Help define the term "Regular Basis"

Started by BenD1 • 13 replies • 2327 views

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BenD1 (California)
Posts: 5

Posted:

I have been given the task of defining certain terms in our CC&R's that were open to different interpretations by folks in our community.
We have guest parking stalls dotted around our development that are for guests parking.
In our cc&r's it states the following:

Those cut-out areas are intended for use for short-term parking by
visitors and occasional guests and are not to be used by residents for the parking of vehicles on a
regular basis.

Now what is the meaning of "Regular Basis"?

Our main problem is residents frequently park their cars in these spots. When challenged by the board the offenders state that the CC&R's don't prohibit parking there as long as it's not on a regular basis. So the board wants to define "regular basis" more clearly.

Any ideas??

DianneL1 (Washington)
Posts: 34

Posted:

Ben,
It sounds like you should be writing a Rules and Regulations document that supports the CC&Rs and Bylaws.

Our R&R document states:
Guest parking spots are for shared use and not for the continued use of any single homeowner or guest.

By using language like "regular basis" or "continued use" is nice and vague. Abuse of guest spots will occur but nobody wants to police the parking lot with a stop watch if you put a time limit out there. How do handle violations with this now? Just curious.

Hope this information helps a little.

BenD1 (California)
Posts: 5

Posted:

We currently do nothing. When the board gets a complaint they'll generally call the offender via telephone and say "would you please not park there. It's for guests only"
No real enforcement. A few weeks ago the board appointed a 3 person committee to look at the parking situation & make recommendations. This was bought on by the ever escalating violations & complaints & then complaints about the lack of enforcement.

BrianB (California)
Posts: 2,820

Posted:

regular basis: once per month or more.

I go to my favorite restaurant on a regular basis. that is, for me, once a month.

If folks want to get picky, remind them that many people see their dentists on a "regular basis", and that's twice a year. Or their doctor on a regular basis, and that may be once a year.

JanetB2 (Colorado)
Posts: 4,219

Posted:

How about just making it simple, then nobody can complain ... This parking is for visitors and guests only.

JenniferM10 (Illinois)
Posts: 97

Posted:

This is probably a renegade idea, but is there a solution that will work for the homeowners and their guests?

If people are parking there, then there must be a reason why. Perhaps a community garage sale to get people to go through their garages and make room for their cars? Or would it be feasible to designate a few of the spaces to be used for resident parking?

I realize I'm not a board member, so my perspective is different from many in these forums, but maybe if there are a lot of people breaking a rule it means that the rule is not serving the community and needs to be evaluated.

PeterD3 (Florida)
Posts: 708

Posted:

Quote:

Posted By BrianB on 02/23/2011 7:30 PM
regular basis: once per month or more.

I go to my favorite restaurant on a regular basis. that is, for me, once a month.

If folks want to get picky, remind them that many people see their dentists on a "regular basis", and that's twice a year. Or their doctor on a regular basis, and that may be once a year.

I take a shower on a regular basis.

BenD1 (California)
Posts: 5

Posted:

Quote:

Posted By JenniferM10 on 02/23/2011 10:30 PM
This is probably a renegade idea, but is there a solution that will work for the homeowners and their guests?

If people are parking there, then there must be a reason why. Perhaps a community garage sale to get people to go through their garages and make room for their cars? Or would it be feasible to designate a few of the spaces to be used for resident parking?

I realize I'm not a board member, so my perspective is different from many in these forums, but maybe if there are a lot of people breaking a rule it means that the rule is not serving the community and needs to be evaluated.

As we have 39 homes in our community & only 8 guest parking slots allowing some residents to park in guest parking would be unfair to those who are not allowed to park there.

I guess the conclusion is the term "regular basis" is whatever I think it should be. As stated by fellow posters regular basis could be once per day to once or twice per year.

BrianB (California)
Posts: 2,820

Posted:

Quote:

Posted By PeterD3 on 02/24/2011 3:54 AM

I take a shower on a regular basis.

Me too, but I figured he wanted something more frequent than "Once a spring".

PeterD3 (Florida)
Posts: 708

Posted:

Yuk-Yuk :0

I also pay my income taxes on a regular basis too.

I was making the point that this "regular basis" is too ambiguous [unenforceable?] as written.

JenniferM10 (Illinois)
Posts: 97

Posted:

I wasn't thinking of specifying which residents could park there, rather that some of the spaces be marked as resident parking and others as guest.

In this case, since there is a very limited number of spaces, Janet's recommendation for "guests only" makes sense, and would get rid of the gray area.

PeterD3 (Florida)
Posts: 708

Posted:

Might Fly.

But it does flirt with conflicting with the CCRs (as posted) as you are now preventing owners from using some of the spaces where before they were unrestricted except for exceeding the regular basis clause.

JanetB2 (Colorado)
Posts: 4,219

Posted:

True Peter ... to be safe they really should go for an amendment to CCR's to clarify the situation and any other gray areas they have encountered.

BenD1 (California)
Posts: 5

Posted:

Thanks guys & gals,

I am going to suggest a Amendment be made to the CC&R's

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