BOD managing public street parking

Our BOD is doing everything possible to eliminate street parking. The CC&Rs state that parking is prohibited on the private streets and driveways (No exceptions) Parking on public streets will be managed by city laws and ordnances.

This month, the BOD entered into a memorandum of understanding (MOU) with the city to take over management of parking permits on the public street, which is part of the association. Once the agreement was finalized, the city posted "Parking by Permit only" signs on the public street, and agreed to write tickets for any vehicle that parked without a permit. The management company assumed the issuing of the permits.

Here is the problem/Question:
1. The CC&Rs do not have provisions for permits, so no permits have been issued. This dead-end street has no parking as a result.
2. City ordnances state that a public street can become restricted parking, if 75% of the homeowners on the block petition for the change. In this case, we were never asked.
3. City ordnances state that all residents living in a restricted parking zone are entitled to 2 parking permits per home. BOD is refusing to issue the permits.
4. CC&Rs mandate a homeowner pursue a cause of action via arbitration.

Questions:
1. There isn't any verbiage in the CC&Rs that addresses the Association entering into a MOU. Can the BOD enter into an agreement to administer the city's restricted parking zone on a public street?
2. The city is allowing the association to administer the parking permits knowing that the association cannot issue permits. This violates their ordnances and I plan to file suit against the city in small claims court. Can I sue the association in small claims court, as the city contractor? Or am I bound by the arbitration agreement?
3. The association is offering overflow parking 1/2 mile from my house for $35.00 per month. Any issues?

I realize that I'm asking legal questions, but I just wanted to get people's opinion. I'm in California on an island. The street is a dead-end and none of the other houses on the other streets can see the parked vehicles. there are 14 homeowners and we all park vehicles on the street.

BTW: I'm sure I'll win against the city. The ordnances are very clear. But, I know the old adage "don't fight city hall."

As always, appreciate your help.

We had to turn over our streets to the city when we installed individual water meters. Which meant our CC&R's regarding parking may not be enforced. However, there was a major issue in that our street were NOT up to the city's code. This meant that the streets were NOT wide enough to park on both sides and be able to drive through. We had an emergency vehicle get stuck and someone died. Plus the fire trucks could not access the fire hydrants if there was a fire. Major concerns but we could not enforce.

We approached the city about the issue. They agreed it was an issue and we came up with a solution. No parking on the side of the road where the fire hydrants were. Basically since we were a giant loop no parking on the right side of the road. The city's law would have had them placing "No parking" signs" every 50 feet. A total eyesore. Plus our HOA did NOT allow signs other than "For Sale/Rent". What we were able to do is to go to the city and request that a CITY CODE be added that we could instead paint our curbs RED for no parking and Blue for handicap. We could then call the police to have them remove a car in the no parking area.

This situation kind of addresses what you are talking about. The HOA's street are public but the HOA can still enforce some controls. It may not be updated in your CC&R's or by-laws but if it's a city/local law it doesn't have to be. There's a statement saying the documents can't superceded city/local/state/federal laws anyways. The city may have granted the HOA the ability to issue the permits. They can do that.

There are over 500 homes in the association. However, there are only 14 homes on the public street. The street is extra wide to provide for parking on both sides with two traffic lanes. Although we belong to the association, we are outside of the gates to the association.

All of the homes have 5 bedrooms and undersized 2 car garages. As example, my F150 truck fits in the garage, but I cant' open the door to exit the vehicle.

Until the signs were erected, homeowners on the private streets would park their 3rd vehicles on the public street. Now, they have to pay for the overflow parking, which is what the Association wants us to do.

I have contacted the board, management company, city mayor, city clerk, traffic engineers, and chief of police.

The traffic engineers gave me the citation to present and are in my camp. The chief of police is extremely upset that patrol cars will be out ticketing in a community where drug traffic is pervasive.

This is a story of one board member, who is an attorney, running amuck. Unfortunately, we have a community where most of the homeowners live somewhere else or the bank owns the home. The island is isolated and a second home for most owners. Our last election barely received a 25% participation. We can't figure out how this guy got re-elected, but he did. Two board members resigned in protest over the attorney's actions. He is completely re-writing the CC&Rs via "Rules & Regulations." And, although the by-laws state that a rule can't contradict the CC&Rs, he writes the rules and directs security to enforce them. Now, he has been re-elected and gets to appoint two board members. It will only get worse.

Thanks for your comments.