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NL3 (California)
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?
GlenL (Ohio)
Posts: 5,491
Posted:
An excellent question for an attorney which I am not but perhaps you might consider that the Board is reacting to complaints that others are unable to park in front of their own home because someone maybe even you is parking there, thus inconveniencing them. Clean out your garage so vehicles can park in it, rent a space from one of your neighbors or gather enough support from your fellow homeowners to veto the rule or amend the Covenants to make it all first come, first served.

Studies show that 5 out of 4 people have problems with fractions
EmmaH1
Posts: 674
Posted:
I don't think they can do that according to what you quoted from your CC&Rs. (But I think they are trying anyway.) You should not have to rent a space from a neighbor if when you bought your home the CC&Rs stated that you had permission and the right to park in front of your home.
EmmaH1
Posts: 674
Posted:
must add if there is no space in front of your home then you knew about that when you bought it so you can't claim ignorance of that.

and I do agree that parking on the streets can cause problems and might need to be addressed in some way.
NL3 (California)
Posts: 2
Posted:
I only park one car on the street, and there is a space in front of my home. I have lived here for 7 years and we have always been able to park anywhere on the street. Typically if my neighbor has a guest, or in front of my home is occupied, then I park up the street where there is a long stretch for 3 cars to park that no one utilizes. However, a board members lives there and will harass guests and owners that no one may park in front of their home, long before this rule was adopted.
GlenL (Ohio)
Posts: 5,491
Posted:
From davis-stirling.com:

Petition to Reverse Rule

Members owning 5% or more of the separate interests may call a special meeting of the members to reverse a rule change. (Civ. Code §4365.) The written request may not be delivered more than 30 days after the members of the association are notified of the rule change. (Civ. Code §4365(b).) The rule change may be reversed by the affirmative vote of a majority of the votes represented and voting at a duly held meeting at which a quorum is present. (Civ. Code §4365(d).)

Notice of Meeting. The board must give notice of a special meeting and send out ballots.

Notice of Voting Results. The results of the membership vote must be provided to the membership within 15 days of the vote. (Civ. Code §4365(g).) If an operating rule is reversed, it cannot be re-adopted by the board for at least one year. However, the board may vote on other operating rules covering the same subject. (Civ. Code §4365(f).)


Studies show that 5 out of 4 people have problems with fractions
KerryL1 (California)
Posts: 14,550
Posted:
NL3. Do as Glen advises and visit davis-stirling.com. You'll see several helpful tips.

CC&Rs cannot be changed without Owners (members) voting to change them. Often 67-75% or more is needed.

Rules (and Regulations) often can be changed by the Board, but it needs to send out letters informing Owners of the prospective change to which owners have 30 days to reply.

Rules may not conflict with your CC&Rs. You may need an attorney to untangle this!

DaveD3 (Michigan)
Posts: 796
Posted:
Article VII, Para 3
Article VI, Section 6

What is the difference between these two (exact wording) and is either of them recently adopted?
If recently adopted, was it by vote of the membership?

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