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Subject: Can an HOA Board add stricter rules and regulations than the CC & R’s for parking on a public street?
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SallyS7
(Washington)

Posts:13


08/21/2019 2:30 AM  
Our original CC & R’s parking rules don’t mention public streets or Commercial Vehicles. Can the HOA Board add that verbiage into the new Rules & Regulations?

Original CC & R’s “parking of boats, trailers, motorcycles, trucks, truck/campers and like equipment shall not be allowed on any part of the Property, nor on the Common Area, excepting only within the confines of an enclosed garage and no portion of the same may project beyond the enclosed area except under such circumstances. All other parking of equipment shall be prohibited except in such areas, fully screened from public view, as may be approved in writing by the ARC.”
SallyS7
(Washington)

Posts:13


08/21/2019 2:40 AM  
New Rules and Restrictions:
“Work vehicles or equipment larger than a standard size pick-up truck or van may not be parked over night in the street or the front yard driveway of a home at anytime”. Then it references to see the CC & R that I mentioned above.
PestY


Posts:0


08/21/2019 4:57 AM  
The PUBLIC streets are NOT part of the HOA property.

The Covenants do NOT restrict parking thereon.

No, you may NOT make 'rules and regulations' restricting access/use to/of what y'all do NOT own beyond what may have CONTRACTUAL issues only binding MEMBERS of the association.

The BOD should stick to maintenance of the infrastructure and STOP trying to rule peoples lives beyond what was ORIGINALLY covenanted.
NpS
(Pennsylvania)

Posts:3865


08/21/2019 6:22 AM  
Are they asking the homeowners to vote on the new regulations?

Sikubali jukumu. Read all posts at your own risk.
PestY


Posts:0


08/21/2019 7:27 AM  
Makes no difference.

There can NOT be 'new regulations' outside of the Covenants regarding PUBLIC streets.

There 'could' be an amendment to the Covenants regarding CONTRACTUAL limitations which would only apply to members of the association.

Good luck with amending that (adding new restrictions) w/o 100% agreement after people have purchased in reliance of a contract.
NpS
(Pennsylvania)

Posts:3865


08/21/2019 7:48 AM  
It might make no difference to you John.

And it may be that 100% agreement would need to be reached.

So my question would appear to be relevant - Are they bringing this to a vote of the membership?

Sikubali jukumu. Read all posts at your own risk.
PestY


Posts:0


08/21/2019 9:13 AM  
No point in debating nuances

@ the OP:

NO

? Shall we wager ?

? meet in Las Vegas ?

I can cover $73,346.51
JohnC46
(South Carolina)

Posts:8827


08/21/2019 9:16 AM  
Sally

Covenants can be more restrictive because the owners agreed to abide by them. Classic example is local gov. say one can park overnight on the street. Covenant says no overnight street parking. Covenants prevail.

NpS
(Pennsylvania)

Posts:3865


08/21/2019 9:32 AM  
Posted By PestY on 08/21/2019 9:13 AM
No point in debating nuances

@ the OP:

NO

? Shall we wager ?

? meet in Las Vegas ?

I can cover $73,346.51



Vegas too hot.
Let's meet in Greenland.

Sikubali jukumu. Read all posts at your own risk.
NpS
(Pennsylvania)

Posts:3865


08/21/2019 9:33 AM  
Posted By PestY on 08/21/2019 9:13 AM
No point in debating nuances

@ the OP:

NO

? Shall we wager ?

? meet in Las Vegas ?

I can cover $73,346.51



Vegas too hot.
Let's meet in Greenland.

Sikubali jukumu. Read all posts at your own risk.
SallyS7
(Washington)

Posts:13


08/21/2019 9:43 AM  
No it was not voted on. It was added to the new Board Rules & Regulations not updated to the CC & R’s. In the minutes it does show that they post
a Rules and Regulations update notice to the local paper. Are public streets off limits for all states or do some states allow the HOA to control Public streets?
SueW6
(Michigan)

Posts:608


08/21/2019 9:50 AM  
Looks like the new rule just prevents work trucks from being parked anywhere on the HOA premises.

