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CC&R Rule Enforcement -vs- County Owned Roads

Started by HowardB3 • 8 replies • 481 views

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HowardB3 (Nevada)
Posts: 6
Posted:
Our HOA CC&R's are very specific about " no parking" for commercial/RV vehicles and/or trailers in our community. Furthermore, specific rules to parking of RV campers are only allowed to be parked for no more than 48 hours for the "loading and unloading process." Recently, a homeowner has challenged the enforcement of the CC&R's due to our community not being a gated community, so the roads are owned by the county, so just as long as the unit is properly licensed, the CC&R's are not enforceable?

Thank you in advance for any feedback on this issue.
AugustinD
Posts: 5,144
Posted:
By my reading, even though these roads are owned and maintained by the County, as long as the roads are "withing the common-interest community," the HOA has the right to enforce parking rules where said rules are reasonable and consistent with the HOA Declaration.

From Nevada statute section 116.3102:
=== Start Excerpt ===
[The HOA] May direct the removal of vehicles improperly parked on property owned or leased by the association, as authorized pursuant to NRS 487.038, or improperly parked on any road, street, alley or other thoroughfare within the common-interest community in violation of the governing documents. In addition to complying with the requirements of NRS 487.038 and any requirements in the governing documents, if a vehicle is improperly parked as described in this paragraph, the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle, unless the vehicle:

(1) Is blocking a fire hydrant, fire lane or parking space designated for the handicapped; or

(2) Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community.

=== End Excerpt ===

See https://www.leg.state.nv.us/nrs/nrs-116.html#NRS116Sec3102

Enforcement of Nevada HOA parking rules is discussed at many sites on the net.

SheliaH (Indiana)
Posts: 6,964
Posted:
AugustinD gave you a good head start, but because this really is a legal question, you need to run this past your association attorney.

Note that statute mentioned things like blocking a fire hydrant - considering their size, many HOAs (like mine) have these rules because they're heavy and create more wear and tear on the concrete, hog up available parking for everyone else, create blind spots that can lead to accidents and can make it difficult for fire trucks and ambulances to get through because the size also narrows the streets.

It might be fun to note all this to this homeowner and then ask him for suggestions on how the community might allow RVs and what not while avoiding such problems (a lady may have asked this, although I've noticed it's usually men who complain about stuff like this!)
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BenA2 (Texas)
Posts: 1,273
Posted:
My first thought is that it's ridiculous for CC&Rs to control what happens on a public street but I've heard that, in some states, the courts have upheld such rules, while others have not.

If someone can't find a specific precedent in Nevada, I would consult an attorney.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By BenA2 on 08/13/2020 9:49 AM
My first thought is that it's ridiculous for CC&Rs to control what happens on a public street but I've heard that, in some states, the courts have upheld such rules, while others have not.
This is also what I have read. I agree with BenA2 and SheliaH that consulting an attorney would be wise.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By BenA2 on 08/13/2020 9:49 AM
My first thought is that it's ridiculous for CC&Rs to control what happens on a public street but I've heard that, in some states, the courts have upheld such rules, while others have not.

If someone can't find a specific precedent in Nevada, I would consult an attorney.

The argument is that the owners agreed to abide by the "rules" when they agreed to obey the Covenants.

That said, a non-owner as in one the Covenants do not cover only has to abide by local municipality rules.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Howard,

The CC&Rs are considered a contract.
Hence, they can apply to all who are part of the contract.

The HOA can not enforce such a rule on non-members - meaning if I live on a side street not part of the HOA, I can park my RV on your street and nothing can be done.

NOTE: It's typical that members are responsible for the actions of their guests, tenants and family members. Therefore, you could bring action against the member for violations but I'd check with an attorney prior to towing a vehicle that your not sure belongs to a member or their family.
HowardB3 (Nevada)
Posts: 6
Posted:
Thank you to all who responded! Unfortunately, When the Sheriff Dept. and HOA lawyer were brought into this, the end conclusion is that an HOA's CC&R's cannot restrict a legally licensed trailer/vehicle to park on a county owned road. Bummer....

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