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Subject: Rules and Regulations
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WilliamT
(Arizona)

Posts:489


07/12/2006 2:16 PM  
As I understand it, Rules and Regulations are meant to fill in the gaps of the CC&R's, where there is nothing mentioned to deal with certain situations, and Rules shall not be in conflict with the Covenents.

Therefore, if the CC&R's state "no parking on the streets; parking shall be in garages, driveways, or designated parking areas", then would a Rule such as this be in conflict with the covenents?

" Vehicles of owners, employees, guests are to be kept in garages, driveways of the owner, and designated parking area whenever such facilities are sufficient to accommodate the number of vehicles."

It seems this may be in conflict because it leaves the owner the option to fill up a 3 car garage with storage, have 3 cars and park two of them on the street, because his facility is not sufficient to accommodate the number of vehicles.

I would like to get others interpretations of this.

Thanks,

Bill

BradP
(Kansas)

Posts:2640


07/12/2006 3:56 PM  
Bill:

That is how I read it.
GeraldT1


Posts:0


07/12/2006 4:17 PM  
WilliamT,

The owner does not have the option to park any cars on the street. That is how I'd interprete the bottom line. So if the owner decides to fill up the garage, there's only two options being the designated parking area or the driveway. If you quoted the second rule exactly including the comma after "owner" I'd say that the line "whenever such facilities are sufficient...." only applies to the designated parking area and that facilities does not mean garages or driveways.

However, if there is argument to negate my interpretations than I'd still say the owner must first fill the driveway with cars prior to parking any in a desginated parking area or the street.

It seems to me the rule was developed with the intention to minimize overnight or permanent parking on the street and in other parking areas so as to accomodate visitors and street safety. If this intention is not being satisfied because some choose to not park their cars in garages, or driveways, or jockey their cars to do so, than the rule must be updated so as to satisfy the intention of your HOA parking situation.

My HOA roadways only permit parking on one side of the roadway for fire and safety vehicle accomodations plus "technically" there is no overnight parking on streets and now overnight parking in snowstorms.

GeraldT1

BradP
(Kansas)

Posts:2640


07/12/2006 5:43 PM  
Gerald:

I interpreted the bottom line to say that once the garage and driveway is filled then they can park on the street. The fuzzy part on that is what is considered a full garage. What if you have some boxes or something taking up one or two parking spots in your garage, does that give you the right to have the chain reaction to the street once the driveway is full?
WilliamT
(Arizona)

Posts:489


07/12/2006 5:46 PM  
Thanks for the replies.

I should have printed the actual wording for the CC&R's.

Here is the CC&R wording:

"It is the intent of this Declaration to prevent parking of vehicles on the private streets. All vehicles will be parked in garages, drives or in designated parking areas."


Here is the Rules exact wording and punctuation:

" Vehicles of owners, employees, guests are to be kept in garages, driveways of the owner, and designated parking area whenever such facilities are sufficient to accommodate the number of vehicles."

So as I read it again, it seems that both are saying the same thing and the Rules enlarge on it. No parking in the streets. It would be next to impossible to have vendors park in the driveways. They'll always park in the street out of courtesy to the owner, and that's fine. So will guests when they have a party, and that's fine.

What is happening is that our board is not enforcing this rule at all.

There is another covenent that prohibits parking of boats, trailers, or any vehicle over 3/4 ton in sight of the street. It must be in the side yard, or in the garage. The board does enforce that rule.

Consequently, there are many homes that park their cars on the street instead of the driveway or garage. Because the streets are fairly narrow, they will park with two tires up on the sidewalk. It's a sloped curb. Our concrete sidewalks are supposed to last a very long time but with cars parking on them, they will cause problems.

I'm afraid that one day someone who is parking a boat on the street will confront the board with the fact that they are not enforcing the rules fairly. That they turn their backs on cars parking on the street.

Other board members don't want to address this issue, but I feel we should enforce the rules equally.

Bill
WilliamT
(Arizona)

Posts:489


07/12/2006 5:51 PM  
Posted By BradP on 07/12/2006 5:43 PM

Gerald:

I interpreted the bottom line to say that once the garage and driveway is filled then they can park on the street. The fuzzy part on that is what is considered a full garage. What if you have some boxes or something taking up one or two parking spots in your garage, does that give you the right to have the chain reaction to the street once the driveway is full?


I believe our Master HOA CC&R's (we are a sub-association) says that no more than one of your garage bays may be made unusuable by a car. Most of our garages are 3 car. So everyone would be able to park 2 cars in the garage, and two or 3 in the driveway.

I'm not sure what happens if you have more than 4 or 5 cars, and you are not close to the few designated parking areas. But I would think that very few of the people have more cars than that.

Bill

BrianB
(California)

Posts:2820


07/12/2006 7:23 PM  
If your streets are private, it seems to me that your interpretation is correct. no parking on streets. in our HOA, the streets are city owned. and, by definition, they are legal parking spots. we have similar CC&R's, but because the city as included streets as "designated parking areas", we cannot stop folks from doing so.

GeraldT1


Posts:0


07/13/2006 5:20 AM  
BradP,

No parking on the streets, that's "technically" the bottom line. The rest of William's HOA rules seem to present a hierarchy based upon availability.

GeraldT1
WilliamT
(Arizona)

Posts:489


07/13/2006 7:33 AM  
Yes, our streets are private.

Thanks,

Bill
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Forums > Homeowner Association > HOA Discussions > Rules and Regulations



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