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JillC (California)
Posts: 26
Posted:
If the board is amending the CCR'S in a California HOA do they have to give 30 days notice to the meeting? We were given around 25 days.I questioned the management company and the response I got was that "30 days is an option" I see where they have to give 30 days for an election. Is a special meeting for a amendment change election require the same 30 days?

Also the amendment states "parking restrictions No commercial vehicle owned by a resident of XXXXX project shall be parked in a resident's driveway or on the private streets within the project. Such resident-owned commercial vehicles must be parked behind a fence or in the garage of the resident"

Question: As stated above what if the vehicle is owned by a corporation? would that fall into the owned by a resident or not?
Thanks for your help
HaroldS (Arizona)
Posts: 906
Posted:
You need to check your Davis/Sterling act for time required for notification of a meeting to change CC&Rs.
The amendment you mentioned is poorly written if the commercial vehicle has to be "owned" by the resident to be excluded, but one owned by a nonresiden (a company) would not. I don't believe a judge would find that a "reasonable" rule if it were taken to court. Harold
PaulM (Pennsylvania)
Posts: 1,347
Posted:
JillC: ..."parking restrictions No commercial vehicle owned by a resident of XXXXX project shall be parked in a resident's driveway or on the private streets within the project.

For all intents and purposes, 'owned by a resident' could clearly mean "used by a resident", whether the resident has use of a 'company car', or rents a car--if the car is 'commercial' with advertising/lettering, your docs state it must be parked behind a fence or in the garage, in other words, out of sight.

It is not unusual for an association to require commercial vehicles to be out of sight and this site is full of other posts w/concerns like yours.
CharlesW1 (Georgia)
Posts: 826
Posted:
Quote:
Posted By PaulM on 12/04/2007 5:25 AM
JillC: ..."parking restrictions No commercial vehicle owned by a resident of XXXXX project shall be parked in a resident's driveway or on the private streets within the project.

For all intents and purposes, 'owned by a resident' could clearly mean "used by a resident", whether the resident has use of a 'company car', or rents a car--if the car is 'commercial' with advertising/lettering, your docs state it must be parked behind a fence or in the garage, in other words, out of sight.

It is not unusual for an association to require commercial vehicles to be out of sight and this site is full of other posts w/concerns like yours.

PaulM

I fully recognize that your interpretation is one of “common” wording however, it is never the less, still WRONG! IMO

COME ON ARE YOU SERIOUS WITH YOUR POST? You’re totally contradicting yourself by saying could clearly, LIKE THE WORDS “BUT” OR “IF”, THOSE WORDS CHANGE THE ENTIRE MEANING OF THE SENTENCE!

I know what you’re saying, it certainly is frowned upon in many (if not all) associations. Unfortunately, the majority of governing documents aren’t writing in black or white, they are intentionally written so they “COULD” be interpreted differently.

IMO, I strongly feel that the covenant should be legally revised, immediately.
---------------------------------------------------------------------------------------“JillC: ..."parking restrictions No commercial vehicle(s) operated by a resident of XXXXX project shall be parked in a resident's driveway or on the private streets within the project.”

Chuck W.

Charles E. Wafer Jr.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jill,
This is what we rewrote when we amended the CC&Rs after "turnover"

PROHIBITED VEHICLES-----COMMERCIAL VEHICLES, VEHICLES WITH COMMERCIAL WRITING ON THEIR EXTERIORS, VEHICLES PRIMARILY USED OR DESIGNED FOR COMMERCIAL PURPOSES, TRACTORS, MOBILE HOMES, RECREATIONAL VEHICLES, TRAILERS EITHER WITH OR WITHOUT WHEELS, CAMPERS, CAMPER TRAILERS, BOATS AND OTHER WATERCRAFT,BOAT TRAILERS AND GOLF CARTS, SHALL BE PARKED ONLY IN ENCLOSED GARAGES OR IN A COMMON PARKING AREA (IF ANY) DESIGNATED BY THE ASSOCIATION. STORED VEHICLES AND VEHICLES WHICH ARE OBVIOUSLY INOPERABLE OR DO NOT HAVE A CURRENT OPERATING LICENSE SHALL NOT BE PERMITTED WITHIN THE COMMUNITY EXCEPT WITHIN ENCLOSED GARAGES.
FOR PURPOSES HEREOF, A VEHICLE SHALL BE CONSIDERED "STORED" IF IT IS UP ON BLOCKS, OR COVERED WITH A TARPAULIN AND REMAINS ON BLOCKS OR SO COVERED FOR 7 DAYS WITHOUT PRIOR APPROVAL OF THE BOD. NOTWITHSTANDING THE FOREGOING, SERVICE AND DELIVERY VEHICLES MAY BE PARKED IN THE DRIVEWAY OF A LOT DURING DAYLIGHT HOURS AS IS NESCESSARY TO PROVIDE SERVICE OR TO MAKE A DELIVERY TO THE LOT. ANY VEHICLE THAT IS PARKED IN VIOLATION TO THIS PARAGRAPH, MAY BE TOWED BY THE BOD AT THE OWNERS EXPENSE.

We think that it covers just about everything concerning commercial vehicles.
JillC (California)
Posts: 26
Posted:
Thanks for all imput. In California, Commercial vehicles also include most pickup trucks. The board does not clarify or define what is what but do say "all CA Vehicles apply"

The boards changes do not state anything about wording or graphics on a vehicle. So the meaning so unclear.

Jill
PaulM (Pennsylvania)
Posts: 1,347
Posted:
JillC: Your question stated..."what if the vehicle is owned by a corporation? would that fall into the owned by a resident or not?"

...and I answered, it doesn't matter who owns the vehicle; leased, rented, or otherwise--if the commercial vehicle is being used/and parked by a member of the association, the CC&Rs clearly state it must be parked behind a fence or in the garage of the resident.

IMO, the word 'owned' should be changed to 'used'--and as an fyi...
- commercial vehicle should be defined in your documents since there are many descriptions of what a commercial vehicle can be.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Jill,
That's why you need to make it clear. Ours does not limit pickup trucks because we as an association, went to court about them. $65, 000 later, we had to allow them. You need to get everything written down clearly as to what are allowed and --HOPE-- that your membership passes it.

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