Other cars may park in the street, but not work trucks. Certain vehicles can be parked in the driveway, but not work trucks. The HOA is being more restrictive than the local municipality. I would call them to get their taje on that.
SallyS7
(Washington)

Posts:13


08/21/2019 9:58 AM  
Thank you for your response. Can Rules and Regulations be more restrictive than CC &R’s?
SallyS7
(Washington)

Posts:13


08/21/2019 10:01 AM  
My husbands work was contacted by the HOA because his work truck was parked on the public street not breaking city laws.
SueW6
(Michigan)

Posts:608


08/21/2019 11:39 AM  
Rules and Regs are usually Board passed. CCRs require a whole more to pass (membership approval).

The new Reg just adds to the CCR.

Call the local municipality and ask if an HOA parking rule trumps city laws. If so, the HOA can ask the police to ticket your husband’s truck. I doubt they will.
SueW6
(Michigan)

Posts:608


08/21/2019 11:39 AM  
Rules and Regs are usually Board passed. CCRs require a whole more to pass (membership approval).

The new Reg just adds to the CCR.

Call the local municipality and ask if an HOA parking rule trumps city laws. If so, the HOA can ask the police to ticket your husband’s truck. I doubt they will.
SallyS7
(Washington)

Posts:13


08/21/2019 11:44 AM  
Could the HOA still fine us and send us letters?
PestY


Posts:0


08/21/2019 12:22 PM  
NO

unless the covenant itself was changed


a COVENANT restriction may be applied against a HOA member


rules and regs only apply to HOA property unless the covenant specifically authorizes same
SallyS7
(Washington)

Posts:13


08/21/2019 12:44 PM  
Thank you. Do you if there’s anywhere I would be able to find verbiage that says this for my meeting tonight?
GenoS
(Florida)

Posts:3327


08/21/2019 12:47 PM  
Posted By SallyS7 on 08/21/2019 11:44 AM
Could the HOA still fine us and send us letters?

Whether or not they can fine you, I think sending letters to one's employer might be considered harrassment. Your husband's employer is not bound by any CC&Rs or Rules and trying to get him in trouble with his boss is just nasty and unwarranted.
PestY


Posts:0


08/21/2019 12:50 PM  
contract common law 101

since there is nothing in your Covenant restricting parking on the PUBLIC street ........

said covenant authorizes the BOD to adopt R&Rs governing COMMON HOA OWNED property

said covenant specifies how the covenant may be amended


any attempted 'work around' of the covenant could be successfully challenged in a court of law


y'all may need to dig in and get an attorney ... one versed in contract/hoa law, NOT real estate
NpS
(Pennsylvania)

Posts:3865


08/21/2019 1:05 PM  
Posted By SallyS7 on 08/21/2019 10:01 AM
My husbands work was contacted by the HOA because his work truck was parked on the public street not breaking city laws.


I find it bizarre that your HOA would contact the company about a parked truck.

If they knew it was a truck that your husband drove, why didn't they contact your husband.

If they didn't know who drove the truck, what right did they have to call about a company truck that was parked on a public street.

IMO, an HOA should never reach out to an employer. They seem oblivious to the harm they could cause.



Sikubali jukumu. Read all posts at your own risk.
JZ2
(Florida)

Posts:52


08/21/2019 1:05 PM  
Probably not, but you need to examine the relevant law in your state, the scope of the grant of authority in the CC&Rs to your Board to enact rules and regs, and the definition of "Property" in your CC&Rs.

You certainly can raise these issues at your Board meeting, but you should get a legal opinion from an attorney who is well-versed in community association law.
SheliaH
(Indiana)

Posts:2749


08/21/2019 1:10 PM  
You’ll have to check your Bylaws to see if the board can establish additional rules – usually, they can, as long as they don’t contradict the CCRs, and of course, HOA governing documents can be superseded by state or local law, depending on what’s being addressed and how. This is why I usually suggest Boards run any rule proposals by the association attorney before enacting them to avoid conflict. New rules also mean more enforcement, and if you’re going to enact them, best to put the odds in your favor of willing in case someone (like you) pushes back.

