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Subject: "Overnight Parking"

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RonaldW
(South Carolina)

Posts:900

10/07/2007 2:08 PM
Our documents make several references to "overnight parking". No overnight parking on the streets or lawns, no overnight parking of trailers, boats, RVs, etc. There is no specific definition of "overnight". There are also members working shift work who don't keep the same schedule as most folks. If your association has similar language, how do you define "overnight parking"? And while we're at it, we have one member who is constantly in trouble with the ACC for various violations or near violations. His driveway is barely wide enough for three vehicles so he often parks one or both of the outside vehicles with one set of wheels on the driveway and one set on the lawn. Opinions - is this a violation if it's parked this way overnight? Or is it being overly picky?

Ron SC

PaulM
(Pennsylvania)

Posts:1347

10/07/2007 3:08 PM
RonaldW: No overnight parking, IMO, is what is stated, no parking overnight--nighttime hours vs. daytime hours. But, you really have to read beyond the words themselves. Overnight implies that for one who works normal day hours and once he is settled 'in for the night' his vehicle will be unattended and should not be parked on the street due to a possible safety hazard. To enforce this then, you also have to have at your disposal other overnight parking area/s within the community to encourage no overnight street parking. By the way, is daytime street parking allowed? This matter also brings up the issue of the driveway itself and how many cars can be parked comfortably; that's why for a community to be a 'single family residence' parking areas must be adequate to allow for overflow of guests, visitors vehicles. For the resident who has 3 cars, is his driveway the same size as all the others? Would he be able to widen his driveway just a 'smidge' to allow his third car or would this be a no-no and against your regulations? Things are not so cut and dried, not so black and white, and we should be constantly challenged to review our community's regulations to ensure they are indeed just, fair and reasonable.

RonaldW
(South Carolina)

Posts:900

10/07/2007 3:46 PM
Posted By PaulM on 10/07/2007 3:08 PM RonaldW: No overnight parking, IMO, is what is stated, no parking overnight--nighttime hours vs. daytime hours. But, you really have to read beyond the words themselves. Overnight implies that for one who works normal day hours and once he is settled 'in for the night' his vehicle will be unattended and should not be parked on the street due to a possible safety hazard. To enforce this then, you also have to have at your disposal other overnight parking area/s within the community to encourage no overnight street parking. By the way, is daytime street parking allowed? This matter also brings up the issue of the driveway itself and how many cars can be parked comfortably; that's why for a community to be a 'single family residence' parking areas must be adequate to allow for overflow of guests, visitors vehicles. For the resident who has 3 cars, is his driveway the same size as all the others? Would he be able to widen his driveway just a 'smidge' to allow his third car or would this be a no-no and against your regulations? Things are not so cut and dried, not so black and white, and we should be constantly challenged to review our community's regulations to ensure they are indeed just, fair and reasonable. Street parking is permitted in the daytime. There are no parking areas other than private driveways and the streets. The owner of the too narrow driveway in question could request permission to widen his driveway and it would be granted. He hasn't asked. He just has lower expectations and standards than most of the other owners. Each owner either designed and built his or her own home or bought one from someone who did so if the driveway or garage is inadequate for their use, it is not the fault or concern of the HOA. There is currently a limit of three cars parked in the driveway and we are persuing an amendment to raise this to four. The problem with the language "overnight parking" is that it is subjective, not objective. If we observe a vehicle parked at 10:00 PM and again at 5:00 AM, we consider that "overnight" but what if it's parked at 2:00 AM and stays until 10:00 AM ? See where I'm going with this? And suppose the owner claims that the vehicle was not parked overnight, that they went out for cigarettes and came back and parked in the same spot? In order to be fair, things do need to be pretty much "black and white", otherwise there's the accusation of favoring our friends or only enforcing certain covenants.

Ron SC

HaroldS
(Arizona)

Posts:904

10/07/2007 8:14 PM
Ron - I am curious: what is the purpose of no overnight parking, while day time parking is o.k.? As you've proved, it is a can of worms to interpret, and requires night time inspections to enforce. In your example, if someone spots a car on the street at 10 p.m. and it's still there at 5 a.m. - who is that lucky soul who has this inspection duty? If I got home from work at 1 or 2 a.m. and parked in the street, who is going to monitor that? That's only 3 or 4 hours parking if 5 a.m. is your cutoff. What if people have overnight guests and their own vehicles fill the driveway? I don't envy you this problem. Harold

PaulM
(Pennsylvania)

Posts:1347

10/08/2007 4:55 AM
RonSC: "...Street parking is permitted in the daytime. There are no parking areas other than private driveways and the streets." If street parking is permitted in the daytime, why not overnight? What is the reason for no parking overnight in the street? And, with no other designated parking area but their own driveway and the street, where do you wish the overflow to park? For a rule to be followed by residents, and for the Board to enforce, your community has to provide an option for the resident/guest to use another 'allowable parking area'. Otherwise the rule is unreasonable.

RonaldW
(South Carolina)

Posts:900

10/10/2007 6:42 AM
Harold and Paul, It's not a question of "purpose" or "why", it's in the Declaration of Easements and Restrictions. Been there from the beginning. Since 1989. It would take a 75% vote of the membership to change it. Is it a "good" restriction? I believe it is, the streets are narrow and some are curved. It could be difficult for emergency vehicles to get through and very difficult for many residents to exit their driveways with cars parked across from them. All the owners either designed and built their houses or purched one from someone who did so parking should not be a problem. Nearly all have two or three car garages as well as driveways so in theory, they can park six or more vehicles and not park on the street. Limiting parking is one of the few legal ways to limit the number of people living in a home. It puts a serious restriction on the person whou would allow their home to be used as a rooming house. In any event, it's already a restriction, no point in discussing why, just "how".

Ron SC

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