Outdated/Unenforceable Deed Restriction

The homes in my neighborhood were built in the mid 1970's. This was a time of smaller cars, smaller garages and a time where 2 cars in the family was not as common. There is a clause in our DR that essentially says that no vehicles can park in the driveway, all vehicles have to be in the garage. I have never known that to be enforced and I don't think it actually can be enforced with the size of some vehicles are today. There are a lot of multi-vehicle families now that have 4 or more cars.

I know we can go through the process of changing this. But everyone knows it's a fair amount of work. Is there any danger in leaving it in?

Thanks

Sorry....this is in the CCR's. Not deed restrictions..

Yes. A resident is making waves (hasn't brought the word "lawsuit" yet) because he isn't allowed to park his landscaping trailer in the driveway. We probably have the numbers to amend if it comes down to that. I know that is the best way to correct this but just wondering where we stand without an amendment.

Thanks

Changing CCRS is a lot of work, but as you note, the community has changed since the 1970s and sometimes you have to go ahead and make the effort to change - or change will be imposed on you if a judge rules the CCR is unenforceable - and you might not like it.

You don't have to tackle changing all the CCRs at once - it's probably a good idea to start with the section addressing parking. Landscaping trailers, RVs, big ass SUVs or monster trucks might be parked in the driveway, but what if they're too close to the street, creating a blind spot (and traffic hazard?)

Some people have turned their garages into storage units and don't have room for a car, so you end up with cars strewn all over the driveway and grass, which can be a problem. That's another item that may need to be addressed so you may as well tackle it now.

Start with checking the documents to see what it takes to amend the CCRs - usually a certain percentage of homeowners must approve, so you need to know now how many people will need convincing. Then run a homeowner poll asking their opinions on parking and suggestions on what should be changed. The board could also commission an advisory committee to explore the issue in depth and make recommendations to the board.

As an introduction, see:

https://guides.sll.texas.gov/property-owners-associations/ccrs

https://silblawfirm.com/real-estate-law/my-hoa-lets-my-neighbors-break-the-rules-but-not-me-help/

https://www.gregg-gregg.com/blog/2022/09/looking-at-the-abandonment-of-hoa-restrictions/

This is not something your HOA should want to spend $100,000 of attorney fees on. Unless some on the board are all about ego and want to take the HOA's fancy attorney out for a test drive so they can show off their power.