what should be my first step? apparent rule not being enforced

Go to your board meetings. Get involved. Volunteer to be the enforcer...

Paul

Does your CCRs specifically state that garages are used exclusively for parking cars? Does it have a section specifically stating no junk, no refrigerators, etc.? I have read my share of governing documents and have never seen the junk prevision, but, hey, I could be wrong.

A provision parking vehicles in garages has to do generally with a community lacking outside parking spaces.

If you feel they are not enforced, you have a couple of options. One, run for the board and get a majority of board members that are willing to enforce the CCRs they way you want. two, enforce the CCRs on your own and on your own dime. Your CCRs will have that clause in it for you.

You wouldn't want to see my garage, but then I don't have restrictions where I live. You tend to have more crap with more kids and getting older. Just a fact of life.

Welcome to the forum, Paul. I think I'd like a little more info about your situation.

With others, is this is a problem concerning street parking?

Or is it you don't like seeing the junk in the garages when their doors are open?

Ill try to answer your questions in the order they appear. first im in california, and efforts have been made, a letter persuading people to park in their garage was taped to the community mail box. And the impact is this. each family has two spaces in their garage and two spaces in their driveway, yet these people prefer to park their cars in front of my house. So the problem is our neighborhood street looks like a car lot. here is what the ccr says: garages may be used for storage purposes so long as such use does not prevent vehicles from being parked in the garage. I've read about no waiver clauses and relinquishment of rights. I havent found out if my hoa has a no waiver clause. I can become a board member next week, but If I become a board member would I lose my right{standing} to sue the board in small claims court? so hopefully you can advise me on my first step, if you have more questions please ask and thanks

Report this to the property manager.

Does it say anything about street parking for residents or guests?

did this hoa state that garages are to be used for parking etc. similiar to what I have quoted from my documents? My complaint is that people are using their garages for storage purposes that does prevent vehicle(s) from being parked in the garage.

Do you live in a gated community? It's virtually impossible for an HOA to enforce rules against street parking unless you have a gated community and the streets are private property.

How do you propose to track down the owners of these vehicles?

How do you propose to enforce these parking rules?

How do you propose to force people to clean out their garages?

What do you think the Board could do that they are currently not doing?

What do you think a lawsuit against your HOA would do to immediately solve the problem of people parking on the street near your house?

If you're cited your CC&Rs (covenants) exactly right, Paul, residents must park in their driveways or on the street.

Paul wrote: "Other parking rules are mentioned: autos must be parked properly within the project to ensure the following...adequate parking for visitors... preserving the aesthetic quality of project." Is this in your convents too, Paul, or in some rules??

Either way, it appears your Board isn't enforcing your conveants & rules. Since you're in CA, you may express your dissatisfaction with the repaired violations of your convents and rules at the open forum required by AC for board meetings.

OR, you can write to the board and ask them to place this problem on the next board meeting agenda and discuss a solution. How often does the board meet, Paul? do you have a proerpty mgr. who's supposed to enforce the rules & covenants?

Does your HOA have a Schedule of Fines?? The Board cannot call an owner to a hearing and fine them $x/day for the time their garages don't accommodate their cars if there is no Schedule of Fines. I think this schedule must be sent out to Owners every year with the annual letter about your HOA's budget.

So trying to get the Board to deal with the violations is your first step. If you know of other neighbors troubled by these violations, get them to come to board meeting with you to also speak during open forum.

There were also other steps to take before you ever should consider small claims court. Please visit davis-stirling.com re: the steps needed to fine Owners in violations of the rules, and other related topics: mediation &b arbitration, for instance. This site is compiled by an CA HOA law firm and is very valuable

Kerry those parking rules are also in our ccrs. thanks for the tips, does anyone happen to know if I become a board member would I lose my right to seek legal action? thanks

If the HOA owns the road, they might be able to tow cars. An HOA can't tow from a public street, that's why I asked.

Any HOA rule is a challenge to enforce, unless the Association is willing to and can afford to spend lots of money on legal fees.

It sounds so easy to say "the board should enforce the rule". But it's actually very difficult to force people to do something they do not want to do.

Let's say the Board begins vigorously enforcing this rule. First - how do you know the garages are full? Just because cars are parked outside? Is someone going to go door to door and ask owners to show their garages to the Board? What if they refuse? Is a Board going to wait in the street to catch a glimpse when it's open?

But let's say yes, the Board is able to see that the garage is full of stuff and they send a violation letter, but the homeowner refuses to comply. Then what? Does your HOA have a fining policy? Let's say that they do, and they start levying fines. But the owner still refuses to comply or pay the fines. Then what?

Do you know what the schedule of fines is used for? Do they actually have a Parking Policy or Parking Rules. Just because the CCRs state garages are to be used for the storage mean absolutely nothing, UNLESS there is some actionable penalty for not doing so.

I have handled many associations over the years and while we do collect information on vehicles, its not mandatory. Never had the man power to do such. You may, but then you have a onsite manager, with assistants(s), and your parking is within a confined area.

Parking issues, from my experience, arise in the evening time, when people get off work and all cars are generally back on the property. Who is going to patrol the streets to determine who is a resident and who might be a guest. You need stickers or placard for that.

Because of posting rules we don't allow HOA names, thereby not being to find some of the information on our own.

If you are a “Private Road” which the HOA maintains and not the local government ... then the HOA can regulate “Private Property” which could include the roads. Do your HOA assessments cover maintaining the private road???

JMO I think it's going too far to force people to park in their garages. If they want to use their own driveway, I would not view that as a problem.

OK, well Paul is stuck on them using their garages.

Paul wrote: " each family has two spaces in their garage and two spaces in their driveway, yet these people prefer to park their cars in front of my house."

It's the rule that residents' cars must not use spaces normally meant for visitors.

Since there are any steps t you can take, Paul, before you consider some sort of legal means, why not get on the Board? But first you might want to see the current composition, try to determine if you can work with them, etc. What size is the Board?

Unless there is a specific rule that says they can't, they will and can.

Actually, I don't need anything. I don't have the problem with people parking in front of my house.

Barbara's post are real life posts. Kind of like so OK you are right but what can be done? In SC we can lien for unpaid fines but not foreclose for such thus not the ultimate punishment.

Richard mentioned something that wasn't really talked about. Unless I interpreted it wrong.
"You tend to have more crap with more kids".... How many people with kids have moved into a Condo or HOA with parking limitations? You bring 3 kids with you. They turn 16-17. They all get their own car. Where can they park?