Enforcement of Parking

Started by WilliamJ10 • 7 replies • 3687 views

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WilliamJ10 (California)
Posts: 4

Posted:

Can an HOA selectively enforce parking regulations. Currently they are enforcing the regulations regarding street parking which has a direct impact on 30% of the community that is limited to two car garages. The same rules stipulate how driveways are used requiring homeowners to park in the garage prior to the driveway. This rule is completely ignored to the point that people with three car garages utilize them for storage, wine cellars, and for businesses. Is this legal, who can you complain against in CA.

GlenL (Ohio)
Posts: 5,491

Posted:

What do you mean by "selectively"? If you mean enforce against those that are violating the CC&R's - then yes they can. What it sounds like is that after years of no enforcement, a new group is in charge and actually enforcing the CC&R's everyone agreed to abide with by buying into the HOA. If you mean can they let some violate while enforcing against others then the answer is no. But keep in mind that just because someone says the Board has not sent a violation letter or they are still doing it and it doesn't seem like the Board is enforcing against them doesn't make it so. With the way CA law is written the BOD can't tell you who they are enforcing against. The people to complain to are the ones the majority elected to sit on the Board.

Studies show that 5 out of 4 people have problems with fractions

WilliamJ10 (California)
Posts: 4

Posted:

By selective I mean the CC&R states 1) Residents can not park on the street 2) All spaces in garage must be utilized by vehicles prior to residents parking in the driveway. The board enforces part one, but has stated that they will not enforce rule 2.

GlenL (Ohio)
Posts: 5,491

Posted:

Then no, if they don't intend to enforce it, then they should take steps to amend the CC&R's and remove it.

Studies show that 5 out of 4 people have problems with fractions

JanetB2 (Colorado)
Posts: 4,219

Posted:

I agree with Glen ... also here is a page on Davis-Stirling which describes parking issues and ordinances for CA. Even though it is titled RV & Motor Homes it also discusses vehicles:
http://www.davis-stirling.com/MainMenu/MainIndex/RVsMotorHomes/tabid/1532/Default.aspx

Parking on streets is becoming more of an issue in some HOA's. You might check with the local government authorities to determine their stance. While in some areas the HOA has won lawsuits to enforce no parking on the street, my local city informed me that part of the reason some have won is because the local city did not join in the lawsuit. Their stance is if the HOA wants to own and maintain the street then the HOA can make the rules; however, if it is a public street then the city ordinances will apply. They also stated if a homeowner sues an HOA they could join the suit to quote "protect the city owned public property and rights of citizens".

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

2) All spaces in garage must be utilized by vehicles prior to residents parking in the driveway.

Force people to park in their garage? I agree, that's just dumb. If I were the board, I wouldn't enforce it either.

Keep the neighborhood nice, but stay out of people's lives. If someone wants to use their garage for wine cellar, its none of your business. LOL.

TimB4 (Tennessee)
Posts: 21,059

Posted:

William,

How would you propose enforcing the "park in the garage first" requirement?

Typically, members of an Association may not enter private property to check on violations. Therefore, they could not look into the garage to see if all the spaces are being used. They wouldn't know if a residence has company who's cars are in the garage. Unless there is a requirement for members to provide vehicle information, they may not know how many vehicles a member currently owns.

As you can see, with these limitations, it becomes very difficult to enforce such a regulation.

Tim

DanielH1 (California)
Posts: 482

Posted:

It isn't illegal per-se; the Board is in violation of a contract (i.e. CC&Rs, Bylaws or whatever).

If the cars are partially parked in a driveway but sticking out into a fire lane, you could call the fire or police department. They might not want to do anything on private property, though.

You can also call your management company and security company and try to get them to do something.

If your intention is to get them to allow you to park your car against the rules, they can't do that. You can only insist that they begin enforcing all the rules, not just some of them.

You could get elected to your Board and insist on enforcing the rules from there.

You could sue.

Beyond that, there's nobody else to complain to. No state agency supervises your HOA in a way that would be helpful to you.

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