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AngelaG8 (Georgia)
Posts: 17
Posted:
Hello All. As of late we have had homeowners put in modifications to extend their driveways so they won't have the need to park their cars on the streets. As a board we have approved such request for homeowners who have requested to extend their driveways modestly (2-3 feet out). We have recently had a couple of homeowners ask to extend their driveways approximately the size of their original driveway (18ft x 32 foot and 17 ft x 20 ft). We plan to decline their requests as we feel that this is overboard and would compromise the integrity of our community which could affect the value of our homes if potential buyers see such inconsistency. We also feel that if we allow this it would set a precedence that will set off an avalanche of homeowners wanting to do the same.

I would appreciate any thoughts on this subject.

Thank you
Angela
TimB4 (Tennessee)
Posts: 21,061
Posted:
The only advice I have is:

If you allow a longer extension for some, you will have to allow a longer extension for others.

Knowing nothing about your development, I don't think anyone can really give you an informed opinion.

Personally, I would rather see vehicles, boats, trailers and RVs parked in driveways then on the street or in the yard, as this gives a better impression.
CathyA3 (Ohio)
Posts: 6,299
Posted:
You should check for things like drainage requirements. Increasing amounts of concrete will mean increasing amounts of runoff during storms, and the trend is toward bigger storms that dump much more rain. Areas that weren't flood zones before suddenly are. Are there local regulations about this? Are your storm drains up to handling more water?

It's not just esthetics, in other words.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Cathy brings up a good point.

Here is some info I found:

Residential Driveways from Georgia Dept of Transportation

there are also more specific documents for permits based on counties and municipalities.

Also see:

Subject 391-3-16 RULES FOR ENVIRONMENTAL PLANNING CRITERIA from the State of Georgia, which says (in part):

"Impervious Surface" means a man-made structure or surface which prevents the infiltration of storm water into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, or patios.

The impervious surface area, including all public and private structures, utilities, or facilities, of the entire water supply watershed shall be limited to twenty-five (25) percent, or existing use, whichever is greater.

Therefore, as Cathy said, the Board (who is granting extensions of driveways) and the owners (who desire extending driveways) need to check with their local building permit office.
SheliaH (Indiana)
Posts: 6,964
Posted:
Tim and Cathy's approach is a good one. Go ahead and deny the request and offer an appeal - I'd express concern about drainage, etc., which would put the burden on the homeowners to explain why this should be allowed.

Even better - the board could publish an article expressing its concerns and announce it will do further research on the matter, and then consider a board resolution clarify what will and won't be allowed. Make sure your documents contain language that allows the board to make resolutions to flesh out the CCRs (they can't ovverrule them) and quote that section so people can't claim you're just making things up. Until then, this won't be allowed.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AngelaG8 (Georgia)
Posts: 17
Posted:
I appreciate everyone's input! Definitely food for thought. Actually as a board we have expressed that we need to set a standard so all will be informed such as putting in a stipulation on our modification form that driveway extensions cannot extend out more than 3 feet (so far the requests that we have approved have been no more than 3 feet). As Cathy mentioned, "It's not just esthetics" that we need to be concerned about, drainage is an issue we should bring to the attention of everyone as well. Thank you Cathy for the Georgia links for more information around the subject.

Since we have already approved modest extensions of driveways we can't go back and say folks can't do it and we do appreciate that folks are trying not to park on the streets as the reason we approved. But what we cannot do is approve huge installations of concrete throughout the neighborhood. We are willing to approve the recent requests for no more than 3 feet out as an amicable solution. Thank you all again.
KerryL1 (California)
Posts: 14,550
Posted:
Agree with Shlia. The Board needs to set a policy for its Architectural Guidelines if your have such a document. Otherwise just a nice solid Board resolution.

To my way the thinking, huge driveways with 4 or more vehicles parked in them is NOT aesthetically attractive. I lived next door to such a home and their driveway/front of their house often looked like a used car lot
KerryL1 (California)
Posts: 14,550
Posted:
Agree with Shelia. The Board needs to set a policy for its Architectural Guidelines if your have such a document. Otherwise just a nice solid Board resolution.

To my way the thinking, huge driveways with 4 or more vehicles parked in them is NOT aesthetically attractive. I lived next door to such a home and their driveway/front of their house often looked like a used car lot!
AngelaG8 (Georgia)
Posts: 17
Posted:
Thank you all!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Angela

Are you talking extending or widening the driveway? If extending, then extending where?
LoriM15 (Florida)
Posts: 1,009
Posted:
We allow driveway extensions only to the full width of the garage building , which is usually about 3 feet on either side beyond the actual garage door opening. On some of our lots the extension could be bigger but we tried to be consistent. We didn’t want people paving a large portion of their front yard.
AngelaG8 (Georgia)
Posts: 17
Posted:
Thank you all very much. This feedback has been very helpful!
AngelaG8 (Georgia)
Posts: 17
Posted:
Thank you all very much. This feedback has been very helpful!
AngelaG8 (Georgia)
Posts: 17
Posted:
So we have put together a Board resolution that stipulates that driveway extensions are not to exceed 5 ft wide. Since then we have denied a homeowner's request to extend their driveway 17 feet wide. They are very upset and is complaining that this resolution should have been a community wide vote. Our management company has explained to them that the community voted on the Board to make sensible decisions for the community. With that said, I don't think an HOA board is obligated to have a community wide vote on every decision we make. As such, I'd like anyone's feedback on this issue. Thank you.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Who says the board is responsible for getting the general membership vote? I would tell the person to follow the rules about setting up a special meeting or gathering the votes to make a rule change(s). It is NOT a board responsibility to make it happen. All the board does is approve and file the changes once the correct amount of votes are gathered and signed etc... Simply put, make them do the work if they want it done. Nobody is stopping them from doing it. If it gets done with the I assume 51 - 100% general membership approval requirements (Whatever it is in your docs) then board will do it's part.

