HOA rules prohibit parking vehicles in driveways

Q: Below is the section of our recorded covenants, conditions and restrictions that the board is using to justify prohibiting residents from parking in their own driveways.

Section 10.5 – Vehicle Parking: “No automobile or motor vehicle shall be parked or left standing upon the common elements or private streets except within designated parking areas. Owners and occupants shall park their vehicles within garages ‘to the extent that garage space is available.’ Garages shall be used for the storage of vehicles and not converted for living or business purposes.”

The board is interpreting this language to mean that residents cannot park on their own deeded driveways. However, many homeowners believe this section applies only to common areas and private streets, not to driveways located on individual lots.

We also have a recorded legal description confirming that each homeowner’s driveway is part of their privately owned lot, not a common element.

After more than 30 years without enforcement, our new board and new management company recently began issuing violation notices and scheduling hearings for homeowners parking in their driveways.

I would truly appreciate your opinion on whether this section provides the board authority to prohibit parking on individually owned driveways, or if enforcement should apply only to common areas.

Thank you again for your time and expertise.

A: Based on the information you sent to me, it appears that the association has the right to issue violation letters for homeowners who park their vehicles on their driveways. Note the words “to the extent that garage space is available.” This exception would allow homeowners with vehicles or trucks that are too big to park in their garages, the ability to park on their driveways.

Q: I wrote to you about six to seven years ago regarding Architectural Review Committee approval for rooftop solar installation on my house. At that time, even with the revised Utah statutes, the homeowners association did not have to approve of any solar installation because the original CC&R’s were exempt from the new regulations.

Fast forward and newer revised statutes do not allow the HOA to hide behind the grandfathering.

Today, we have a new board much more receptive to solar. In august the board created a committee to research and create some guidelines for rooftop solar installations. I was on the committee and guidelines were established. But the governing board has not yet adopted them. The did hold an open meeting of the residents (only about 8 of 160 were in attendance) and the board has decided to postpone adopting the guidelines awaiting more community input.

My issue is that because of the soon-to-be-discontinued federal tax credits, I need to act, and quickly. I have hired a contractor and said contractors has applied for a building permit. I do not have an approval from the HOA (and they are very well aware of the timing of my installation). I did send the board a letter informing them of my intent to proceed with or without their approval.

The basis for this is that I am aware of the potential adopted guidelines, and my system would meet all of those requirements, and I further stated that if my completed system did not meet the adopted guidelines, I would voluntarily agree to change, amend or upgrade my system (at my expense) to meet the adopted guidelines.

My system is/would be very basic as far as meeting guidelines (faces south, away from street, is only visible from backyard and municipal golf course, panels would lay as flat to the existing roofline and black trim to match the panels.

Question: How much potential legal trouble am I opening myself up to? My tax credits are estimated to be approximately $8,500.

A: I am not versed in Utah statutes. My response is based on general knowledge of homeowner associations and architectural guidelines. You could be fined. The worst-case scenario would be the association decides that you need to remove the solar panels, which would be costly. You could end up in court fighting the association, costing legal expenses.

Barbara Holland, CPM, CMCA, AMS, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.