Posted By RogerB on 12/07/2006 7:06 PM
Posted By RonaldW on 12/07/2006 6:03 PM
Read your copy of the CC&Rs. Does it require garage doors to be kept closed "when not in use" or put a time limit on how long they can be kept open? If so, the HOA should be taking action such as writing violation notices, etc. If not, there's not much you can legally do to force the neighbor to keep the door closed.
Another means of enforcement is to pass a R&R requiring garage doors to be closed when not in use.
Roger, what is an "R&R?
The way I read our CC&Rs, everything is spelled out and the only discretion seems to be what is delegated to the ACC - mailboxes and posts and approval or denial of additions and modifications.
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BTW: As an example of how poorly some CC&Rs are written, here's the relevant section from ours:
SECTION 24 – Driveways and Entrance to Garage. All driveways and entrances shall be of a substance approved in writing by the ACC. All front entrance garages must have the doors closed except when in use. A maximum of three (3) cars may be parked upon driveway. No overnight parking is permitted on the streets.
#1. All front entrance garages ............. Houses with "side entrance garages" are not covered by this section, yet if they are on a corner lot, the effect is the same as a "front entrance garage".
#2. must have the doors closed except when in use ............. Define "in use". If someone is using a garage for a shop and is in the garage working, is that "in use"? I believe it is but that's not the intention of the section.
#3. A maximum of three (3) cars may be parked upon driveway................ No mention of SUVs, vans, or pickup trucks. We know what the CC&Rs are meant to say, but someone could make the argument that a pickup truck is not covered.