board can designate part my yard for a particular use to circumvent the CC&R's

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By DonnieR on 09/11/2007 12:41 PM
Roger, you think the board has the authority to designate part of my yard as a parking place for boats. I don't the board can designate part my yard for a particular use to circumvent the CC&R's

Based on what you have posted the answer is, yes the Board can pass a rule which will allow you to park your boat on your property if you so chose.

CharlesW1 (Georgia)
Posts: 826

Posted:

Quote:

DonnieR,

I maybe completely off base with my comments, but as I read the previously written posts, you have misconstrued what Roger and the governing documents state. (previous board added, legally or otherwise)

Perhaps I too am misinterpreting what you wrote. I would think that any lot owner could designate space on their property to have a boat, trailer, camper, golf cart etc. “IF” there isn’t common space that has been assigned by the previous board already (voted on by the members of the community) then that would also be an acceptable area to park.

I didn’t read any comments saying the YOU would allow any such vehicle to be parked on YOUR lot! You are 110% correct, that indeed wouldn’t make any sense what so ever.

That would be a serious problem if my neighbor parked their recreational vehicle on/in my lot.

Keep us posted.
I hope the information to receive will help you clarify the interpretation.

Good luck
Chuck W.

Charles E. Wafer Jr.

CharlesW1 (Georgia)
Posts: 826

Posted:

Quote:

Posted By RogerB on 09/11/2007 1:10 PM

Based on what you have posted the answer is, yes the Board can pass a rule which will allow you to park your boat on your property if you so chose.

DonnieR

I too would agree with RogerB’s advice. The very first sentence of the governing documents (you posted) clearly states what can be parked, where and for how long on any lot. “Vehicles shall be parked only in appropriate parking spaces serving the Lot or other designated areas, if any”

I would have to say that is one of the only governing documents I’ve ever read that is very clear, there isn’t much to misinterpret.

Please re-read what you have posted to verify that what you posted is indeed correct. This will help clarify any confusion.

Chuck W.

Charles E. Wafer Jr.

DonnieR (Georgia)
Posts: 6

Posted:

Trailers Guidelines
Utility trailers and watercraft on trailers may be stored in good condition on the property in a location so that it is not visible from the street if you are standing in front of the center of the house.
The trailer may be located behind a fence or other approved vegetation or wall to screen the trailer from any street that passes by the property.
Trailers on the corner lots must be screened from both streets. Additional situations can be approved by the Board.

The board added the above paragraph to the covenants and refer to them as guidelines and they think this creates a designated parking area on each lot for boats.

RogerB (Colorado)
Posts: 5,067

Posted:

Donnie, I think you may be confused. The Board can not amend the Covenants. However, they can establish these Guidelines (Rules and Regulations). They can not designate a parking area on your property; they can only allow (or not allow) you to park these items at the specified location upon meeting certain conditions.

DonnieR (Georgia)
Posts: 6

Posted:

I am not confused. The confusion started with your first quick reply of what I had asked. Below the covenants listed above are guideline/rules that the board enacted that allowed boats and trailers to be parked on each lot. They referred to this as other desiginated parking area, when I questioned their action. I know rules cannot contravene the covenants. My question. Can the board designate each lot as desiginated area for parking boats for the homeowner when the covenants state that the only parking on a lot is the driveway and garage. If you don't know, just forget it.

DonnieR (Georgia)
Posts: 6

Posted:

The boat issue will be taken care of. Decided to run for the board and correct the problem. Recruited 2 other residents, went door to door seeking proxy votes and now we are the board!!

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Donnie,
Good for you. I think? At risk, I hope you had better motivation than to settle a personal agenda.

I would be very interested in the story of how you managed to do the coup.
I am personally a big fan of folks that can say, "Oh crap, I guess if I want this done right I will just do it myself."

HOAs need these kind of people and less of those that are prone to bitch and moan. So, please give us a short rendition of how you garnered the support to make the change. Also let us know about the parking issue.

Thanks.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

DonnieR: I would suggest you also check with your local municipal office to learn what their codes are for usual residential areas.

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