But first, some unpacking is in order. What’s the back story on prohibiting work vehicles? Have people expressed concern that some of them are too big for the streets and hinder traffic? Is parking already at a premium because the streets are too narrow and were built at a time when you didn’t have three+ car families? When you get several neighbors with 3+ cars, the ensuing numbers can cause some nasty arguments with everyone else. Maybe a majority of your neighbors feel work vehicles are too tacky to be seen all over the neighborhood (or perhaps one or two board members feel this way and pushed this through)?

And is there a reason you can’t put hubby’s truck in the garage? If you don’t have a work vehicle, it would seem one of the family cars could be placed outside and there wouldn’t be a problem.

What did the board say when you expressed your concern about all this? If you haven’t done so, why not? Go to a meeting and find out – from there, you can express some concerns and maybe volunteer to brainstorm some suggestions that make more sense.

Personally, I drive a work vehicle, but it’s a regular car, so no one knows or cares about it because it’s parking in front of my home and we do have some space. There are a few neighbors with work vehicles – one also has an attached trailer, but he’s pretty good about keeping them out of the way and I never heard any complaints about it during the 10 years I was on the board.

Then, as now, my concern would be traffic, people hogging up limited parking space with trucks and vans the size of those things you see at a demolition derby (which may also impede emergency vehicles getting to where they need to go), and the ensuing weight of bunches of cars, trucks and work vehicles wrecking the concrete, thus increasing the price and frequency of repairs (if these are city streets, the city may not be inclined to rush over and fix them quickly because they have to pay for other city services).
NpS
(Pennsylvania)

Posts:3865


08/21/2019 1:12 PM  
Posted By SallyS7 on 08/21/2019 2:40 AM
New Rules and Restrictions:
“Work vehicles or equipment larger than a standard size pick-up truck or van may not be parked over night in the street or the front yard driveway of a home at anytime”. Then it references to see the CC & R that I mentioned above.


This rule was not in place when you bought your home. The CC&R parking restriction addressed "property" and "common area" only --- Not public streets. Under the circumstances, they cannot make the proposed change without a homeowner vote.

They could claim that the new rule is a clarification of the old rule. But that doesn't cut it IMO because they are adding a restriction that didn't exist when you bought your house.

Sikubali jukumu. Read all posts at your own risk.
SallyS7
(Washington)

Posts:13


08/21/2019 1:24 PM  
His work was contacted 2 ways.

First, someone that claimed to be from the HOA called his employers “how’s my driving” national number. The call center employee then called a manager at his place of business. .

Second, a different driver from his place of business was contacted by his friend that worked for the HOA management company. That driver did not know who drove the van so he relayed the info to his driver boss, that driver boss then talked to my husband.
NpS
(Pennsylvania)

Posts:3865


08/21/2019 2:43 PM  
Posted By SallyS7 on 08/21/2019 1:24 PM
His work was contacted 2 ways.

First, someone that claimed to be from the HOA called his employers “how’s my driving” national number. The call center employee then called a manager at his place of business. .

Second, a different driver from his place of business was contacted by his friend that worked for the HOA management company. That driver did not know who drove the van so he relayed the info to his driver boss, that driver boss then talked to my husband.


If I was one of your neighbors, I would not be happy that your HOA was making calls like that.

Sikubali jukumu. Read all posts at your own risk.
SallyS7
(Washington)

Posts:13


08/21/2019 2:47 PM  
I’m having a hard time finding any Washington state laws on HOA’s.

The scope of the grant of authority
Bylaws: the Bylaws of the association as amended from time to time. The initial By laws shall be as adopted by the incorporating members of the Board of Trustees.

