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HOA can make rules about parking without vote

Q: My homeowners association has passed a resolution (there was no voting) and declared addendums to our parking policy, including violation of the fourth amendment (Section D). I have included the sections that are particularly concerning as text, and have included the entire newsletter as an attachment.

Section C: “Vehicles which are owned or used by owners or occupants shall be parked in their garage first, before parking on their driveway, to the extent of space available within the garage. A variance from the no street/alley parking rule may be approved by the board of directors in limited circumstances. Where a variance is granted, owners’ Occupants must register their vehicles with the community manager and must display a valid parking permit in the vehicles driver’s side front lower windshield.”

Section D: “Owners or occupants must maintain their garage at all times in a manner which allows parking of the maximum number of vehicles the garage was designed to accommodate. The board of directors, or its authorized representatives, may inspect any garage in order to enforce this rule upon providing reasonable notice.”

Section F says vehicles owned or used by owners or their guests may be temporarily parked on the street within the community for as long as 48 hours The time period commences the moment the vehicle is parked on the street, regardless of whether the vehicle is moved or leaves and returns later. Guests are allowed one 48-hour street parking period per any 30 day period.

Everything is stated at absolute discretion of the board, which is three employees of the developer, Toll Brothers, and a single resident.

The stage is set for cronyism, nepotism, discrimination and outright denying homeowners constitutional rights.

I am concerned that my housekeeper and babysitter will not be allowed to park at my house more than once a month. Additionally, there is a statement that the garage doors are to be open only when a vehicle is entering or exiting. How would they like us to take our garbage to the curb? Additionally, many of the homes do not have driveways and the third-car garage bay is not large enough to accommodate an average-size vehicle. I’d like to say that I support off-street parking for residents. If they’d done it correctly, I’d be on board to support it. Homeowners have been given no recourse or ability to respond. We are simply expected to accept the new resolution.

Additionally, we have had unrelated concerns with construction and the developer not enforcing construction hours. We have had issues with construction starting as early as 5:30 a.m., ingress and egress to the community and individual driveways being blocked for extended periods by construction equipment. The HOA has simply stopped responding to homeowner issues, complaints and questions.

I appreciate your time. This is a frustrating situation and I’d appreciate any help I can find along the way. Thanks.

A: I have read your email and the attachment. I did not receive any sections from your covenants, conditions and restrictions that pertain to parking.

Association boards have the right to pass new rules and regulations without the vote of the membership even though the developer still has control over the board. The proposed rules should have been in an agenda before the board voted on them. Secondly, the rules should be consistent with the CC&Rs.

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 the Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 702-385-3759, email is support@hlrealty.com.

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