CCR vs. Rules and Regulations

In our CCR it states that Boats, Commercial Vehicles and Recreational Vehicles can only be on a lot if: in an enclosed area, to the rear of the house or otherwise appropriately screened from view from the street.

My question is: Can the BOD state in the Rules and Regulations or ACC Guideline Standards that "parking a motorized vehicle on any grassed area is prohibited"? Example: A commercial vehicle that is parked to the rear of the home but is parked in the grass/yard area. Can it be stipulated in the R&R or the guidelines that any automobile needs to be parked on a concrete slab?

Any opinions on this matter is appreciated.

Thank you!

Thank you for your response! We don't want to change the CCR as it states "to the rear of the home". Just wanting to verify that we could put in the R&R and guidelines a more detailed description on where one can park a vehicle. Can anyone just park a commercial vehicle in the yard as long as it is "to the rear of the home"? We wanted to put more of a specification for not parking in the grass but on a concreted surface.

Thank you,

We do have details set, time frames and fining information. Our CCR states that the BOD can create and change at any time the Bylaws and R&R guidelines. I know that a CCR can state you can't have more than 2 dogs but the R&R can give a weight per dog. That is what I was wanting to verify. Can we as a Board give a more specific description to the CCR and be able to enforce it. We do not have to have our R&R guidelines filed with the county. Our documents state at any time the current BOD or if a new BOD wishes to change items specified in the guidelines they can do so.

Do these rear-of-home areas belong to the HOA? Or, to the home owner?

And like LetA, I'm curious too about your need for such a rule, Dinah.

Rules created through the authority of the CCRs have to be "fair and reasonable and that goes for all states. If not, then you would the CCRs, not by the majority of owners, as one stated, by by then percentage outlined in the CCRs. Making people put in the expense of a slab of concrete because of ONE neighbor is not reasonable.

In regards to pets and changing the size, again, same scenario. It might be considered fair if you were changing to no pets over 15 lbs and the complex was a condo, but it wouldn't be reasonable to have the same limitations on single family detached one acre lots.

Dinah, the answer to your basic question is possibly: Yes the Board can establish a rule or guideline which says "No parking on the grass".

Depending upon the language in your CC&Rs, the Board may be empowered to establish "reasonable guidelines"; similarly, "unless determined otherwise by the Board" language may be present. There are other constructs under which boards may develop guidelines which may be considered more restrictive than the base language in the documents. The extent to which the Board may develop, publish, and place into effect guidelines has to be evaluated, possibly by an attorney who specializes in HOA matters, to determine what the Board may or may not do with confidence should there be a challenge.

The other fly in the ointment may be language in your local property code which imposes conditions regarding parking the RV or boat in the front yard, back yard, side yard, viewable from the street, running condition, current license and registration, etc. Your CC&Rs may also impose similar conditions. Several local cities in this area absolutely prohibit parking anything with wheels on the grass larger than a Radio Flyer red wagon or a bicycle.

It is not easy to interpret association governing documents. It is usually not wise to extract a sentence and base an argument, interpretation, or discussion on a sentence or provision alone without considering the totality of the empowering or limiting language within the CC&Rs or other governing documents.

It sounds, Dinah, like this lot owner isn't following your existing covenants: "the home in discussion is not fenced or screened by trees," is that right?

I can see that your question would seem to be simple, but as you can see in Bill's reply things probably are more complicated. But, it seems to me you might be able to and, with Richard, no need for an Owner vote as you may not need to change your CC&Rs at all.

Dinah

Establishing a minimum or maximum square footage could be an issue. Yes the ACC could set up some guidelines (size, materials, etc.) under which they will approve an out building so maybe that is how to control it. I have seen an ACC get in trouble for not approving any out buildings but rarely for setting guidelines.

I must warn you out buildings and motorhomes/trailers, etc in backyards has the potential for making a trashy looking neighborhood. Myself, I would allow neither.

In this case the board would have no authority to enforce the size of the dogs since the CC&Rs don't mention it. If the CC&Rs stated you could not have "large dogs" then in some states the board could use the guidelines to define how big is "large" but in some states they would not. For example, in Texas if the restriction is ambiguous, the courts have to rule in favor of the free use of land (in favor of the owner).