Does This Parking Restriction Seem Contradictory?

Started by LuanneF • 10 replies • 1489 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

LuanneF (Florida)
Posts: 8

Posted:

We live in a small HOA equestrian community of 31 10-acre parcels. We have lived there 5 years and the parking restriction has never been enforced, but someone new moved in and now wants to enforce it. The wording in paragraph 1 and 2 seem to contradict each other. What do you think? The wording is as follows:

"Each owner shall provide for parking of at least two (2) automobiles off streets and roads on its lot prior to the occupancy of the owner's lot. Subject to the terms of this Section, there shall be no outside storage or parking on a lot or within any portion of the Common Area of any automobile, van, boat or other water craft, mobile home, trailers, exluding horse trailers, motor home, trucks in excess of 1.5 ton, commercial vehicles of any type, motorized go-cart, all-terrain vehicles (ATVs) or any other related form of transportation devices. The above forms of transportation shall only be parked, stored, and/or repaired in an enclosed garage or accessory structure.

Vehicles shall be parked only within lots on paved surfaces or designated areas, shall not block sidewalks, bike paths, or trails."

MaryA1 (Arizona)
Posts: 388

Posted:

Luanne,

I see no contradiction. The restriction is saying that there must be parking space for at least 2 vehicles on the lot, in a designated and paved area. The vehicles listed cannot be parked on a lot but rather must be stored or parked in an enclosed garage or other type structure.

BrianB (California)
Posts: 2,820

Posted:

i am with Mary, i see no contradiction between paragraphs. however, for the life of me this morning, I can't figure out the second paragraph entirely.

There shall be no outside storage or parking of a cars, trucks, and most trailers, but then it excludes horse trailers, RV's, motor homes, big trucks, and ATVs from that rule. But then, the next sentence seems to say that all of the above listed forms have to be kept inside. But, horse trailers, motor homes, etc. were excluded from having to be inside in the first sentence. But the second sentence says they aren't.

The more i read, the more i think this is badly written, or the punctuation is wrong somewhere.

"there shall be no outside storage or parking on a lot or within any portion of the Common Area of any automobile, van, boat or other water craft, mobile home, trailers, exluding horse trailers, motor home, trucks in excess of 1.5 ton, commercial vehicles of any type, motorized go-cart, all-terrain vehicles (ATVs) or any other related form of transportation devices. The above forms of transportation shall only be parked, stored, and/or repaired in an enclosed garage or accessory structure."

LuanneF (Florida)
Posts: 8

Posted:

The wording and punctuation are as written in the declaration. Note that it makes no distinction between owner and guest parking. So if I interpret it "as written", guests have to park in a garage also. Parking isn't allowed on the streets either.

BrianB (California)
Posts: 2,820

Posted:

the only difference is that guests never agreed to the covenents, and thus, can't be bound by them.

there may be other rules they could be bound by (if the streets are private, and said rules are given prior to entry by guests, for example), but the covenents are a contract between the owner of the property and the HOA.

MaryA1 (Arizona)
Posts: 388

Posted:

Brian,

Au Contrare! Many, if not most,CCRs say "members and their guests". Although a guest hasn't agreed to the contract they must abide by the rules. It's up to the member to make certain of this otherwise they may be on the receiving end of a violation notice.

TimB4 (Tennessee)
Posts: 21,062

Posted:

I concur with others. It could have been written clearer, but it is not contradictory.

BrianB (California)
Posts: 2,820

Posted:

Mary, i think we might be arguing the same side of the coin, but if i drove into some random HOA, and violated one of their rules, there is not much they can do to me, from a contract side. I never signed a contract. What are they going to do, fine me? they can't foreclose on my home. Granted, they could fine the owner who had me as a guest, but they have litle legal binding on me, other than standard legal stuff, granted by the state/county/city, etc. (trespassing, etc.) (unless it is established upon my entry/use of the HOA).

that's what I mean when i say that the HOA has no contract with guests, unless they create one prior to entry. And those that do mention guests have little 'power' as an HOA over the guests themselves, through contract law, because there is no contract. They can kick me out for trespassing or creating a nuisance, but those are greater than HOA legal issues.

The standard recourse, even when HOA's mention "guests", is through the owner who signed the contract. that's who the HOA can hold liable/penalize/tort/sue.

For instance, my HOA forbids off-road vehicles on our private roads. Should an owner be caught, we can (in theory) fine them, etc... they broke the contract. But if John Doe and his son Jim drive up from the city, all we can do is tell them to leave, or contact the Sheriff, and have them removed for trespassing. If we find that John Doe is a guest of an owner, we can 'punish' the owner, but we really have nothing much in our bag of tricks as an HOA, except trespass laws, etc..

MaryA1 (Arizona)
Posts: 388

Posted:

Brian,

If you just drive through an HOA community, you are not a guest of anyone and, I agree, the HOA cannot fine you for parking on the street. A guest is someone who has been invited to a member's home and they are bound by the same restrictions as the member himself, that is IF the CCRs say "members and guests". And, yes, I agree that it's the member who receives the violation notice and applicable fine.

And, yes, I do agree that we are on the same page except that IMO there is a big difference between being a guest of a member or just someone coming uninvited into the community and you seem to think otherwise.

BrianB (California)
Posts: 2,820

Posted:

Quote:

Posted By MaryA1 on 11/11/2010 6:54 AM
Brian,
And, yes, I do agree that we are on the same page except that IMO there is a big difference between being a guest of a member or just someone coming uninvited into the community and you seem to think otherwise.

Probably because we are thinking of very different types of HOA's in our minds, based on our different experiences (with HOAs) in life. You have one image when you think of this issue, and it probably isn't the one I have in mind...

Does yours have a yellow house on the corner, with a big tree in the back yard?

MaryA1 (Arizona)
Posts: 388

Posted:

Brian,

Nope, no yellow houses in my HOA but there are alot of big trees in back yards. You must be thinking of another Mary! BTW, if your image of HOAs isn't the same as mine, then yours must be skewed. LOL (You know I'm joking, right?)

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here