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Can we add a parking restriction on owner property?

Started by SayA • 11 replies • 1933 views

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SayA (North Carolina)
Posts: 19
Posted:
Our covenants give the Board the right to make rules to govern the community, and we are wondering, can the board add a rule that states that vehicles must be parked on driveways? The issue is an owner with a growing collection of junk vehicles (unlicensed, registered, rusting, with weeds growing up) that are in his back yard but visible to the street. This has been an issue for years and the owner has stonewalled the Association, but the Association has until now not considered creating a rule and then using it to clean up what the rest of the neighborhood considers an eyesore.

Can the board create this rule, provide time for it to go into effect, and then fine on it? Is this appropriate for an HOA to do considering it is what the majority of the neighborhood wants and the owner has been recalcitrant?

This is in North Carolina btw, pre 1998 covenants.

TIA
RobW (California)
Posts: 279
Posted:
Two questions, Tia:

1) Is this a single family dwelling, with no common area property involved?

2) What do your CCR's (Covenants, Conditions, and Restrictions) say (if anything) about parking, inoperable vehicles, and unregistered vehicles?

Rob
BarbaraB10 (California)
Posts: 117
Posted:
Check you association documents to see if there is any rule for 'nuisance'. You might not need to add a specific rule because the nuisance clause could potentially cover inoperable cars. Weeds are another matter and your CCR's may have a specific clause about yard maintenance & upkeep responsibilities. If there are no yard upkeep rules, the weeds could fall into the nuisance category.

The word junk is subjective - what you consider junk is another's prized possession. It may be better to refer to the vehicles in an objective factual manner such as inoperable, oxidized paint, rotting tires & rubber, etc. Once you gather objective facts, you can go on from there. There may be a clause in your association documents that says an owner must be given the opportunity to correct any violatons. This is assuming there is actually a nuisance or weeds violation.

If you were to pass a rule that cars need to be parked in the driveway, the owner of the rusty vehicle could park the eyesore in public view - I'm sure your association would want to avoid this.

Good luck!
SayA (North Carolina)
Posts: 19
Posted:
Yes, the idea is that while our Covenants give us the right to make rules, we don't have any now that deal with "junk" vehicles. Since the homeowner has fought the HOA on this for several years now, and the number of the vehicles has gone from 1-5, the HOA thinks it will only get worse. Its a single family home and the vehicles on are on the property, but if the Board makes a rule that vehicles must be parked on driveways, must be covered, or must be licensed, etc, is that in its right? The same goes for adding a nuisance clause to the rules and using that to apply, although that might be more subjective.

The Board is mainly concerned with knowing if it can add to its rules to handle this, or if it needs to amend the By-laws for something specific like vehicles parked in yards.

Thanks,
SayA (North Carolina)
Posts: 19
Posted:
Thanks - oh and TIA = thanks in advance, not my name though...

Rob, The Board has come to the conclusion that the whole "will get worse before it gets better" is already underway, the question is what groundwork do we need in place? Stronger rules are where the Board sees it should go now - rules to directly highlight what issue the neighborhood has and what standard it wants.

The next issue would be dealing with an owner that is in violation of the HOA rules, at which point we'd need a lawyer. The original question however is, can the Board simply create these rules given that the By-laws state it can? If we want to control "junk cars", or the number of unlicensed vehicles sitting outside a garage or off a driveway, is that a matter for rules? Or does the HOA need to amend its By-Laws?

Thanks,
TimB4 (Tennessee)
Posts: 21,059
Posted:
Say,

Typically rules govern common areas and not private property.

Covenants govern private property.

Guidelines (paint must be xyz color) standardizes what will be approved or disapproved when members request a change to the outside of the house - but this approval requirement is usually in the covenants (again-governing private property).

This is why Rob asked you if there was a section in your Covenants that talked about nuisances. I would suggest that to include aesthetics.

The Board should not make a rule to "go after" one individual. They should make rules/guidelines to make the community better overall.

