Resident can seek arbitration when HOA gets overzealous

Q: I have a friend who drives a personal vehicle with his Web site address on the back window. After six months of visiting my residence once or twice a week and parking in visitor parking overnight, I was mailed a notice of violation warning that no commercial vehicles are allowed to be parked on the property overnight and that any vehicles with lettering are considered commercial vehicles.

He immediately began parking his vehicle outside the community, on the street and walking to my residence. I faxed a response to the warning letter informing the association that the violation had been remedied.

I then received another notice that the violation had not been corrected. I responded that the vehicle in question had not been parking in the community since the first warning. Now I have received a hearing fine notice saying that the vehicle was witnessed to have entered the property and parked on the property. The notice indicated the date on which the vehicle was seen parked at the community.

What happened is that around 11 p.m., he parked his vehicle inside my garage where it would be safer overnight than on the street. He exited my garage and drove out of the property the next morning. On one other occasion, he picked me up for dinner and drove to my driveway, waiting about five minutes before I exited my house.

This feels like harassment. Can they really restrict me from allowing this vehicle to park in my garage or just picking me up for a date?

A: The reader has included a copy of the covenants and of the parking rules. In Article VIII, section 8.2 the covenants list the parking restrictions. It does include the restriction that no commercial vehicles are to be parked, stored or kept within the property unless it can be stored in the garage of the unit. In addition, it states that additional parking has been provided for guests in designated areas.

The parking rules state that no commercial-type vehicle is to be kept unless the vehicle is stored in the unit's garage. Notice that the rule has added the word "type" vehicle, which is not stated in the covenants. By adding the word "type," the association had expanded the definition of a commercial vehicle. Technically (assuming that the expansion of the rule is legal), a personal vehicle with a business Web site on it could be cited as being a commercial vehicle in violation of the governing documents. For the benefit of its members, the association should state in these rules that it considers a Web address, etc. lettered on the back window of a vehicle to be a commercial vehicle. This would end any misunderstanding of the restrictions.

In the reader's case, the initial violation was corrected and the reader sent the correction notice to the association. The covenants do not disallow an owner having a commercial vehicle parked in his or her garage. Obviously, to drive to the garage, one must drive through the community. In the reader's case, it appears the association has overstretched its authority, as the reader stated that on one occasion the vehicle was parked in her garage.

As to her friend driving to pick her up for a date and his vehicle being on the driveway for five minutes, this is not in violation of either the rules or covenants. First, the covenants do allow guests "temporarily visiting the property... vehicular access and other such purposes reasonably necessary for use and enjoyment of a unit in the property." Second, the rules allow for the loading and unloading of a vehicle not to exceed 15 minutes.

It should also be noted that both the rules and the covenants have one all-inclusive regulation that states "in addition, no owner shall park, store or keep anywhere within the property a vehicle ... deemed to be a nuisance by the board."

Since a hearing fine notice has been sent to the reader, she would have to attend that hearing and present her case. If the association imposes a fine, her recourse would be to contact the state ombudsman's office for either intervention or arbitration/mediation. The decision by the board to fine her would then be reconsidered through these appeal procedures.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759. Questions may be shortened and are subject to editing.