ARTICLE V. POWERS OF THE ASSOCIATION
In furtherance of said purposes, and subject to the approval of Members to the extent required by the Declarations and the remaining Project Documents, the Association shall have power to:
1. Adopt and amend bylaws, rules, and regulations.
2. Adopt and amend budgets for revenues, expenditures, and reserves
3. Impose and collect assessments for common expenses from owners.
4. Hire and discharge or contract with managing agents and other employees, agents,
and independent contractors.
5. Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more owners on matters affecting the homeowners' Association, but not on behalf of owners involved in disputes that are not the responsibility of the Association.
6. Make contracts and incur liabilities.
7. Regulate the use, maintenance, repair, replacement, and modification of common
areas.
8. Cause additional improvements to be made as a part of the common areas.
9. Acquire, hold, encumber, and convey in its own name any right, title, or interest to
real or personal property.
10. Grant easements, leases, licenses, and concessions through or over the common areas and petition for or consent to the vacation of streets and alleys.
11. Impose and collect any payments, fees, or charges for the use, rental, or operation of the common areas,
12. Impose and collect charges for late payments of assessments.

Property defined in CC & R’s:
The real property covered by this Declaration (including subsequent Phases when properly annexed), all easements, right and appurtenances belonging thereto, and all improvements erected or to be erected thereon.
PestY


Posts:0


08/21/2019 2:58 PM  
Posted By NpS on 08/21/2019 1:12 PM
Posted By SallyS7 on 08/21/2019 2:40 AM
New Rules and Restrictions:
“Work vehicles or equipment larger than a standard size pick-up truck or van may not be parked over night in the street or the front yard driveway of a home at anytime”. Then it references to see the CC & R that I mentioned above.


This rule was not in place when you bought your home. The CC&R parking restriction addressed "property" and "common area" only --- Not public streets. Under the circumstances, they cannot make the proposed change without a homeowner vote.

They could claim that the new rule is a clarification of the old rule. But that doesn't cut it IMO because they are adding a restriction that didn't exist when you bought your house.





PERFECT
PestY


Posts:0


08/21/2019 3:01 PM  
..... 7. Regulate the use, maintenance, repair, replacement, and modification of common
areas. .....


The public street is NOT, repeat NOT, a common area.

The crux of the issue.
JohnC46
(South Carolina)

Posts:8827


08/21/2019 4:53 PM  
Posted By PestY on 08/21/2019 3:01 PM
..... 7. Regulate the use, maintenance, repair, replacement, and modification of common
areas. .....


The public street is NOT, repeat NOT, a common area.

The crux of the issue.




PIA in SC nailed it. Rules and regulations cannot control non association property. Thy can only control association property.
SallyS7
(Washington)

Posts:13


08/21/2019 5:19 PM  
Thank you all so much for your help. I confirmed with the city today that the HOA has no jurisdictions on public streets . They also said it would be illegal for the HOA to have it towed and as long as we aren’t breaking any city laws the city can’t tow it. Hopefully this is leverage to get it in the driveway so we’re not blocking the city plows in the winter.
ND
(PA)

Posts:366


08/28/2019 10:04 AM  
Posted By SallyS7 on 08/21/2019 5:19 PM
. . . Hopefully this is leverage to get it in the driveway so we’re not blocking the city plows in the winter.



Important point . . . once the work truck is moved from public street to private driveway (which although likely owned by you is part of the of the HOA "Property"), their new rule will apply and you will likely be in violation if vehicle is not enclosed in garage.
RichardP13


Posts:0


08/28/2019 10:22 AM  
IF, the CCRs don't prohibit "commercial trucks", then they can include it in their "new" Rules and Regulations". If you read the OP's original post, the vehicles described are all recreational in nature. Prohibit a person's work vehicle is pure BS.
ND
(PA)

Posts:366


08/28/2019 11:08 AM  
Posted By RichardP13 on 08/28/2019 10:22 AM
IF, the CCRs don't prohibit "commercial trucks", then they can include it in their "new" Rules and Regulations". If you read the OP's original post, the vehicles described are all recreational in nature. Prohibit a person's work vehicle is pure BS.