Whenever you make a new rule/guideline, the association will also run into the issue of grandfathering past practices when creating a new rule/guideline. This is why it was suggested you consult your Associations attorney.

My suggestion would be similar to Robs and search your covenants that might be able to apply (nuisance, aesthetics, etc.). Then the Board could enforce that section of the covenants.

The larger questions you should also consider include:

Will the Association require complete removal or perhaps just screening of the vehicles? If you couldn't see the vehicles in the back yard from the street would there still be an issue? Do other members have vehicles (don't forget motorcycles, jet skis, etc.) in their rear yards? Is the Association willing to enforce this decision on everyone?

Tim
SayA (North Carolina)
Posts: 19
Posted:
Our Covenants states "no obnoxious or offensive activity shall be carried upon the Properties, nor shall anything be done which may be or become a nuisance or annoyance to the neighborhood."

Also in the Covenants: "The Association shall have the authority to restrict parking of motor vehicles within property effected by these covenants and shall also have authority to repair the streets within said property."

So, we can at least fine, and then add fines to next year's assessment if not paid? Based on these, do we have grounds to create rules?
TimB4 (Tennessee)
Posts: 21,059
Posted:

This would be the section I would cite in sending a letter.

However, you still need to decide what is the actual annoyance and what will be acceptable to correct it. The board will also have to enforce this on anyone else. This is why I caution you on defining parking of vehicles in the rear yard as an annoyance in and by itself. Others might have motorcycles, boats, riding lawnmowers, etc., all of which are vehicles that you would be banning being kept in the rear yard.

The Board also needs to identify what is acceptable to correct the issue (screening, etc.).

Quote:
Posted By SayA on 03/15/2011 9:35 AM

Also in the Covenants: "The Association shall have the authority to restrict parking of motor vehicles within property effected by these covenants and shall also have authority to repair the streets within said property."

This typically applies to the roads themselves. However, I am fairly positive that based on that language, you could also create a resolution that vehicles must be parked on the driveway or in the garage. You will need to check with an attorney.

Quote:
Posted By SayA on 03/15/2011 9:35 AM

So, we can at least fine, and then add fines to next year's assessment if not paid? Based on these, do we have grounds to create rules?

If there is no resolution to fine or to protect due process when enforcing a violation, you need to start there. Read your documents. Sometimes you can't just fine. IMO, it's a 2-3 month process before fines enter the picture - informal notice, formal notice, certified notice, hearing before the committee, hearing before the board to determine possible fines.

Has anyone talked to the individual to see why the cars are back there?

Tim
TimB4 (Tennessee)
Posts: 21,059
Posted:

This would be the section I would cite in sending a letter.

However, you still need to decide what is the actual annoyance and what will be acceptable to correct it. The board will also have to enforce this on anyone else. This is why I caution you on defining parking of vehicles in the rear yard as an annoyance in and by itself. Others might have motorcycles, boats, riding lawnmowers, etc., all of which are vehicles that you would be banning being kept in the rear yard.

The Board also needs to identify what is acceptable to correct the issue (screening, etc.).

Quote:
Posted By SayA on 03/15/2011 9:35 AM

Also in the Covenants: "The Association shall have the authority to restrict parking of motor vehicles within property effected by these covenants and shall also have authority to repair the streets within said property."

This typically applies to the roads themselves. However, I am fairly positive that based on that language, you could also create a resolution that vehicles must be parked on the driveway or in the garage. You will need to check with an attorney.

Quote:
Posted By SayA on 03/15/2011 9:35 AM

So, we can at least fine, and then add fines to next year's assessment if not paid? Based on these, do we have grounds to create rules?

If there is no resolution to fine or to protect due process when enforcing a violation, you need to start there. Read your documents. Sometimes you can't just fine. IMO, it's a 2-3 month process before fines enter the picture - informal notice, formal notice, certified notice, hearing before the committee, hearing before the board to determine possible fines.

Has anyone talked to the individual to see why the cars are back there?

Tim

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