Selective rules

Started by PamM10 • 7 replies • 598 views

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PamM10 (Texas)
Posts: 3

Posted:

Can anyone tell me, in the state of Texas, can an HOA make a special ruling for one street in a neighborhood? Originally the developer stated no one could ever park on a driveway at any time. Then to attract a new builder he changed the rules. So now anyone in the neighborhood can park on their driveway except for my street (we are part of a larger section). Is that enforceable?

SamE2 (New Jersey)
Posts: 310

Posted:

How long ago was it changed? Where is the rule written, what document? Was it changed according to the by-laws? Have you approached the Board about changing your street? Is your goal to have all streets allowed to park or none? I would think they can limit parking on one street as long as the changes were made legally.

PamM10 (Texas)
Posts: 3

Posted:

Well our HOA is just the developer and he made the change last December 23 in the HOA rules for the development. We've lived here 2 years and its never been enforced until now. So we are just trying to figure out if we have to move or if we can do anything. He's made it quite clear he has no intention of working with us, or anyone else, even though he had previously stated he would. Plus no one wants the no parking rule.

SheliaH (Indiana)
Posts: 6,964

Posted:

If the developer is still in charge, he/she may be able to make whatever rules he wants until the community is turned over to the homeowners. Did you ask the developer why the rule was changed (e.g. was there a traffic issue)?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

PamM10 (Texas)
Posts: 3

Posted:

We didn't have to ask. A new homebuilder came into the neighborhood and did not like that parking rule so he changed it to make them happy. Thanks for the response even though it's not what I was hoping to hear back.

SamE2 (New Jersey)
Posts: 310

Posted:

Do the HOA documents give him the right to change the rules whenever he wants? How long until the HOA is turned over to the residents? What is the penalty for parking in the driveway? I would probably park in the driveway and then when I got a notice of violation I would request a hearing and bring all the people that don't want the rule with me. You might be able to win this because the developer may not want to spend time and money fighting you.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Pam

If it was a rule, not a Covenant, then those in charge (the BOD, the new developer, etc.) can make a rule changing the rule.

SamE2 (New Jersey)
Posts: 310

Posted:

Quote:

Posted By JohnC46 on 10/22/2018 1:08 PM
Pam

If it was a rule, not a Covenant, then those in charge (the BOD, the new developer, etc.) can make a rule changing the rule.

But they can not make illegal rules. The question is can they make a rule that allows people to park in their driveway because the home has not been built or sold. It sounds like he is restricting the people that bought first or from a certain builder. I don't know what the outcome would be but certainly think it is close enough that it would be worth challenging.

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