Verbatim from the OP . . .
Posted By SallyS7 on 08/21/2019 2:30 AM
Original CC & R’s “parking of boats, trailers, motorcycles, trucks, truck/campers and like equipment shall not be allowed on any part of the Property, nor on the Common Area, excepting only within the confines of an enclosed garage and no portion of the same may project beyond the enclosed area except under such circumstances. All other parking of equipment shall be prohibited except in such areas, fully screened from public view, as may be approved in writing by the ARC.”




It states "trucks" which is open to interpretation (work, commercial, private, recreation, monster, etc.). Some people drive motorcycles as only form of transportation, making it not recreational. And the rules (original and new) are not prohibiting ownership or use of trucks or commercial vehicles, just that they must be parked in the garage.

I agree both rules are BS, just pointing out that on the public street, HOA has no say and can pound sand with their new rule. However, once moved to the driveway, the rule may apply and the HOA may try to enforce (seems like they are petty enough to wait for the opportunity to strike). But if truck or work vehicle is enclosed in a garage, there should be absolutely no issue.
SallyS7
(Washington)

Posts:13


08/28/2019 1:19 PM  
A neighbor also gifted us some white magnets to put over the logo so now it’s a personal vehicle. The Board is going to have to come up with dimensions or a weight limit to clarify the “standard” size. My guess is it will be difficult for them to exclude his van because many of the Board members have large trucks parked in their driveways.
JohnC46
(South Carolina)

Posts:8827


08/28/2019 2:16 PM  
In my last HOA we did not have size restrictions though we did have no commercial vehicles allowed in your driveway overnight and overnight street parking was not allowed. Some situations:

1. Two identical mini-vans. One had a door sign saying Airport Shuttle and a phone number. We ruled it commercial. They put a blank magnetic sign over it. No problem.

2. SUV with the name of a real estate company, agents name, and phone number on the back window. We ruled it commercial. They put a black vinyl piece over it. No problem.

3. Disgruntled owner challenged us on a SC Highway Patrol vehicle. Saying as it had signs on it, it was commercial. We made a R&R that safety vehicles do not count.

Each home at at least a two car garage and at least room for 4-6 vehicles in their driveway.

In my present HOA, some of the homes have no garages and driveways are smaller. We have no restrictions on commercial vehicles and we do not allow overnight street parking. We are kind of if it fits in your driveway, no problem.
SallyS7
(Washington)

Posts:13


08/28/2019 3:02 PM  
Thank you for the examples. Are your streets public and city maintained or privately owned and maintained by the HOA?
ND
(PA)

Posts:366


08/28/2019 6:55 PM  
John,

Curious to know of any differences noted in your old neighborhood (with heavy restrictions on 'commercial' vehicles) vs. new neighborhood (with no restrictions). Maybe the neighborhoods are apples and oranges as far as neighbor demographics, house prices, layout, etc. . . . or maybe they aren't. Just wondering what sort of overall feelings one way or the other were generated by the strictly-enforced rules vs. the lack of rules. Or is there a noticeable difference in home values and resale-ability one way or the other?

In your current HOA, are neighbors distraught over the handy-man's van parked overnight in the driveway; or the pickup truck with extension ladders mounted to the roof; or the *gasp* Uber/Lyft driver with their window decals? Or do people simply ignore it, go about with their own lives, and let others earn a living and do what they gotta do?
JohnC46
(South Carolina)

Posts:8827


08/29/2019 10:22 AM  
Sally and NP

Sally
Last HOA the streets were public but the Covenants said no overnight street parking and as one agreed to the Covenants they were not allowed to do so.

NP
Day and night difference in the two HOA's. First one was big houses (2500 to 4000 sq ft), a lot of young families, all the amenities one could think of, middle to upper management types, and many were social climbers. Each house had at least a 2 car garage and large driveways. They wanted an upper class environment so no crappy work trucks. Some had work vans but they went in the garage.

