need help

RaymondL2 (Arizona)
Posts: 3

Posted:

A particular paragraph in our HOA is worded as follows: Vehicles may not be parked in the common areas, other than on driveways. Routine use of the COMMON AREA PORTION of the driveways for overnight parking of vehicles is not permitted, except for emergencies or for temporary use by guests. Question: Does anything in this clause imply that we cannot park our personal auto in our own driveway overnight. This is a 42 unit condo assoc. in a retirement community.

TimB4 (Tennessee)
Posts: 21,059

Posted:

It depends on what the common area portion of the driveway is.

If your driveway is an exclusive use common area, then yes an argument could be made that this passage doesn't allow you to park your vehicle in "your" driveway. This is because the driveway is not technically yours. It is common area. The Association may have identified as common area exclusively set aside for your use, but it is still common area.

RaymondL2 (Arizona)
Posts: 3

Posted:

thanks for your reply. The first part of the clause says "other than on driveways" But the last part says "Common Area Portion" of the driveways. Our driveways are all connected to the sidewalk at the beginning part of the driveway, which would be the only common area portion of the driveway, as the driveway runs into the garrage. Our driveways are for us and our guests to park on during the day and night. The association Board is saying we cannot park our own cars overnight on our own driveways, but I see nothing directly that says this in this clause. What do you think?

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By RaymondL2 on 10/31/2012 6:41 PM
A particular paragraph in our HOA is worded as follows: Vehicles may not be parked in the common areas, other than on driveways. Routine use of the COMMON AREA PORTION of the driveways for overnight parking of vehicles is not permitted, except for emergencies or for temporary use by guests. Question: Does anything in this clause imply that we cannot park our personal auto in our own driveway overnight. This is a 42 unit condo assoc. in a retirement community.

If the driveways are common areas which should be spelled out in the Covenants (they should describe what belongs to you and what belongs to the HOA) then yes that is what it says.

Vehicles may not be parked in the common areas, other than on driveways. Means you can't park in the grass.

Routine use of the COMMON AREA PORTION of the driveways for overnight parking of vehicles is not permitted, except for emergencies or for temporary use by guests. Pretty self explanatory.

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

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By RaymondL2 on 10/31/2012 6:41 PM
A particular paragraph in our HOA is worded as follows: Vehicles may not be parked in the common areas, other than on driveways. Routine use of the COMMON AREA PORTION of the driveways for overnight parking of vehicles is not permitted, except for emergencies or for temporary use by guests. Question: Does anything in this clause imply that we cannot park our personal auto in our own driveway overnight. This is a 42 unit condo assoc. in a retirement community.

If the driveways are common areas which should be spelled out in the Covenants (they should describe what belongs to you and what belongs to the HOA) then yes that is what it says.

Vehicles may not be parked in the common areas, other than on driveways. Means you can't park in the grass.

Routine use of the COMMON AREA PORTION of the driveways for overnight parking of vehicles is not permitted, except for emergencies or for temporary use by guests. Pretty self explanatory.

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

BethW4 (California)
Posts: 11

Posted:

Hi..
The above clause implies that ,you are not allowed to park your vehicles at "common area portion" of the driveways, and it is very clear with-it. So you can easily park your personal auto in your own driveway overnight easily.

regards

Legal Transcription at GMR Transcription

FredS7 (Arizona)
Posts: 927

Posted:

>Vehicles may not be parked in the common areas, other than on driveways. Routine use of the >COMMON AREA PORTION of the driveways for overnight parking of vehicles is not permitted, ?except for emergencies or for temporary use by guests.

I read this to mean: you can NEVER park your car off the driveway (say, on the lawn). You CAN park your car on the driveway BUT you cannot routinely leave it there overnight.

By the way, the implication of the first sentence is that driveways are common areas. Probably this is stated elsewhere.

Is there a non-common area portion of the driveway? Like a few feet under a roof overhang?

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By RaymondL2 on 10/31/2012 6:41 PM
A particular paragraph in our HOA is worded as follows: Vehicles may not be parked in the common areas, other than on driveways. Routine use of the COMMON AREA PORTION of the driveways for overnight parking of vehicles is not permitted, except for emergencies or for temporary use by guests. Question: Does anything in this clause imply that we cannot park our personal auto in our own driveway overnight. This is a 42 unit condo assoc. in a retirement community.

Raymond,

You mentioned that there is a sidewalk that "crosses" your driveway. My interpretation of "Routine use of the COMMON AREA PORTION of the driveways for overnight parking of vehicles is not permitted" is that your automobile cannot extend into that portion of your driveway where the sidewalk crosses. The reason should be obvious. It's so that pedestrians do not have to leave the sidewalk and walk in the road to get around a vehicle parked in the driveway so that it is blocking the sidewalk.

BradP (Kansas)
Posts: 2,640

Posted:

I think you have gotten a lot of good advice and I would agree with it all...find out what portion of your driveway is considered common area and that will answer your question.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

In one HOA we had a common area driveway that ran between or units (townhomes) and off this common area driveway (some 30 yards long) ran each persons own driveway (some 15 feet long, room for only one car) and entrance to their garage.

While we could park in our garage and/or on the driveway in front of the garage, we could not park on the common area driveway leading to our own driveways. Neither could guests, but another issue.

One either parked in their garage and/or their driveway or they had to park in one of several small parking areas at the foot of the common driveway but no cars allowed to park on the common driveway.

To the OP. I read it as you can park on your driveway and/or in your garage but you cannot park in the common area (street/driveway) but your overnight guest could.

Hmmmmm...would a child with a car be considered a guest and can park there overnight......LOL

MikeS1
Posts: 521

Posted:

In our Townhome community, the driveways are owned by the homeowner, but the sidewalk (which runs perpendicular to the end of of the driveway) is common area. The driveway apron on the other side of the sidewalk is also common area (or possibly limited common area). The docs in fact say that you cannot block the sidewalk.
Two reasons- 1 - It's common area and 2 - You're forcing residents to walk out in the street when they could be enjoying the safety of the sidewalk.