County Zoning has cited Assoc. for changing Parking

Started by EllenB • 6 replies • 1339 views

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EllenB (Virginia)
Posts: 8

Posted:

Our Association has instituted new parking regulations and reduced the number of visitors parking. (Visitors spots were just used by homeowners with multiple cars). Many open discussions and committee meetings were held and proper notice of vote was given to all on the Board. One disgruntled board member went to the county and filed a complaint. The county has sent us a violation that we made a change to the approved site plans. In their complaint they cited County regs regarding builders and developers who change the approved site plans can have their building permits pulled. Nothing is mentioned about fines. The county says if we don't return the parking plan to original (plans were approved in 1989 and the subdivion turned over to homeowners in 1999), they will fine us $500 every 10 days. The Virginia Property Owners Association Act says the the Homeowners Assoc. shall control, maintain, be responsible for, etc., etc. all common area. When we met with the county, we asked how many subdivisions were sent violation and they said none others. Has anyone ever dealt with something like this before?

GlenL (Ohio)
Posts: 5,491

Posted:

We haven't however I would suspend the new parking regulations until this is sorted out to avoid the fines. What type of community are you; stand alone homes or condos? This is something you should let the HOA attorney tend to. It might be as simple as the attorney pointing out that the HOA is neither a builder nor a developer or you might have to appear at a zoning meeting with a revised site plan and plead your case to get it changed. In the mean time get a copy of the original site plan if it's not in your files. I am not one to recommend lawyers lightly as I know they can be expensive. But having attended numerous zoning meetings over the years I can say I've seen more things shot down by people trying to be helpful to the zoning commission and saying the exact wrong thing.

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DonnaS (Tennessee)
Posts: 5,671

Posted:

Glen,

You hit the nail on the head. The County really wants to be informed before this type of change can occur. They want the permit money as well and they might want to see permission granted by the membership to reconfigure the parking lot designations. It's all about having the power to have the last word. Get legal advice.

DwightT (Idaho)
Posts: 664

Posted:

I agree that they want to be informed before a change of this type, but I don't think it's just about the County wanting to get the permit money or have the last word. If people aren't allowed to park their cars in the parking lot, then they will probably be parking out on the county roads, which will have an impact on County resources. The County should have been part of the process from the beginning.

BrianB (California)
Posts: 2,820

Posted:

great answer glen!

DJ1 (Ontario)
Posts: 798

Posted:

If it is similar to here, when the County approved the original development, all sort of things were part of the site plan. You can't just go and change things whether the development is now under resident control or not. There is probably a process to get changes made but that would have to go before County council for approval or denial. Why do you think a developer has to get a site plan in the first place? County Planning reviews these things and establishes what is required.

KirkW1 (Texas)
Posts: 1,665

Posted:

First, the prudent thing would be at least to temporarily put things back the way they were.

Second, you should decide if it is worth the legal fees to fight this. The developer didn't change a thing and threatening to revoke a building permit after a certificate of occupancy has been issued reeks of typical governmental over reaching. This doesn't place them in a unique position, but I believe they are out of bounds.

As a note, I would also go complain about the people to my elected officials and expect them to reign in that department. I would certainly consider campaigning and voting for their opponent should they decline to stop this power grab.

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