Garage Inspections - Legal?

If the problem is really bad......

Any time you see two cars parked out, just put a 1 page copy of the CCR regarding 1 car in garage, 1 car in driveway under their windshield wiper with that part highlighted and see how it goes. Even if 1/2 the people conform, you might solve the problem. People may have forgotten the rule. Don't assume everyone knows and lives by the CCR's People are busy, they couldn't care less until you bring it to their attention.

If that doesn't work, start a plan "b".

Does anyone have a written policy that they would care to share on how CC&R parking restrictions will be enforced?

What if they have motorcycles in the garage?

Here is what our rules state:

Each resident owner shall park at least one (1) Authorized Vehicle within the unit’s garage or carport.

For purposes of this Rule, a Non-Authorized Vehicle shall mean and include - Motorcycles and motor driven cycles.

Thomas,

By "rules" are you referring to board-adopted rules or the CCRs? If the former, they can be amended as easily as they were adopted, but the latter would require a vote of the membership. Frankly, I don't understand why a motorcycle or other motor driven cycle cannot be parked in a member's garage. I would object to the HOA dictating what I can park -- or store -- in my garage. This is a terrible rule and, IMO, should be stricken.

Lori,

Having ample driveway and garage parking is meaningless. In my community most homes have 3 car garages which equate to parking of 6 vehicle; however, parking is the biggest violation noticed each month. People use their garages to house all their junk and if they need more than 3 driveway spaces they just park on the street. My assn does not dictate what your garage can be used for. Our rule is that you cannot park on the street especially if your driveway has space. Those who do receive violation letters; some ignore them and they receive fines. We cannot tow cars because our street are public; however most condos have this ability. I don't believe it's proper to dictate what "must" be stored in your garage; however, the BOD can definitely say that if you don't park your vehicle in your garage or on your driveway then you will receive a violation notice and possibly also fines.

In my opinion, this would mean that the owner can park at least one car in the garage, so it may be possible to have one in the garage and two on the driveway. I think that the problem with the writing of this rule is the use of word "shall". In my opinion, it does not imply mandatory. If the language said they "must", I would consider that to be an imperative, but because it does not address all situations (such as a homeowner not owning an authorized vehicle or an owner parking in the driveway 5 non-authorized vehicles), then I would believe the context of the rule to imply that in the event a homeowner is in possession of an authorized vehicle, then the are allowed to park at least one in the restricted common area.

To me, this rule would have to go through a rewrite specifying in what event and where a vehicle may be parked.

Dwight,

Following is the portion of our "parking" rule that pertains to parking on the street:

"Routine on street (curbside) parking of vehicles by residents is prohibited when garage or driveway space is not totally utilized. If on-street parking becomes necessary, it must be restricted to a maximumn of 8 hours per day without establishing a day-by-day pattern.

"Parking on the street within 25' of an intersection is strictly prohibited. The BOD must approve any liberalization of the parking rule as discretionary for the unusual residence.

"No vehicle shall be parked on a street for more than 24 hours without being utilized for transportation.

"Visitors, when making short visits or attending social affairs, may park on the street.

"Notwithstanding the provisions of Section 4, Rule 1, a motor (mobile) home, travel trailer, truck camper, boat or other recreational vehicle, for the purpose of cleaning and loading or unloading such a vehicle or boat, may be parked in front of or in the driveway of the vehice or boat owner's residence for a period not to exceed 24 hours prior to departure on a trip and a period not to exceed 24 hours upon returning from a trip."

Our manager checks for parking violations at 3 AM! Yes, that's right 3 AM. That way she knows the vehicle is definitely in violation. A violation notice would be sent whenever the violation is noticed. In other words, we don't give the member a bye on the first sighting of a violation; however the first violation notice is just a "friendly reminder" and carrys no fine. Actually AZ law prohibits an HOA from fining b/4 the member is given a chance to speak to the BOD. At this point we're in the process of reviewing the parking restrictions.

Mary - Thank you. That will be a big help for us. I don't think we will have 3 AM parking checks, but we can probably come up with something. We do have a couple people that take early-morning walks.

Thanks again.

Robert & Thomas I doubt the CC&R's give the BOD the power to enter someone's private property to inspect garages and I shudder to think of the news stories that would follow such an action. I still remember the HOA that hired a helicopter to look in someone's back yard because they couldn't see it from the street and thought there might be a violation. Ask yourselves how you would react if someone from the BOD or MC knocked on your door and asked to take a peek in your garage to make sure you were in compliance?

Now if the BOD or PM wants to wander around the community with a camera to capture any violations visible from the street through an open garage door that IMHO is allowed.

Link to helicopter story: http://www.click2houston.com/investigates/10258247/detail.html