Present HOA are small patio homes (1100 to 1400sq ft) close together (20ft between sides). HOA does all outside maintenance so we draw those that do not want to do this due to age, busy, just do not want to do, not home all the time, etc. Not all homes have garages and most driveways can fit only two cars. Typical owners are older and blue collars types along with a goodly amount of 35 to 60 year old single men and woman. The size of our homes do not make for having families and as we have no amenities this adds up to we get few young families. We have the occasional work trucks but as most of our people are single, they want their own car so the work truck stays at work.

My bottom line is understand the Covenants, Bylaws, R&R's, etc. and either accept them and live within them or move on down the road. I for one will enforce what we can.
SallyS7
(Washington)

Posts:13


08/29/2019 10:44 AM  
Thank you for the reply. I have no issue living in an HOA. I have lived in one for 23 years now. I do however have a problem when the HOA is overstepping their authority. Our CC&R’s have no Commercial automobile verbiage or street verbiage. They do have “road” verbiage which is defined as “private streets” within the CC & R. We do have private streets within our HOA but the roads around our home are not private. The new Rules and Regulations made by the Board now include “streets” and “commercial vehicles larger than standard size”. This creates confusion because it’s a blanket updated Rules and Regulations that addresses 3 different developments with 3 different CC&R’s under the same HOA umbrella. After our last Board meeting with the Board members and management company it is clear they are a hot mess. None of them know the legal things, none of them know the differences between the 3 different CC&R’s that all fall under the same management umbrella. Fortunately for myself and my husband we did know OUR CC&R’s which is why we are questioning it. The “accept them and live with them or move down the road” argument is frustrating. CC & R are just as much of a protection to those of us calling out when the Board and/or management company steps over their authority.
JohnC46
(South Carolina)

Posts:8827


08/29/2019 12:46 PM  
Sally

It is an old trick of BOD's to make R&R's that fly in the face of Covenants, Bylaws, etc. R&R's cannot override Covenants/Bylaws, they can only clarify them.

Examples:

If there never was a Covenant that prohibited commercial vehicles from being parked in your driveway overnight then one cannot add an R&R prohibiting parking of such.

If there is a Covenant that prohibited commercial vehicles from being parked in your driveway overnight then one can make R&R's clarifying/defining what constitutes a commercial vehicle. A near impossible task by the way.
FredD4
(North Carolina)

Posts:2


09/11/2019 9:34 PM  
Boy, what bad information there is here sometimes. Please don't listen to the people stating their opinion as fact. Don't listen to me either, do research by searching all the forums here as well as on the internet. Pay a qualified real-estate attorney who specializes in HOA law with something like this. There are so many important things that can completely change the answer.

From all the sections of your documents that were posted, it looks like proper authority to levy fines, pass rules, etc. were in the bylaws. That is very important. Next, you look at the CC&Rs. They should have a statement along the lines of "run with the land" and be properly filed with the register of deeds in your county. That is important too or you can get out of things on a technicality.

You "agreed" to the covenants simply by buying in the neighborhood and under the law, public street or not, you agree to not park there. That is why there are HOAs to start with, it is an agreement among the parties to behave within a set of rules. That's what makes us civilized ;) Next, you need to check your state. Some states have had court cases regarding whether DOT rules can supersede an HOA rule about parking on a PUBLIC street (not one maintained by the HOA, in which case you are SOL). In the small number of states that have had court cases about this, some states have ruled in favor of the HOA and some not.

Lastly, Rules and Regulations add to the CC&Rs and most certainly can be more strict than what is in the CC&Rs. Maybe they didn't think about someone parking a 6 ton bucket truck in the street. Maybe dogs are a problem and they want to limit the number of dogs or where you can walk them. Maybe nobody could predict 20 years ago that people would have drones and want to fly them over your backyard pool to catch you sunbathing naked. It is not just about clarifications, a board CAN institute new restrictions. In the hierarchy of things (federal, state, bylaws, covenants, rules...) rules carry the least weight in court. But as long as the board followed the by-laws in voting on a new rule, which usually requires notifying the residents and seeking opinion and waiting a certain period of time before passing the rule into "law", they are usually enforceable. Or at least the burden would be on you to have to fight it. Since it is just a rule and not in the covenants, a new board can change the rule again. That's one reason people vote; to get a board more favorable to them. And that's why some HOAs change the covenants (which usually requires a lot of work to get 51-75% of the homeowners to vote depending on by-laws and state law) so that it is more difficult for different boards to keep changing rules back and forth and to give it more teeth as far as a judge would be concerned.
PestY


