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KarenL11 (South Carolina)
Posts: 4
Posted:
Yes, this surely seems to be a reoccurring topic. Our development of approximately 500 homes also has lots that are owned by private parties but no house has been built. Like many HOAs, we have parking restrictions covering no parking on the streets.

Over the years people have used open adjoining lots for overflow parking but it is not a regular thing. One of the owners had a small party over the 4th and had visitors park on the open lot next to his home. The lot owner resides in another state. The home owner does not know the lot owner and did not ask permission. The board has decided this should not be allowed and sent the party giver a warning notice about trespassing. I'm on the ARC committee and the owner that got the notice questioned me on this. I suggested that he ask the board president since I had no say on the decision. I suppose there is always a chance the lot owner asked the board to keep people off of his property but I have no knowledge of this.

Does this sound like something the board should be enforcing? I can find nothing in our CCRs or bylaws where the power to enforce this would come. Would this be better left to the police? If so, since it is private property would the police respond if complaint is from non-owner?
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By KarenL11 on 07/11/2014 11:55 AM

The board has decided this should not be allowed and sent the party giver a warning notice about trespassing.

The Board should not have intervened.

The Board is not the owner of the Lot. Only the owner can file a claim of trespassing. The Board can contact the police while the incident is happening and ask the police to investigate the issue. However, to be honest, it's not the Board's business what arrangements may or may not have been made between two members.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TimB4 on 07/11/2014 12:01 PM
Posted By KarenL11 on 07/11/2014 11:55 AM

The board has decided this should not be allowed and sent the party giver a warning notice about trespassing.


The Board should not have intervened.

The Board is not the owner of the Lot. Only the owner can file a claim of trespassing. The Board can contact the police while the incident is happening and ask the police to investigate the issue. However, to be honest, it's not the Board's business what arrangements may or may not have been made between two members.

I agree. The BOD should mind its own business.
DouglasK1 (Florida)
Posts: 2,046
Posted:
I agree that being concerned about trespassing is not the BOD's business. There might still be HOA concerns though. Do your docs restrict parking to driveways only? If so, you could send a warning to the lot owner, who might then be inclined to get involved.

Escaped former treasurer and director of a self managed association.
KarenL11 (South Carolina)
Posts: 4
Posted:
I agree the board should not be involved but that's not my call.

Douglas brings up an interesting twist. I'm not looking at the doc's right now but I do believe it states parking in the driveway or garage where it also state about not parking on road. I guess technically there is no driveway or garage on the open lot so in effect there should be no parking.
KerryL1 (California)
Posts: 14,550
Posted:
I like Douglas' question too--very thoughtful.

I agree with Tim, JohnC, etc., that this is a not concern of the HOA board or ARC.
VictorL2 (CA)
Posts: 16
Posted:
Agree with previous replies. This is another good example of the HOA board overstepping its boundaries.

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