Covenants / Rules and Regulations ?

Our covenants state:

"No Automobile, Truck, motorcycle, boat and trailer, trailer, house trailer, mobile home, camper, or other similar vehicle shall be parked on any street (including the right-of-way) overnight or for a continuous period of time in excess of ten (10)consecutive hours, except in designated off-street parking areas."

The question is: Can the board use the "rules and regulations" to define this covenant and post "no Parking Hours" or do we need to ammend the covenants?

We get conflicting advice from our attorneys. They said we need to ammend the covenants?
We are at the point that we do not know "who to believe and what the board can or can not do"

Joan:

If it is stated in your documents then the board can place R&R on it. From what I see that you posted I agree with Donna that the board can place restrictions without amending.

Joan,

IS HE SERIOUS? Cheezzz! Okay, if that is his "out" on the wording, then you can add this to the Rules and Regs because you may strengthen a covenant but you may not lessen.

o·ver·night (vr-nt) I Googled this

adj.
1. Lasting for, extending over, or remaining during a night: an overnight trip; an overnight guest.
2. For use over a single night or for a short journey: overnight supplies.
3. Mailed for guaranteed delivery on the next day: an overnight package.
4. Happening as if in a single night; sudden: an overnight success.
adv. (vr-nt)
1. During or for the length of the night: Let the meat marinate overnight.
2. In or as if in the course of one night; suddenly: became a sensation overnight.

Donna
I know what you mean. Its what they call easy money.......BUT if the rest of the board just won't trust and cannot decipher the statutes thats what happens ... I GUESS THATS HOW THEY MAKE THAT EASY MONEY..

JoanT and I must be using the same lawyer!!!!

Went through a similar process to determine if our covenants were enforceable. He suggested that we clarify the meaning of 'overnight'. After receiving the bill, I suggested he define the meaning of the word 'is'.

So, we have the rule, but to enforce it, we have to go to the lawyer, take the guy to court, await judgment and probably never see a dollar.

Is this the way to run an HOA?

JoanT: Your covenant posting is somewhat clear but, ambiguous as well.
It states no vehicle (listed) can be parked on any street overnight or for a CONTINUOUS PERIOD in excess of 10 consecutive hours; but you can park in designated offstreet parking areas for any length of time....

This is a VERY DIFFICULT regulation, as it reads now, to enforce. WHO is going to monitor the 10 consecutive hours, and report the violator at the 11th hour; WHO is going to be on 'patrol' at night to ensure that the overnight parking does not exceed 10 hours total?

I agree that your community needs to define or change the restriction as it reads. To change the covenant requires a percentage of membership vote to pass.