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CherieH (Arizona)
Posts: 19
Posted:
We are in AZ and our CCRS state 'Parking is allowed in the side & rear yards if screened from view of the street & neighboring properties'. And, 'Gates must be screened if storing any items including vehicles....'. My question is if ANY part of a pickup is seen over the gate, is this a violation? Our PM (That we've had for 2 years) says it is and they must be covered or moved. 2 members of the board believe that the gate is sufficient, as only the roofs show. There isn't any way to place shrubs or anything else between the gate & the pickups. This has been allowed for 10 years. Most of the pickups are not seen but a few are. (They are parked closer to the gate.)No one has complained about the pickups. Can we set a height limit? I'm afraid that the owners will park their pickups on the street instead as they are county streets.
SusanW1 (Michigan)
Posts: 5,202
Posted:
This is one of those issues that just doesn't have a right answer. And for 10 years, it hasn't been resolved.

What are you doing about SUVs, vans and other vehicles that are slightly higher than a regular car?

Are people complaining?
DanielH1 (California)
Posts: 482
Posted:
Your property manager works for the Board, not the other way around.

The property manager advises but he can't demand or insist. He can quit if he doesn't like it. If he refuses to obey the Board in his approach to enforcement, he is insubordinate.

If it's been 10 years, I'd say that the chances of being sued over this issue are minimal. It's appropriate for the Board to say, "We want to continue enforcement in the same way."

A height limit is hard because they are technically not compliant. You can't say, "This is against the rules ... but, if you violate the rule, then it's even 'more against the rules' if you go above a certain height." But, flagrant violations of a rule are still fundamentally different than slight violations of a rule. (The rule isn't quite strict anyway because, if Shaq comes to your complex, he'll see a lot more violations than Danny DeVito. And maybe you can go up a nearby hill and look over a fence or whatever.)
CherieH (Arizona)
Posts: 19
Posted:
So far it hasn't been a problem. There is one van that after 1/12 years hasn't been written up and is taller then the pickup that was written up. Only one veh. was written up out of a possible half dozen. He could always park in his driveway or the street but that seems worse than parking behind a screened gate.

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