Religious gathering at member home

Michael:

You can ask the homeowner any question you want, they don't have to respond to you. The only angle I can the association having a legit complaint with is if parking on streets is addressed in your documents. In case the board isn't aware there is a Freedom of Religion clause in the first amendment. Instead of coming out guns a blazing at this homeowner perhaps the board should sit down with them and explain their concerns and work with the homeowner to find a solution. Perhaps they can park 4-5 cars in their driveway. Perhaps the people can carpool and not have as much traffic. Maybe they can park outside the association? Or maybe a neighbor or two is willing to let them park a couple cars in their driveway. That would be my suggested course of action.

Michael,

Brad makes some very good points and offers good suggestions on how to deal with the parking issue. I am not in favor of Bians suggestion to enforce the parking restrictions, if there are any. Parking restrictions should only apply to vehicles that are parked illegally on a regular basis -- every day! People have parties all the time; this particular family has religious meetings in their home. Their guests should not be subjected to parking restrictions. I am not a fan of parking on the streets (we have parking restrictions in our HOA), but I'm also not a fan of a board getting too carried away in enforcing rules ridiculously so. I've heard stories of a homeowner getting a violation notice because the visiting nurse parked on the street every day. Board members must use common sense in enforcing these restrictions.

mary, all i meant was that if the HOA has restrictions on parking here, there, numbers, times, etc., they should be enforced fairly, regardless if the meeting is held by religious groups, amway salesmen, football partiers, etc.. the REASON for the parking shouldn't allow one group to be treated differently than another, unless you are ready to allow that exception all the time (new babies, funerals, etc.).

Bruce, Michael, how do either of you know for a fact this is not the case, if no one has asked the fire department about it?

". . .the parked cars cause a hazard to possible emergency vehicles. (which is not the case) "

15 cars parked up and down the street, in a private, gated community (which, more than likely DOES have parking restrictions, but that's another point altogether), 3 hours a day, 2 times a week, EVERY WEEK.

What happens with OTHER homeowners, not just ONE, needs to park on the street during those times for some reason?

In addition, the timing and frequency does appear to be "habitual" to me. . .

But, again, we weren't asked that.

We were asked if they can ask what is going on, (sure, one can ask anyone anything if they feel so inclined), and if they can tell them to stop it (whatever "it" is), which they may or may not be able to do, depending on what the CC&Rs say about parking.

I'm wondering if this is someone from the board or if Michael is the member who holds the "religious" activity and is possibly trying to get support for not having to move the cars or stop the activity that is habitual and is causing the "potential" traffic hazards that he really can't know are hazards for emergency vehicles or not.

Just speculating.

Michele,

True, we only have Michael's word that the parking does not create a hazard, and that is likely his opinion. (And, he probably should ask the EMTs, police, and ambulance drivers, too.) You also have another good point, we don't know who Michael is.

One of the things I've seen quite often on this forum is that you sometimes don't get the full story with the initial question. The more questions you ask in return and the deeper you probe, new information gets uncovered which sometimes paints a picture that is entirely different from the one you started with.

Upon further thought, in line with your question of whether Michael is the homeowner or a board member, is this: How does he KNOW what is going on IS a religious meeting? If he is a board member, he may have a good reason to believe this is the case, but if he is the homeowner, then he certainly knows what is going on.

As far as what is going on in his home, that's nobody's business, unless it is an illegal activity or a violation of the CCRs. If it's the former, then it's a problem for the authorities (it's not the board's problem to enforce the law). On the other hand, if it's a violation of the CCRs, then of course the board can step in, provided they can establish the fact that the CCRs are being violated without infringing on an individual's constitutional rights.

Mary,

I agree with the business activity thing. Our HOA does allow a home-based business provided the business doesn't have clients constantly visiting the home, and there cannot be any signs. For example, a person could be a tax preparer and prepare taxes for others in his home, provided he either visits his client's homes or they send him the information he needs to prepare the taxes.

As far as a religious activity, though, I think this could be a touchy situation. Courts have ruled against HOAs for forbidding religious statues, for example. I think I also remember reading an article about religious meetings in homes somewhere. You might be able to control the parking, but I'm not sure you can do much about the meeting. The problem is, if someone thinks you are interfering with their constitutional rights, they don't need to sue, they can just file a complaint with the proper authorities and let the government step in. So, having the money to start a suit isn't necessarily an issue.