Parking Due Process

Hi HOATalk! I'm new to the site. I've already used the search but was unable to read any discussions for my situation. If I missed it and someone can provide me a link, then I don't mind reading up on it myself.

Problem:
My neighbor and his guests are sometimes blocking a portion my driveway with their vehicle thus not allowing me to enter/exit my property. It's a 2 car driveway with one vehicle being blocked in. The blocking occurs because the neighbors driveway pad is not large enough to support a vehicle. The vehicle blocking will be extending out of the driveway into the firelane which then blocks a portion of my driveway.

This behavior has been happening on & off since 2005. I've already had verbal discussions several times(including recently), several warning letters from the HOA sent to his residence and even fining of $100 twice(which he paid). I've tried to be patient and understanding but it is quite a frustration to not be able to enter/leave my own driveway without going to the neighbor to ask him to move a vehicle. This has even turned into an argument sometimes.

Another problem is that the neighbor is running 2 home businesses(limo, photo) with his office in the garage. He has a 2 car garage which houses his office/demo area and does not park vehicles in it.

This HOA has the standard rules. Vehicles must be parked in the garage. Do not park in the firelane, etc... I've asked the PM to send a fine letter with the invitation to attend the next meeting to discuss.

How does due process work in this situation? The homeowner is violating several community rules by not parking in the garage, parking a vehicle in the driveway that doesnt fit on the cement pad, having a vehicle extend out into the firelane and blocking someone's driveway. This homeowner has already been fined and paid those fines twice already. Can fining just take place now that this is a repeat offense? If not, does a fine/meeting notice have to be sent out everytime he blocks my driveway?

The parking is private and not monitored by the city. Towing is an option but I have not done that(I am on the authorized list) since most of the vehicles are his clients. I'd hate to tow a client since the homeowner is the one responsible for his guests. Also towing could lead to some sort of confrontation since the tow truck noise would be heard from the garage definitely bringing the owner and guest outside.

Anyone have any ideas? If you have any questions I missed, please let me know.

thanks,
Walter

And what does your documents say about operating a business from your home? Especially since he is using the garage for that purpose, and thus unable to park his vehicles in there, while also causing increased traffic with his customers. To me, the HOA should be pursuing that, and in so doing would eliminate your problem.
There have been quite a few discussions here about home businesses. Most agree that ones that do not cause outward problems are o.k., but ones drawing customers with increased traffic, and in your case blocking driveways is a no no. In fact, most cities do not allow parking that blocks driveways, so why would your HOA tolerate it? Harold

Have any of the violation letters mentioned towing? You may have to resort to towing, or at least threat of towing. You are quite frustrated by not being able to enter/leave your own driveway without going to the neighbor to ask him to move a vehicle, the neighbors and clients could be inconvenienced by having to rescue vehicles from the tow truck the problem may stop. However, a nasty confrontation is always possible. You might want to have the manager or another board member call the tow company. The association should be dealing with this.

Make sure everything complies with Section 22658 of the California Vehicle Code.
Jane

Thank you for all the suggestions.

I will look into the CCR's, municipal codes and such. For now, the HOA will be sending a letter and assessing fine(with a meeting notice to dispute). The PM seems timid in persuing the home business aspect as she believes that could be singling him out from other households.

WalterH1: I am surprised that "The PM seems timid in persuing the home business aspect as she believes that could be singling him out from other households." What does she mean by that? Singling him out because there are other households who also run a home business but they have not been 'notified'... or singling him out because he is in violation ???

You need to do 2 things. 1) Go in person to learn what the municipal codes state for running a home business, also what your own docs state for same since this is the reason for the multiple cars in the driveway and you can't fit yours; 2) Learn what role/responsibilities the PM has according to the contract. And...I just thought of 3) if she acts unprofessional in other matters, look for another PM.