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JillS8 (California)
Posts: 101
Posted:
I have recently posted on this subject and things are progressing so I need some more help.

Live in private, gated, single family homes. Association owns streets but we have zero parking stalls or spaces, zero fire lanes, no signs restricting parking. Etc. Board wants no parking on streets from 2:00am to 5:00am. They are going to start fining and towing for street parking. The following is from our CCR&S
Under the heading of Restrictions
Vehicles
A reasonable number of trailers, motor homes, trucks, campers, boats, and other such recreational vehicles , and inoperable vehicles belonging to an owner, may be stored within the project if kept within a fenced side or rear yard area or within a building constructed upon the lot. The Association may through any director or officer or management agent may have a vehicle wrongfully parked or parked without authorization in the private streets of the project removed under CVC 22658.2. Under CVC section 21107.2 a majority of the board may request that county, city or other government agency having jurisdiction to adopt an ordinance or resolution that make the private streets of the project subject to the California Vehicle Code.

So my questions are
Since we have no parking restrictions in our CCRS,, only storage of rrecreational and commercial vehicles, can the board make rules restricting parking for no reason except that they don't want cars parked in front of their homes.
We have never petitioned the county to have the vehicle code subject to CAlifornia Vehicle Code.(21107.7CVC)Has anyone ever been involved with this provision ?
We have members that have more cars than driveway parking and they were they lwere told to park outside the gates and walk in, which is totally unreasonable.
The board is sending these rules to attorney and I am able to explain my reasons as to why I disagree any tips to forward to them would be a great help.
Thanks
SheliaH (Indiana)
Posts: 6,964
Posted:
You say there are homeowners who have more cars than driveway parking, so it may be problems have developed with people parking on the grass (or their neighbor's grass), creating blind spots at corners, parking against the flow of traffic (thus creating more blind spots) and if your streets are narrow, a bunch of cars on them, along with the RVs campers and other stuff could cause problems if emergency vehicles have to make a run in your neighborhood. Would you like for someone's house to burn down or have medical care delayed because a bunch of SUVs was taking up space?

I don't remember what your last post said and suspect there could be more going on than the board saying it doesn't want cars on the street at night - what did they say when you asked them (you did ask them, didn't you?) You've told them of your concerns, but have other homeowners spoken up - that could be why these rules are being proposed. If you're the only one, why not suggest the board conduct a survey to see what homeowners consider the primary parking issues? It should see some patterns develop and use that to help craft new rules. In the meantime, you may as well wait to see what the attorney says and then go on from there.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JillS8 (California)
Posts: 101
Posted:
Thank you for your answer. The CCRS do address the recreational vehicles parking on the street so that is not an issue. The rules address the parking on the grass, no problem. our streets are extra wide, you could park on both side and still have clear pass through on both sides of street. No issues from fire department. We actually tried to put speed bumps in but we're denied by fire department. So as crazy as it sounds, the response at an open meeting from the two board members was " we don't want cars parked in front of our house".
I am respectfully challenging adding a more restrictive parking rule as it will cause problems for several homeowners and I don't think the law allows this. So to put parking rules with no purpose and that will cause hardships to neighbors, like parking outside of their own community, hiking into their own home is completely ridiculous.
I am trying to resolve this using the law and common sense. Thanks for your insight.
JanetB2 (Colorado)
Posts: 4,219
Posted:
If you are a private gated community where the HOA owns and maintains the roads ... the HOA regulates. The regulations if they are Rules and Regulations must be reasonable and not violate the CCR's which are attached to property titles. Essentially items in the CCR's will supersede any Rules and Regulations.
JillS8 (California)
Posts: 101
Posted:
Thank you for your answer. I am preparing my arguments to send to the attorney along with the rules changes the board wants. I am the stand alone board member who follows the law. No street parking rules restrictions in CCRS so no way to enforce street parking on streets from 2 to 5 am. Which serves no purpose.
LetA (Nevada)
Posts: 2,679
Posted:
I feel your pain Jill, I have a similar dilemma. I live in Vegas in a non guard gated community. Our BOD chose not to enforce the CC&R's regarding parking because in our community half the homes have Zero frontage, no driveway and half of the half have half a driveway. people like to park however they feel, even blocking other owners driveways with their vehicles. Our major hurdle is the state regulatory commission that oversees tow trucks, and for reasons other than blocking a fire hydrant, the tow companies won't tow a vehicle.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By LetA on 05/13/2017 8:50 AM
I feel your pain Jill, I have a similar dilemma. I live in Vegas in a non guard gated community. Our BOD chose not to enforce the CC&R's regarding parking because in our community half the homes have Zero frontage, no driveway and half of the half have half a driveway. people like to park however they feel, even blocking other owners driveways with their vehicles. Our major hurdle is the state regulatory commission that oversees tow trucks, and for reasons other than blocking a fire hydrant, the tow companies won't tow a vehicle.

In Nevada if the HOA does not own and maintain the streets they cannot regulate per State Law. This is a law they passed about 3-4 years ago. They had too many HOA's foreclosing on homes due to fines when regulating PUBLIC property.
LetA (Nevada)
Posts: 2,679
Posted:
And I live in a "Gated" community so the HOA owns and maintains the roads, and yes if I have a vehicle blocking my driveway I am trapped in my house until the police arrive to perform a duty tow.
The poster to this thread is beholden to their local laws and ordnances regarding on street parking.
RichardP13 (California)
Posts: 3,868
Posted:
Based on personal experience, the Board wanting to restrict parking between certain hours won't fly UNLESS they have a "fair and reasonable" explanation for that action.

The Board would have authority to create fair and reasonable rules as it pertains to parking, BUT when they choose to restrict the times "because they don't want cars parking in front of their homes" goes outside the boundary. Generally, that space is reserved for the whole of the community, as the private street is common area.
JillS8 (California)
Posts: 101
Posted:
our CCRS, and I bet yours too, restrict blocking ingress and egress to common area and pedestrian walkway so that would resolve parking in front of your driveway. In California private streets are not subject to California Vehicle Code unless we petition the county and they agree. Local laws and ordnances do not apply to private streets.

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