HOA CCRs vs. local codes

Howard,

Maybe this will help you.

Recreational Vehicles
QUESTION: The language in my CC&Rs states that "there will be no RV parking on the public street within the development". Can the HOA control public street parking?

ANSWER: Yes. Even though local ordinances may allow RV parking on public streets, such ordinances do not invalidate private restrictions unless the ordinance specifically provides otherwise. Your CC&Rs are recorded covenants (promises) made by each owner to the other owners and to the association. If the owners covenant not to park their RVs on streets within the community or adjacent to it, the promise can be enforced by the other owners or the association or both.

Restrictions. Associations cannot restrict the general public but it can restrict the actions of its members, and members' family, guest, and invitees. That is the nature of living in a common interest development. If the CC&Rs restrict parking, and owners buy into the development, such owners automatically become members of the association and are bound by the association's restrictions.

Reasonableness. By statute, restrictions are fully enforceable if they are reasonable. Civil Code §1354(a). The reasoning behind parking restrictions is to preserve property values by regulating aesthetics. A number of cases have recognized the authority of governmental entities to control "visual blight." The cases specifically dealt with the right to restrict the parking of recreational vehicles, motor homes, trailers, boats, commercial vehicles, inoperable vehicles, and the like. Such reasoning extends to community associations.

Read more: RVs & Motor Homes http://www.davis-stirling.com/MainMenu/MainIndex/RVsMotorHomes/tabid/1532/Default.aspx#ixzz1467TixsY
from Davis-Stirling.com by Adams Kessler PLC

good advice here, tim summed it up. I believe courts have ruled (but don't quote me) that since it is a contractual agreement between private parties (the HOA and the Owner/Buyer), that yes, the HOA can restrict 'activities" on public streets. It would be no different than if I signed a contract with my company to purchase and drive only Ford vehicles, or only Pick up trucks.

It's a contract. It's enforceable, in the absence of any issues that would make the contract illegal.

My recommendation would be to check your local city codes if the streets are considered as public property. Our city has very strict codes concerning parking of RV's on the street and in driveways. I just wish these same codes would apply to our gated community HOA. In our CC&R's we have a statement concerning not allowing RV's, boats, non-registered/non-inspected vehicles to be parked at a residence at all. However, in trying to enforce the CC&R our laywer determined the referenced paragraph in the CC&R was not enforceable, therefore, a homeowner could keep their non-registered/non-inspected vehicle in their driveway. The local city Marshall's office tried to assist us also, but the most they could do was put a door knob hanger notice on their door. The owner replied to the Marshall's office with a "keep your nose out of our business"! We have even tried to get a contract with a local towing company, but they will not discuss anything formal without a statement in our HOA documents stating we have the authority to tow. I just wish we could only use the city codes, as things would be a lot less complicated for the HOA board in dealing with residents. As the president, I sure get tired of getting down on my knees to beg an owner to do anything.

Mary -- that sounds like a perfect HOA world -- but this one is not! The majority of our bylaws were written so they are unforceable. Therefore, that is why we can only send the resident a notification letter asking them to correct what is wrong. We can point a rifle at the occupant, but all we have loaded is blanks! We have a set of HOA documents that cannot be modified since a change requires approval of 100% of the homeowners, approval by all mortgage companies, and approval by the VA. The documents will never expire as they just keep being automatically renewed.

Yes, we have already consulted our attorney on this subject. They are the ones that have indicated our CC&R's were written very loose and have not enforcement of any kind. This leads back to the "Mother May I" clause!