If they don't want to do it? Oh well they have the opportunity. What they do with it is up to them...

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Your MC is right and give them a good explanation. Board are elected by Owners to make decisions. The only exception might be if. there's worthing in your CC&Rs that names matter that must be decide by Onwnrs' votes. You'll see elections of directors and perhaps limits to how much dues can be raised annually. But there MIGHT be some other items. Take a look.
KerryL1 (California)
Posts: 14,550
Posted:
Your MC is right and provided a good explanation. Board are elected by Owners to make decisions. The only exception might be if. there's worthing in your CC&Rs that names matter that must be decide by Owners' votes. You'll see elections of directors and perhaps limits to how much dues can be raised annually. But there MIGHT be some other items. Take a look.

You ro the Mager might politely ask the owner to show the section of your governing documents that gives owner the right to vote on such matters.
CathyA3 (Ohio)
Posts: 6,299
Posted:
As others have said, if the board is making decisions in accordance with your governing documents, then a community-wide vote would be inappropriate. HOAs are corporations, which means the board is the decision maker. Not only do corporate statutes require this, think about it. The board has a fiduciary duty to act in the best interests of the community. Homeowners have no such duty and can act in their own self-interest, even if that self-interest is contrary to the well being of the community. Who would you want to make these decisions?

Hardscaping in particular isn't just an aesthetic decision. It will affect storm water run-off, and there could be local laws and requirements around this. The typical homeowner probably won't know about these things, and probably won't care (unless his own yard is getting flooded every time it rains, in which case he will care very very much and will raise Cain with the board).

That said, if the board were considering a significant change, then it could make sense to poll the community to see what people think. But... the board is not obligated to do this, and the community "vote" is not binding. The board could still do what they believe to be the best course of action. (My rule of thumb: the only thing people hate worse than not being asked for their opinion is being asked and their opinion being ignored. Let that guide you.)
MichaelS56 (Minnesota)
Posts: 859
Posted:
Who is responsible for the driveways? Owners or HOA. Are the owners looking to expand their driveways onto common grounds?
AngelaG8 (Georgia)
Posts: 17
Posted:
Thank you so much Cathy43 for your input. I agree with everything you have said.
AngelaG8 (Georgia)
Posts: 17
Posted:
Hello MichaelS56. THe homeowners are responsible for their driveways. The homeowners are not looking to expand to the common grounds.
AngelaG8 (Georgia)
Posts: 17
Posted:
Thank you KerryL1.
AngelaG8 (Georgia)
Posts: 17
Posted:
Thank you MelissaP1.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By AngelaG8 on 02/20/2024 2:45 PM
So we have put together a Board resolution that stipulates that driveway extensions are not to exceed 5 ft wide. Since then we have denied a homeowner's request to extend their driveway 17 feet wide. They are very upset and is complaining that this resolution should have been a community wide vote. Our management company has explained to them that the community voted on the Board to make sensible decisions for the community. With that said, I don't think an HOA board is obligated to have a community wide vote on every decision we make. As such, I'd like anyone's feedback on this issue.
The board // is // obligated to have a community wide vote on any decision that amounts to an amendment of the declaration.

You would have to post the wording in the declaration pertaining to restrictions on the lots; when HOA architectural approval is required; et cetera to get an opinion on whether an owners' vote is (and was) required here.

I hear you about your concerns that there is history with this HOA approving extensions in the past. But before addressing the latter, I think the wording in the covenants needs to be presented.

I do not think much of the Management Company's response. It should have been more like, "With some caveats, the community voted on the board to make sensible decisions..." Fact: The board cannot lawfully do anything it wants. The board must operate within the four corners of the Declaration, for one.
AngelaG8 (Georgia)
Posts: 17
Posted:
Hello ElleN Thank you for your feedback. Our decision is not an amendment to the declaration.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By AngelaG8 on 02/21/2024 7:52 AM
Hello ElleN Thank you for your feedback. Our decision is not an amendment to the declaration.
I think the question is whether the decision exceeds the board's authority. For example, if the covenants are silent about xyz, the board cannot lawfully create rules concerning xyz.

I also wonder whether a city a permit was required when owners added impermeable surface. Adding impermeable surface affects drainage. Drainage (including impermeable surface) is massively regulated by cities.
DeanJ
Posts: 1,786
Posted:
This is where having written design standards are useful.
MarkR22 (Arizona)
Posts: 1
Posted:
Interesting, we have guidelines in our CC&R that actually state residents must 1st park vehicles in their garage and once that has reached capacity (2 vehicles) then park on their driveway. These are homes no larger than 4 bed 2400sqft.
We also have rules about garages only being for vehicles and some storage, anything else is not permitted.
We dont yet enforce the garage but we do warn people parking on the street (streets are private HOA owned)

for the 1/3 of homes that do not have their front yards maintained by HOA (extra assesment) we have allowed minor extensions of only 18" so they can get trash can down driveway if 2 cars parked in it
ND (PA)
Posts: 792
Posted:
To add to the discussion and for consideration ... a driveway extension does not necessarily need to be an impermeable surface (like concrete and typical asphalt). There are numerous ways/types of creating a driveway extension with surfaces/materials that are totally/partially permeable. Just something to consider if trying to make the argument of denying because an extension is assumed to be impermeable.

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