looking for good wording for new By-Laws

Started by PeggyH • 3 replies • 1281 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

PeggyH (South Carolina)
Posts: 36

Posted:

Does anyone have current By-Laws that state no overnight ON STREET PARKING? We are looking to add this in our By-Laws and I'm looking for the best way to word this.

Also we want to add to our By-Laws how we go about notifying and enforcing any violations of the By-Laws, including a notification letter, fines, appeals etc.

If anyone has these in their By-Laws that are written well, I'd sure like a copy of the wording.

ShawnaF (Colorado)
Posts: 84

Posted:

Actually our association looked into this as well. Our ByLaws DO state that we don't allow driveway or onstreet parking for pick-ups, commercial vehicles... However, look into this really carefully, and you might even want to consult an attorney for legal opinion. Within our association, the County controls the streets and they were conveyed to the County by the developer as required. So, with the County owning & controlling, they won't enforce the HOA rules.

We have an attorney opinion stating that we can NOT enforce this rule due to the ownership issues. However, there are a few court rulings (for instance in Virginia) where the HOA rules were allowed to be reinforced. Our Board decided to enforce the rule since that was the original intent of the developer as well; however, we were advised that having the legal opinion stating that we couldn't (and definitely don't shop attorneys looking for one to provide the answer you want), we likely would lose a court case for not following the advice of our attorney.

Not really sure this helps you, but maybe a starting ground for research.

PauG (Maryland)
Posts: 53

Posted:

What if a homeowner has guests that are staying overnight? Are you saying people cannot park their cars overnight in your community. If so, you should think about this more carefully. Plus if the streets are City owned, I don't think you can do that.

RogerB (Colorado)
Posts: 5,067

Posted:

Generally parking will be addressed in the CC&Rs and in Rules and Regulations rather than in By-laws. Following is an example:

Vehicles are in violation if they obstruct the flow of traffic or block driveways or sidewalks. It is a violation for trailers, boats, motor homes or other type recreational vehicles to be parked in view except for temporary loading and unloading. Emergency vehicles which weigh less than 10,000 pounds and display an official emblem are not prohibited if they do not impede the safe and efficient use of streets. It is recommended that vehicles shall be parked first in the garage with overflow parking in the driveway. Street parking is allowed when the garage and driveway are full of vehicles and/or when an owner has guests. Garage doors shall be closed when not in use.

Enforcement of violations to street parking can be done if the restriction was preserved on the plat when the streets were dedicated for public use.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here