Privacy

Jill: "The board has proposed a no parking on the streets between 2:am and 5:am. This is being challenged as too restrictive according to our CCR&S."
KL: What do the CC&Rs say that seems to limit the board's authority about street parking?

Jill: "...we have zero parking areas or stalls and no assigned parking."
KL: are there garages to park cars on ? And/or driveways?

Isn't the rest of the Board giving some kind of reason for proposing this, Jill? Street sweeping perhaps? I assume this would be a rule change. As such, in CA, the board must vote to send it out for a 30-day owner comment period, as you probably know. At a subsequent meeting, the board votes to add this rule---or not. Maybe enough owners' comments will be negative and the Board won't vote to approve it.

We have underground garage resident parking and Visitor Parking. The resident must turn into the managers's office all car info of their guests who use our garage. The resident's address is included, but not the guests' It's almost the same as your board wants to collect. No one here (200+ units) complains about privacy intrusion.

Are your streets private? If your HOA does own your streets, what DO your CC&Rs say about these streets?

When the board voted to get the HOA attorney's advice, did you vote no? I don't think the HHOA attorney will reply to your question as s/he works for your HOA via the board and not for any individual Owner...director or not.

I'm a huge privacy advocate. Having said that, I think an association has the right to know what vehicles are coming into and out of the community. There should also be a conspicuous privacy policy regarding that information. Rules and regulations can't contradict what's in the CCRs but unless the CCRs explicitly say people have a "right to park" on the streets, I think reasonable rules & regulations could be made to restrict it. As long as they're not in conflict with the CCRs.

The association has the right possibly, but what about towing companies and patrols that the association want to forward that information too? I respectfully disagree. As of now we have never had patrols or towing and there still is no need.

But it sounds like there ARE no existing restrictions or covenants on street parking. And I think it's fine to provide a list of license plate numbers to a licensed towing operation. You can't even park your car these days in a commercial parking garage or lot without cameras surveilling your vehicle. No one has any idea what that surveillance is used for or who manages it. In an HOA you'd at least know the purpose for collecting that information and have some control over who has access to it. A vehicle pulls out of your community and has zero expectation of privacy. A crook could sit there and take pictures of everyone going in and out. A list of plate numbers is not a big deal. Now if the HOA proposed running those plate numbers through the DMV, or selling the list of numbers, or posting them publicly online, then I'd have a big problem with it.

They would not allow permits for residents. They are going to require they park off the street or outside the development. We have no parking garages, stalls, etc. just a regular tract of single family homes. We have no common area buildings, pools, etc. just a privacy gate . No guarded gate.
The intent of the single parking permit is only in response to my agruement that if my son has friends over and they drink and need to stay the night they would be issued a fine and/or towed. So in response they agreed to issue a single permit but if resident caught using they have proposed a $250.00 fine. These are all proposed so not set in stone just yet