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KarenT (Washington)
Posts: 250
Posted:
Our HOA has a private road and the CCR's specifically state "no parking of any kind shall be allowed on the roadway". The issue is that the BOD made 2 exceptions. 1) To allow one (1) car for each residence to park on the roadway. 2) For the two houses at the entrance to also park one additional car but they cannot be parked at the entrance nor can they block another homeowners driveway. Keep in mind the entire subdivision has only 12 houses. Little background - one of the houses was the original house in this area (on the historic register because it was an old train station) and it does not have a driveway or a garage (no choice but to park on the road) or they have to park out in front of the subdivision. The second house at the entrance has a tandem garage and is "inconvenient" (they don't like to move one car out of the way so they don't park in the garage just the driveway.

The initial reason for the "no parking" on the roadway was the fire code and the width of the road for emergency vehicle access. We could put up "fire lane, no parking" signs, and have the fire department fine those vehicles, but instead opted to send out notices, then fines, then finally towing. The BOd is now enforcing the one (1) vehicle and imposing fines and finally towing. Everyone is mad at everyone - the renter (the house with the tandem garage is a rental) says the owner didn't tell them until the day before about the parking. This tenant has lived in the house since May and the owner wouldn't let us talk to the tenant because of another matter but told us he told the tenant about the one (1) car rule. The first no parking sign went up in September and the renter still parks more than one car onn the roadway.

Now the snow if flying and the road must be plowed, notices were sent out to all homeowners that all vehicles must be removed from the road when it snows. Yes, they can still park there, but need to remove the car so the snow plow can plow. The notice stated any vehicle left would be towed without notice. We also posted a new sign from a towing company. The renter who keeps parking more than one car on the roadway left a vehicle there for 2 days and the snow plow had to go around it so it was towed. The renter is more than peeved! She used some very colorful 4 letter words because she says we should have talked to her before towing and we told her the owner told us not to talk to her under any circumstances and that we had asked the owner for the 3rd time to have the cars moved. Today, the plows came (yes after she was told last night to move it - this was after paying a $400.00 towing bill) and the car was still there. The car was plowed in. The towing company could not come because someone took both no parking signs down and we have not posted a new sign.

Only 1 or 2 of the homeowners understand and comprehend the reasons for the no parking - the others think the BOD is too harsh and making it a huge issue causing animosity. The reasons are: access for all homeowners by not blocking the entrance or their individual driveways, allowing for emergency vehicle access, utility vehicle access such as the trash truck, ability for the snow plow to remove the snow without restricting the roadway for all the above.

The problem is the BOD can't get this across? Anyone have any suggestions?

BrianB (California)
Posts: 2,820
Posted:
keep doing what you are doing. put the towing signs back up. keep communicating with the owners. I personally would send a similar notice/newsletter to the renter at their house just to try to keep the communication open, but i wouldn't sweat if it didn't make it. the board's obligation is to follow the rules, and do what they need to do to enforce the rules.

the renter knows the rules by now. so do the owners. just keep plowing ahead.

and watch your next signs, i bet they disappear too.
GlenL (Ohio)
Posts: 5,491
Posted:
Karen, IMHO the BOD was 100% wrong in this matter and will get the HOA spanked if any member with common sense ever takes them to court over it. THE BOD CANNOT WRITE A RULE THAT OVERTURNS OR VOIDS A COVENANT, IF THEY WANT TO ALLOW ON STREET PARKING THEN THEY NEED TO CHANGE THE COVENANT.

Studies show that 5 out of 4 people have problems with fractions
KarenT (Washington)
Posts: 250
Posted:
Quote:
Posted By GlenL on 11/27/2010 1:45 AM
Karen, IMHO the BOD was 100% wrong in this matter and will get the HOA spanked if any member with common sense ever takes them to court over it. THE BOD CANNOT WRITE A RULE THAT OVERTURNS OR VOIDS A COVENANT, IF THEY WANT TO ALLOW ON STREET PARKING THEN THEY NEED TO CHANGE THE COVENANT.

I know, I tried to tell them this but again we are dealing with extremely uneducated people who don't think HOA needs a BOD - that the entire membership should be allowed to make and enforce the rules and that the property management firm should be the one to make the decisions. SIGH!

We believe the person who removed the signs may have been the tenant, but we also think the newest neighbor who has only lived in Washington State for 1 1/2yrs may have done it. She thinks the BOD is a "punishment" BOD for enforcing the rules and the first thing out of her mouth when the BOD announced they had to consider increasing the dues was "well if I'd known my dues were going to increase, I would have never bought in this subdivision". She had been renting this house for 16 months and knew there was an HOA.
KarenT (Washington)
Posts: 250
Posted:
Quote:
Posted By BrianB on 11/26/2010 7:20 PM
keep doing what you are doing. put the towing signs back up. keep communicating with the owners. I personally would send a similar notice/newsletter to the renter at their house just to try to keep the communication open, but i wouldn't sweat if it didn't make it. the board's obligation is to follow the rules, and do what they need to do to enforce the rules.

the renter knows the rules by now. so do the owners. just keep plowing ahead.

and watch your next signs, i bet they disappear too.

The BOD plans to kee doing what they are - but they are also going to meet with the Fire Marshall who they talked to before the towing signs went up. They suggested we put up the "no parking fire lane" because of the fire code. So we may consider that and have the fire department start fining people. However, the fire marshall said the courts were often reluctant to enforce fines on private roads. Frustation!
KarenT (Washington)
Posts: 250
Posted:
Quote:
Posted By BrianB on 11/26/2010 7:20 PM
keep doing what you are doing. put the towing signs back up. keep communicating with the owners. I personally would send a similar notice/newsletter to the renter at their house just to try to keep the communication open, but i wouldn't sweat if it didn't make it. the board's obligation is to follow the rules, and do what they need to do to enforce the rules.

the renter knows the rules by now. so do the owners. just keep plowing ahead.

and watch your next signs, i bet they disappear too.

The BOD plans to kee doing what they are - but they are also going to meet with the Fire Marshall who they talked to before the towing signs went up. They suggested we put up the "no parking fire lane" because of the fire code. So we may consider that and have the fire department start fining people. However, the fire marshall said the courts were often reluctant to enforce fines on private roads. Frustration!
KarenT (Washington)
Posts: 250
Posted:
Quote:
Posted By BrianB on 11/26/2010 7:20 PM
keep doing what you are doing. put the towing signs back up. keep communicating with the owners. I personally would send a similar notice/newsletter to the renter at their house just to try to keep the communication open, but i wouldn't sweat if it didn't make it. the board's obligation is to follow the rules, and do what they need to do to enforce the rules.

the renter knows the rules by now. so do the owners. just keep plowing ahead.

and watch your next signs, i bet they disappear too.

The BOD plans to keep doing what they are - but they are also going to meet with the Fire Marshall who they talked to before the towing signs went up. They suggested we put up the "no parking fire lane" because of the fire code. So we may consider that and have the fire department start fining people. However, the fire marshall said the courts were often reluctant to enforce fines on private roads. Frustration!

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