An HOA question, not really the same as the others.....

Mons02035 · 03-23-2015, 10:06 AM

I know, I know, HOA RV parking questions are everywhere but I have an issue that's a little different.

Before I signed on the dotted line to build my house I did in fact read the docs and I was okay with them and I did ask a follow up question.

My HOA does allow for the temporary parking of an RV for actively cleaning/loading/unloading. It specifies that it has to be parked in a parking area. Parking area is not defined but there are no "parking areas" in my community other than your driveway.

My driveway is 32 feet long but my RV is 37 feet long.

Well, there is also an issue with street parking in my HOA. I am on board with not allowing street parking on a regular basis. My HOA actually allows for street parking if the offstreet parking is being fully utilized, there is an 8 hour limit on this.

I received a "friendly reminder" that parking on the street is not permitted.

My stance is that I am following the spirit of the rule allowing for the cleaning/loading/unloading. My driveway will not hold my RV so I street park.

So now because I bought a 37 foot RV instead of a 32 foot RV I cannot bring my RV into the HOA. Before building my house I did ask about the fact that my travel trailer I owned at that time would not fit and that I would have to park out front. I was told that's fine so long as actively cleaning/unloading/loading. Unfortunately, I did not get that in writing.

Any input on how to handle this? Anyone here currently on an HOA board or formally on one? I would like to get the rule changed to allow for street parking if your vehicle/trailer is too large and to create a 48 hour per calendar month time allotment.

vinmaker · 03-23-2015, 10:25 AM

I think the bottom line is you will need to get acceptance from the HOA. They are the ones that have the power to fine you for infractions. There is not a lot you can do about it if you disagree in this case. I doubt it is worth a lawsuit over which would label you as a troublemaker in the HOA.

Good luck.

Vin.

checca · 03-23-2015, 10:34 AM

As a former 8 year president of my HOA, many times we just sent out the "friendly reminder" as just that a "friendly reminder". Many people don't read the HOA rules in the first place, second they forget the rules over time, third one of your neighbors complained. So to head it all off I've always send the "friendly reminder" letter to the home owner. At least in my HOA, we didn't push the issue unless the neighbors complained and the rule was obviously broken.

IdahoBob · 03-23-2015, 10:46 AM

Who owns the street? If it is not a private street, I don't see how an HOA can dictate parking requirements; they don't own the street. Yes, it may be in the HOA rules, but probably not enforceable.

If it is a public road, then you would be subject to local city/county ordinances that regulate on-street RV parking. These may be more generous that HOA rules, but failure to comply may result in a parking citation or even the vehicle being towed.

If it is a private street, the you would have to get the HOA rules changed.

Just my opinion. I am not a lawyer nor do I play one on TV.

Good luck!

HONDAMAN174 · 03-23-2015, 10:48 AM

X2 ^^^. Also check with your city/county ordinance as to street parking as mine I must get a 72 hour permit each time I bring it home for loading, unloading/cleaning. I can print the permit at home as needed for no charge.

2014 Stealth Evo 2850 "Woodstock"
2011 Toyota Tundra Rock Crawler TRD 5.7 "Clifford"

SuicideSaints · 03-23-2015, 10:56 AM

I was on my HOA board for 3 years before I moved, we would get complaints all the time and I would send out a friendly reminder, as long as the problem was addressed within 48 hours, by either fixing the problem or verbal commitment to fix within a reasonable amount of time we just dropped it. The only time we would get "more serious" is when it was a constant violater (like on a weekly basis) coupled with a constant complainer. We were pretty laid back about things but I hear not every board is though. I would just talk to the board and tell them the situation and see what they can allow, then if it not to your satisfaction get your proposed changes on the ballot.

bakwoodj · 03-23-2015, 11:02 AM

Ask the HOA board if they are saying you can't park at all or just you left it there too long, then make adjustments. You could put it in the driveway leaving approx 5-6 feet into the road. This does not exceed the width of a parked car so where is the issue? (But I'm a bit of a pot stirrer sot this part might not be the most helpful.)
If it's a neighbor complaining, maybe check with them next time or make a batch of cookies for each neighbor affected.

Mons02035 · 03-23-2015, 11:23 AM

Suicide and Checca, see that is where I am personally having an issue with my HOA. I feel like I am in fact following the rules. I'm not trying to be a violator. And yes once the RV goes away the problem is over but we take trips about once per month or two months so this will be an ongoing issue. I realize that some neighbor somewhere has an issue with my RV in the street but our rules do allow for parking a RV or other prohibited vehicle on a temporary basis for the purpose of cleaning/loading/unloading. So why didn't the board tell the complainer what the rule is and tell them to deal with it, why did they choose to go after me? If I park my RV in the driveway and hang out 5 feet into the street will they be happy with that? Also, in the friendly reminder I was sent, the board quoted the CCR paragraph but completely left out the part that temporary parking for cleaning/loading/unloading is allowed, they skipped right over it and went to the next sentence. That is suspect to me as well.

I want to point out too that this is my very first encounter with my board. I am not a troublemaker or constant violator. I have lived here for 2 1/2 years and this is the first time for me.

I'm not trying to argue with you, I'm using this discussion as a learning experience so please don't take offense to my response. Your advice is exactly what I'm looking for.

