Reader should question neighborhood parking restriction

Q: I have a four-bedroom three-bath home that I rent to five adults. Just recently, the homeowners association has decided that we can't park on the streets even though others have been parking on the streets since the inception of the community.

The HOA states that the covenants require the owners to park in their garages and driveways and not on the streets, which are for visitors and guests.

The covenants are vague and only state that street parking is allowed on streets which are 37 feet or more in width.

I have spoken with the association and the board says that they have the right to interpret the bylaws.

The association has given me a hearing notice at which time they will decide how much to fine me for the infraction.

I really can't afford an attorney and can't afford fines. I cannot ask the tenants to leave as I am upside down on my house loan, not only in rents but in selling price, as well.

A: The association's regulations that you sent states owners shall use their garages as their primary parking.

In addition, a second licensed, registered and operable standard vehicle may be parked in the owner's driveway, as long as the driveway is at least 20 feet in length or more.

There is another section that states that on street parking shall be restricted to those areas where the street is 37 feet or more in width.

There is nothing in the covenant that states that the on-street parking is dedicated for the sole purpose of visitor or guest parking.

It is not vague; it is a broad statement that allows anyone to park on the streets as long as the streets are 37 feet or more in width.

If the information given to me was part of the convenants, conditions and restrictions or bylaws, they would override any rules written by the board and that would change the covenant to be more restrictive by disallowing owners their rights to park on these designated streets.

If you are fined, you should take this matter to the ombudsman's office for either an intervention or you can file an arbitration with the Nevada Real Estate Division.

You do not necessarily need an attorney for this matter to be reviewed and resolved.

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 or she can be reached by e-mail at support@hlrealty.com.