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JillS8 (California)
Posts: 101
Posted:
Has anyone in California ever petioned the city or county to have the California Vehicle Code apply to the private streets of their association as required under code 21107.7? What is the process and the cost your association paid? What is the process and dud it make any difference?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Typically, many private streets are not up to code on width. This is one reason why many municipalities won't accept responsibility of the private streets.

Which specific aspect of the code are you concerned about?

In our Association, we contacted the local police and simply filled out a form letter to authorize the police to enter the streets to enforce the codes. Perhaps this can be done within your Association.
JillS8 (California)
Posts: 101
Posted:
It seems since we are a county area it has to be put on county meeting and approved. The association also has to give 10!days notice to members and I have read that a street survey must be done. Sounds expensive. Not as easy as just filling out a form. It will involve an attorney. Also
Has to be recorded with the county. Is it worth it?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Counties typically have looser rules when it comes to roads versus City. Which is the problem we ran into. Originally we were in the county when the development formed. Years later the city surrounded us. We incorporated into the city but our streets were NOT up to city codes. The width was too narrow and it was impossible to expand.

What we ended up doing is turn our streets "PUBLIC". Which meant many things both good/bad. We lost our homemade street signs and had to have the city ones installed. We had stop/yield signs installed as well. Had to lower some owner's fences and cut some trees/bushes blocking the view of the stop/yield signs. Minor modifications.

Our fire hydrants were a huge issue. Our streets were too narrow to support BOTH sides of the road parking. Plus our HOA forbids signs other than "For Sale/Rent". The city would had to put up "No parking" signs every few feet. Instead we went to the city to make an ordinance to PAINT our curbs instead. Making the Red side the no parking which coincided with the side the Fire hydrants were on.

It's important to contact your local CODES department you will be dealing with. We had talked to them about the process or code restrictions. I also took a tour with our local representative and fire marshal.(In the back of a police car LOL). They were happy we made the changes and helped us through the process.

I will say that we ended up with a sink hole. Luckily, we were able to call the city out to come fix it. Which otherwise we would have had to put the money up. So there was that benefit. However, giving up the "privacy" road does make some people uncomfortable. Once your roads go "public" you can't really enforce the HOA rules as much. Plus you have to CHANGE your documents to reflect what kind of roads you have instead of private. Another unforeseen expense you need to factor in as it's a contract that goes with the deed.

Former HOA President
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By JillS8 on 05/17/2017 4:37 PM
It seems since we are a county area it has to be put on county meeting and approved. The association also has to give 10!days notice to members and I have read that a street survey must be done. Sounds expensive. Not as easy as just filling out a form. It will involve an attorney. Also
Has to be recorded with the county. Is it worth it?

Unfortunately, the responses given are incorrect. The real answer is the California legal system, specifically the Superior Courts are not fond of HOA's.

If you do a Google search for Vehicle Code 21107.7 you might find information maybe useful to you.
JillS8 (California)
Posts: 101
Posted:
Thanks for all the input. I did search CVC 21107.7, as it states we must adopt in our CCRS, if we want it enforced in our development. Long process that will be expensive. A road survey would need to take place and that would cause the stop signs that the association put up to be taken down. Even we if adopted this statute, seems as though very litttle would be enforced anyway.
RichardP13 (California)
Posts: 3,868
Posted:
The Association I once lived in owned a private street that was used by a number of residents outside the communities it was originally built to serve. After years of excessive speeds on the street, the HOA paid for a traffic study that recommended stops signs at a couple of intersections. It then went from speeding to speeding and blowing through signs. We petitioned the local police to cite people violating the law because the whole of Los Angeles had free access to the road. LAPD would write tickets that the Superior Courts would throw out. In 2014, 4 kids were out joyriding in the late afternoon doing 100 MPH down a winding road. Two of them lost their lives and the courts turned a blind eye. Three months later the HOA installed speed bump AT the Stop Signs. Two months later, a bicycle was injured, not because they hit a speed bump, BUT because they had not intention of stopping at the stop sign. The Association, its Management Company and the City of Los Angeles are being sued for $20M.

The point I would make is that you could expend the monies to get the rules of the streets enforced, but will the courts stand behind you. Based on experience, that might be a problem.
JanetB2 (Colorado)
Posts: 4,219
Posted:
What you need to do is compare costs of getting the County to take over the streets vs. future costs of the HOA maintaining or replacing (including potential liability). Streets are not cheap to maintain and repair ...
RichardP13 (California)
Posts: 3,868
Posted:
Does anyone understand that when new construction was approved starting in 1999-2000 it was with the stipulation that much of the infrastructure was to be shifted to the HOA, even though they were also paying property taxes as well as maybe a Mello-Roos tax. I can only speak for California, but city governments found a way to shift what normally had been their to someone else. Many others followed suit.

We tried going to the City of Los Angeles about giving the street to them and their answer was...hell-no.
JillS8 (California)
Posts: 101
Posted:
In order for us to be incorporated into our "city" we are a unincorporated part of the city, we ended 100 percent vote in favor and it was abour two inches if paperwork. I agree with your statements.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By RichardP13 on 05/18/2017 6:11 PM
Does anyone understand that when new construction was approved starting in 1999-2000 it was with the stipulation that much of the infrastructure was to be shifted to the HOA, even though they were also paying property taxes as well as maybe a Mello-Roos tax. I can only speak for California, but city governments found a way to shift what normally had been their to someone else. Many others followed suit.

We tried going to the City of Los Angeles about giving the street to them and their answer was...hell-no.

Yes ... but some cities and counties are now finding that was not such a smart idea after all.

Too many HOA's (especially non-gated less expensive homes) have other people using the roads and HOA's generally not properly budget for road maintenance and replacement costs. Some cities are ending up with roads not properly maintained and used by public other than just the HOA owners ... with other Citizens complaining to the city and threatening lawsuits. Then when try to force large "Special Assessment" it either is not enough money due to max allowed per CCR's or Laws. Some people simply cannot afford such large assessments and cannot pay or will state they will walk away and file bankruptcy. You then would have dropping property values due to many foreclosures.

In my area new development roads must be built meeting local government specifications and money set aside from beginning for initial future overlay built into cost for when local government takes over after completed. That then gives them many years to budget for future road maintenance and increase property taxes appropriately over time. It ends up less future headaches and unexpected non-budgeted costs for roads not properly maintained by HOA's.

RichardP13 (California)
Posts: 3,868
Posted:
Janet

Yes ... but some cities and counties are now finding that was not such a smart idea after all.

Can you name a city or county that has changed their position? I know the City of Los Angeles hasn't and won't and they are as progressive ??? as they get.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By RichardP13 on 05/19/2017 1:26 PM
Janet

Yes ... but some cities and counties are now finding that was not such a smart idea after all.

Can you name a city or county that has changed their position? I know the City of Los Angeles hasn't and won't and they are as progressive ??? as they get.

Richard

As I pointed out my city changed position. My city has even taken over similar HOA irrigation issues for low income areas. While it may take a few years to recoup expenditure it is better than the alternative.

Potentially Los Angeles may have an issue with funding ... potentially many CA communities have financial issues same as their State. For a State who offers freebies for everyone you would think they would have learned their lesson by now after being virtually financially bankrupt. While you guys have the Mega Millionaire Movie Star Crowd when are the middle and lower class going to realize that they love the party who is giving them their mega tax loopholes??? If they did not have their tax loopholes via both Federal and State CA would not be in its financial position.

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