Changing Parking Rules

I am a board member of a smaller custom home community is California and we had a discussion recently about changing the existing parking rules and would like some opinions.

First, our rules state that there is no parking on the streets, period. We feel this is a bit strong and would like to change the rule to something like, "Temporary parking is allowed with no overnight parking". We are using a section in our documents to consider this change, but are uncertain if this section allows us to "lighten up" the parking rules a bit. The section reads:

" The board shall have the authority to promulgate as part of the Association rules such further rules and restrictions regarding parking and vehicles within the Project as may be deemed prudent and appropriate."

The word "promulgate" is defined as:

1. to make known by open declaration; publish; proclaim formally or put into operation (a law, decree of a court, etc.).

2. to set forth or teach publicly (a creed, doctrine, etc.).

Some members concerns is that you can only make the existing parking rule (no parking on the streets) more restrictive per the section mentioned above. Some say it gives you the flexibility to make any rules the Board would like to have in regards to parking.

I have been on this forum for a time now and have enjoyed the information shared by others. I would appreciate your opinions on this issue.

Thank you

Hi Charlie,

I think the Board has the authority to "lighten up" or 'tighten up" on any rule that affects the community. I don't think that phrase "further rules and restrictions" means that the rules can only become more restrictive.

If the Board communicates with the members and the members seem to agree with
the proposed changes, then there shouldn't be any major problem with changing the parking regulations.

Thanks for the quick replies!

The rules are part of CC&R's along with the Board's ability to "promulgate" the parking rules.

That is the source of this concern. Could it be that we could adopt a "rule" in our association rules that says something to the effect that " No parking on the streets other than temporary guest parking including no overnight parking."

The question seems to be why no parking and then on another hand we can enact further rules and restrictions.

We took this same question to our association attorney and he said we could do it. Which we did; we changed some parking rules.

But to add some more thought on this---be careful when you simply say: No Overnight Parking. I suggest you define what is "overnight". We decided to coincide our overnight parking hours to go along with our "excessive noise" hours; which are after 10:00 p.m. and before 8:00 a.m.

Parking? Where? on both sides of the street? For how long?

What will the police and/or fire departments think of that?

Better do some real research on this. Some communities allow parking just on one side of the street. Do you really have the room to allow this?

That's a good point. Call your local fire department and have them come out and show where they would not allow parking and where they'r e OK with it. We did this a while back when we needed to repaint our firelane curbs to find out if we could use any old red curb area for parking or not. The fire department brought out their biggest truck for evaluating things.