Enforcement

We are back at it with no street parking between 3:00AM and 5AM. We own our streets. There are NO Parking restrictions in the DEED RESTRICTIONS.
Some board members refuse to listen to attorney advice and are insisting they want to enforce a no parking rule between 3:00 and 5 AM., hire a security to patrol tag and then hire tow company to tow. The agruement against is, it serves no purpose, is more restrictive than our CCRS that have zero parking restrictions, and under CA law under Davis Sterling Act , Enforcebility it states ... Because rules are changed from Board to Board, they are not presumed reasonable. If a rule is challenged in court, the board must convince the court the rule is not arbitrary, arbitrarily violate the public policy, or impose a burden that outweighs any benefit.

Does making people park outside our community, when we have ample street parking, constitute a burden? Some say yes, because owners have a right of ingress, egress,and support and nonexclusive rights to the common area.

What does this mean.? Can't find a reason for this parking rule except some board members "going after" 1 owner, with large family that have several drivers and vehicles. Trying to do what is best for community without spending money and having patrols and tow trucks in our community during the night.
Any input is a great help Thanks

It sounds like you have a good argument and are asking the right questions. Based on you statements, I doubt the board would be able to defend this policy in court.

The only thing I would add is that generally a board has more authority over common areas than member owned private property when the CC&Rs are silent. For example, if the CC&Rs are silent on parking on member owned private driveways, then the board would have no authority to create new rules, but if the CC&Rs are silent on common areas like HOA owned streets, they would be able to create rules, as long as they follow state law and governing documents on creating rules.

Does this Rule actually exist now, Jill?

For, CA, if it's new see: "Civil Code §4365. Veto of Rule Change by Members.

(a) Members of an association owning 5 percent or more of the separate interests may call a special vote of the members to reverse a rule change.

(b) A special vote of the members may be called by delivering a written request to the association. Not less than 35 days nor more than 90 days after receipt of a proper request, the association shall hold a vote of the members on whether to reverse the rule change, pursuant to Article 4 (commencing with Section 5100) of Chapter 6. The written request may not be delivered more than 30 days after the association gives general notice of the rule change, pursuant to Section 4045."

There is more to this CCC than I copied, so you want to read the entire code on this point, Jill.

We are at a crossroad with enforcing fines on violations. One homeowner disputes that the board doesnt have the right to make rules and regulation. Where can I find in writing that it is the duty of the board to do so? I have searched the Florida 720 statues over and over.

You need to start a new thread or maybe two, Rhoda. Your two topics are unrelated to the topic embedded in the original post.