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JustinG1 (Arizona)
Posts: 3
Posted:
Prior to this rule residents were able to park their third car in front of the house if they had no more driveway room or garage space. We now have a rule that is in place for no street parking between 11pm and 6am. My question, are the residents who were there prior to this, granfathered in? Allot of residents with a third car or those who cant afford the ext to the driveway are pretty upset. Thank You
TimB4 (Tennessee)
Posts: 21,061
Posted:
Grandfathering is not automatic.
Grandfathering only exists if the rule specifies.

Question: are the streets public or private (i.e. who maintains them)?
JustinG1 (Arizona)
Posts: 3
Posted:
The County does as were unincoperated.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Justin

It is my opinion that public roads or not, if the Covenants had stricter/tighter parking restriction then the local authority has then the fact that buyers agreed to the stricter/tighter Covenants means the Covenant restrictions stand for them.

Like the city says overnight street parking is allowed but the Covenants overnight street parking is not allowed, then overnight street parking is not allowed for those that signed the Covenants. Someone else (not a Covenant signer) could park overnight.

If your Covenants did not have stricter/tighter restrictions then the city has, the BOD cannot implement such.

JustinG1 (Arizona)
Posts: 3
Posted:
Okay, let me ask this then. If an HOA doesnt enforce these restrictions for many years, then one day decides to start enforceing them, are we obligated to follow these restrictions?
DaveD3 (Michigan)
Posts: 796
Posted:
Do the governing documents grant the authority to restrict street parking?
If no, then the HOA has no ground to stand on at all

Was your declaration filed after December 31, 2014?
If yes, then the HOA has no ground to stand on at all

TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By JustinG1 on 10/03/2017 7:06 PM
Okay, let me ask this then. If an HOA doesnt enforce these restrictions for many years, then one day decides to start enforceing them, are we obligated to follow these restrictions?

YES

Unless you want to petition the court to invalidate the covenant for lack of enforcement (and have proof of such).
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JustinG1 on 10/03/2017 7:06 PM
Okay, let me ask this then. If an HOA doesnt enforce these restrictions for many years, then one day decides to start enforceing them, are we obligated to follow these restrictions?

Yes.
GeorgeR8 (Arizona)
Posts: 182
Posted:
Check your local laws first. I live in an unincorporated area in Arizona and no on street parking is allowed though it is rarely, if ever, enforced. Half the people here don't even know it isn't allowed since they have been doing it since they lived here.

GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By JustinG1 on 10/03/2017 7:06 PM
Okay, let me ask this then. If an HOA doesnt enforce these restrictions for many years, then one day decides to start enforceing them, are we obligated to follow these restrictions?

Yes.

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