HOA board says no ribbon driveway without gate

Q: I have a situation where I feel that my homeowners association’s board of directors is not in a position to deny an Architectural Review Committee request that I have placed, and I would love to have your opinion in the matter.

I have requested to place a ribbon driveway on my side yard, the same length as my current driveway, to allow for an additional vehicle to be parked.

I have been denied two times now, and have been provided no reason as to the denial, besides one of the board members saying “Because we did …” in a closed meeting where I had asked to have it reconsidered.

We do not have an Architectural Approval Committee separate from the board of directors, and though it has been brought up recently, the board has chosen to not proceed with its establishment. Our covenants, conditions and restrictions state the following regarding ARC approvals:

l. The Architectural Committee shall approve plans and specifications submitted for its approval only if it deems that:

(a) The construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of the surrounding area or the property as a whole.

(b) The appearance of any structure affected thereby will be in harmony with the surrounding structures.

(c) The construction thereof will not detract from the beauty wholesomeness and attractiveness of the common elements or the enjoyment thereof by the members.

(d) The upkeep and maintenance thereof will not become a burden on the association.

I have received approval from my neighbors and do not feel that my request is something that hits on any of the four points permitting a denial. Though it is a very small number, this type of driveway has been established in the neighborhood, but there (are) gate(s) behind it.

In the future I do want to place a gate but do not want the expense of a cinder block wall and gate at this time.

There are stipulations in the CC&Rs regarding parking on a side yard, though I consider the ribbon request to be a driveway extension.

Here are a few more notables I found in our CC&Rs and amendments that help my issue:

Recreational vehicles and parking

CC&R Section 9.13: Vehicles boats: No disabled vehicle, mobile home, truck over 1 ton, commercial van or similar vehicle or recreational vehicle, including but not limited to boats, trailers, campers or motorhomes, may be parked within the property at any time, provided, however, that the foregoing shall not be deemed to exclude (i) parking for temporary deliveries, loading, repairs, landscaping maintenance and similar purposes or (ii) parking of a vehicle on a paved side yard of a unit, provided that such vehicle is behind a gate constructed by the declarant or a gate constructed in accordance with Article XII. No automobile or permitted vehicle may be parked overnight on the streets within the property or for more than 24 hours on a public or private street within the property.

Driveway extensions, walkways, other hardscape areas

Additions to the exterior of a homeowners property such as driveway extensions or expansions, walkways and other hardscapes, must be submitted to the ARC for approval. A drawing showing accurate dimensions of proposed improvement must be accompanied with a Neighbor Impact Statement.

Your thoughts and time would be greatly appreciated in this matter, thanks in advance!

A: It would have been helpful if you were given a reason so that you would have an opportunity to submit a revised request that could be approved. From what you have sent to me, it appears that you need to include the gate in order for the ribbon driveway to be approved.

Barbara Holland is a certified property manager and holds the supervisory community manager certificate with the state of Nevada. She is an author and educator on real estate management. Questions may be sent to holland744o@gmail.com.