NL3 (California)
Posts: 2
Posts: 2
Posted:
Recently our HOA decided to adopt new rules regarding parking. Our CCRs state:
"Owners and their tenants shall only park within the Development as many cars as they have space for. Any additional cars must be parked outside the project. Owners shall not park in guest parking at any time."
The old rules state: "Parking and Vehicular Restrictions as defined in Article VII, Para 3 shall be enforced."
The new rules state: "Parking and Vehicular Restriction as defined in Article VI, Section 6 of the CC&Rs shall be enforced. For purposes of article 6, Section 6E of the CC&Rs, each Owner's space is defined as two spaces in the garage, 2 spaces in the driveway, and street parking adjacent to your property,(i.e.Lot) if any. Resident street parking is limited to space(s) directly adjacent to the residen'ts property, if there is any such street parking. Any resident vehicles that are not parked in the garage, or on the driveway, or on the street directly adjacent to the resident's property must be parked outside the development."
Some houses have no space in front of their home or a small compact car size curb in front of their home and others have a long stretch that 3 large vehicles can park there. I have 3 large vehicles, one for my occupation, 2 for my family, and they cannot fit in the garage. There is no guest parking area, so when a guest, utility vehicle, construction park in front of my home, I can no longer park in my community, I need to park 3 streets over? They say the rule hasn't been changed, it is being clarified. But we have always been able to park in the development, on any street. Is this rule enforceable? This is California, so I think Davis Stirling law states that a rule has to be reasonable, but if its not giving all owners a space in front of their home, is it reasonable? Since the street is common area is it giving the owner adjacent to that property exclusive rights, since I no longer have a right to park in front of any other home but mine?
"Owners and their tenants shall only park within the Development as many cars as they have space for. Any additional cars must be parked outside the project. Owners shall not park in guest parking at any time."
The old rules state: "Parking and Vehicular Restrictions as defined in Article VII, Para 3 shall be enforced."
The new rules state: "Parking and Vehicular Restriction as defined in Article VI, Section 6 of the CC&Rs shall be enforced. For purposes of article 6, Section 6E of the CC&Rs, each Owner's space is defined as two spaces in the garage, 2 spaces in the driveway, and street parking adjacent to your property,(i.e.Lot) if any. Resident street parking is limited to space(s) directly adjacent to the residen'ts property, if there is any such street parking. Any resident vehicles that are not parked in the garage, or on the driveway, or on the street directly adjacent to the resident's property must be parked outside the development."
Some houses have no space in front of their home or a small compact car size curb in front of their home and others have a long stretch that 3 large vehicles can park there. I have 3 large vehicles, one for my occupation, 2 for my family, and they cannot fit in the garage. There is no guest parking area, so when a guest, utility vehicle, construction park in front of my home, I can no longer park in my community, I need to park 3 streets over? They say the rule hasn't been changed, it is being clarified. But we have always been able to park in the development, on any street. Is this rule enforceable? This is California, so I think Davis Stirling law states that a rule has to be reasonable, but if its not giving all owners a space in front of their home, is it reasonable? Since the street is common area is it giving the owner adjacent to that property exclusive rights, since I no longer have a right to park in front of any other home but mine?