Posts:0


09/12/2019 5:02 AM  
..... Lastly, Rules and Regulations add to the CC&Rs and most certainly can be more strict than what is in the CC&Rs. .....



Absolutely, positively hogwash.



COVENANTS AND THE COURTS

This case contained a discussion about what a covenant is and how the courts interpret them. While this is a case from NC, I have seen similar thoughts expressed in cases from other states. The text reads:

“The word covenant means a binding agreement or compact benefiting both covenanting parties. Covenants accompanying the purchase of real property are contracts which create private incorporeal rights, meaning non-possessory rights held by the seller, a third-party, or a group of people, to use or limit the use of the purchased property. Judicial enforcement of a covenant will occur as it would in an action for enforcement of any other valid contractual relationship. Thus, judicial enforcement of a restrictive covenant is appropriate at the summary judgment stage unless a material issue of fact exists as to the validity of the contract, the effect of the covenant on the unimpaired enjoyment of the estate, or the existence of a provision that is contrary to the public interest.

“While the intentions of the parties to restrictive covenants ordinarily control the construction of the covenants, such covenants are not favored by the law, and they will be strictly construed to the end that all ambiguities will be resolved in favor of the unrestrained use of land. The rule of strict construction is grounded in sound considerations of public policy: It is in the best interests of society that the free and unrestricted use and enjoyment of land be encouraged to its fullest extent.

The law looks with disfavor upon covenants restricting the free use of property. As a consequence, the law declares that nothing can be read into a restrictive covenant enlarging its meaning beyond what its language plainly and unmistakably imports.

“Covenants restricting the use of property are to be strictly construed against limitation on use, and will not be enforced unless clear and unambiguous. This is in accord with general principles of contract law, that the terms of a contract must be sufficiently definite that a court can enforce them. Accordingly, courts will not enforce restrictive covenants that are so vague that they do not provide guidance to the court.Unless the covenants set out a specialized meaning, the language of a restrictive covenant is interpreted by using its ordinary meaning
.

“Wein II, LLC v. Porter, 198 N.C.App. 472, 479–80, 683 S.E.2d 707, 712–13 (2009) (emphasis added) (citations, quotation marks, ellipses, and brackets omitted).”
FredD4
(North Carolina)

Posts:2


09/12/2019 6:03 AM  
Sorry PestY, guess we will have to disagree. Are you an HOA Attorney? You just sound like someone who doesn't like HOAs and let confirmation bias support your opinions. But I like "hogwash", which seems appropriate talking about NC since we are in the top 5 of pork producing states ;)

First, you are quoting NC law which is fairly unfriendly to HOAs. Second, you misinterpret the case. A rule is an agreement, just like the covenants, but holds less weight in court. We aren't talking about "enlarging" the meaning of a covenant or reading into it, we are talking about a separate rule created that can be made "clear and unambiguous" and is agreed to by default after presented for consideration with ample time for dissent and voted on by the board according to its bylaws. The two main things to keep in mind are A. Nothing is certain when it comes to an outcome of a court case either way, no matter how we might think it is "open and shut". You are at the mercy of the human biases of a judge, despite what either of us believes to be law, and B. You would have to sue to find out, wouldn't you? So I'm not saying a board should engage in overreach, but they can create a rule and the burden is on you to oust the board to get the rule changed, or sue at great expense of time and money and hope you win.
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Forums > Homeowner Association > HOA Discussions > Can an HOA Board add stricter rules and regulations than the CC & R’s for parking on a public street?



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