My community is not gated and is in fact maintained by the county. I'm not sure if they can enforce rules or not about parking, I have read both sides of that argument. The funny thing is, I don't want my RV out in front of my house anymore than they do but it is completely unreasonable to prohibit me from the rule because my RV is 5 feet longer than my driveway and the rule does not say it has to be in my driveway, it says parking area. I consider my street to be a parking area as it is legal to park there and allowed by the HOA should the driveway be fully utilized.

geotex1 · 03-23-2015, 11:35 AM

Have this dialogue with your HOA president versus the forum because the bylaws and powers can differ greatly. For instance, here they have authority to enforce parking on roadways in the community because of the written agreements with the city/municipality for instance. Anyway, find out if there was a legitimate complaint and what circumstances presented were. We all know every community has a busy body and self-proclaimed rule enforcer. I have one, but live in a municipal borough, and he had to learn the hard way that he has no authority and no real understanding of the borough code (or county for that matter) even after I approached him several times to get a neighborly resolution. Point being, get the facts, talk to him or her (president) about the history, and see what steps forward you can take before upsetting the apple cart since you are living there. I can say often those notices are sent to appease the complaint in a documented manner over imminent enforcement.

Mons02035 · 03-23-2015, 11:37 AM

Quote:

Originally Posted by bakwoodj

Ask the HOA board if they are saying you can't park at all or just you left it there too long, then make adjustments. You could put it in the driveway leaving approx 5-6 feet into the road. This does not exceed the width of a parked car so where is the issue? (But I'm a bit of a pot stirrer sot this part might not be the most helpful.)
If it's a neighbor complaining, maybe check with them next time or make a batch of cookies for each neighbor affected.

I sent them an email response 2 days ago asking exactly what you state. The original email I got from them is all about the street parking, there was no mention on how long it was there. For the record it was there about 22 hours total but I did leave a few times with it, so it was not a constant 22 hours. I received the email at the 20th hour.

I'm not really a pot stirrer, too exhausting. But I am a person who is relentless when I feel like I'm being pushed around. I have some plans to make some trouble if all else fails. I don't need anything else form the HOA and I don't violate any other rules so if they are going to make me load/unload my RV in my storage lot than why not make their life a little more difficult as well. And in all honesty, My house is backed to a non HOA controlled public road. So I may just park the RV there and load it from my backyard. Also, my wife and I tend to relocate every few years because of work so I'm not here to make friends and I won't be here much longer. I have lived in 4 states in the last 8 years.

Mons02035 · 03-23-2015, 11:41 AM

Quote:

Originally Posted by geotex1

Have this dialogue with your HOA president versus the forum because the bylaws and powers can differ greatly. For instance, here the have authority to enforce parking on roadways in the community because of the written agreements with the city/municipality for instance. Anyway, find out if there was a legitimate complaint and what circumstances presented were. We all know every community has a busy body and self-proclaimed rule enforcer. I have one, but live in a municipal borough, and he had to learn the hard way that he has no authority and no real understanding of the borough code (or county for that matter) even after I approached him several times to get a neighborly resolution. Point being, get the facts, talk to him or her about the history, and see what steps forward you can take before upsetting the apple cart since you are living there. I can say often those notices are sent to appease the complaint in a documented manner over imminent enforcement.

I am trying, I sent an email to the board but have had no response, just the original friendly reminder. My problem is that my board is still controlled by the developer so the members are not residents here.

SuicideSaints · 03-23-2015, 11:42 AM

No offense taken at all, after reading your post about "they skipped over the temporary parking...." this leads me to believe that they may have a new copy or maybe you have an outdated copy of the CCR's. What I would do is actually talk to the board or a board rep. Have you done this so you can get clarification? Clarification for the parking and temporary parking? I would also verify with them you have the current revision of the CCRs, we had a problem with new builders in the area providing an outdated copy of the CCR's.

When I was a board member we were bound by the regulations to send notice, even if it was a first time violation or near violation the regulation said we had to send notice. This may not be the case for you or even if you are in violation (in their eyes), I think the best thing is a direct conversation with them, bring or have a copy of your CCRs ready so you can show them what your says. Most HOA board members are nice people an they live in the community so they arent their to make your life miserable (usually), it may be a simple misunderstanding, but it almost seems to me that they may have updates the CCRs and didnt send out to the community.

Keep us posted I am kind of curious as to how nice and friendly others HOAs are.

I have only been part of one HOA and a my previous residence and it seemed ok and even better when I was a board member, but after reading some other people stories it seems the jury is still out now.....

Long Leaf Piners · 03-23-2015, 11:44 AM

In my time as a HOA board member, it became clear that the board was as good as the manager who helped us do our work. Volunteer boards can have short memories and they get very little instruction. This is where things like good minutes from meetings, correspondence, and of course, the community rules/guidelines book are so helpful. If in fact there is a paragraph in the CCR that exists, find it and share it. When you share, if you can manage to keep it genial, you will probably stay way ahead of the curve.

Mons02035 · 03-23-2015, 11:47 AM

Quote:

Originally Posted by SuicideSaints

No offense taken at all, after reading your post about "they skipped over the temporary parking...." this leads me to believe that they may have a new copy or maybe you have an outdated copy of the CCR's. What I would do is actually talk to the board or a board rep. Have you done this so you can get clarification? Clarification for the parking and temporary parking? I would also verify with them you have the current revision of the CCRs, we had a problem with new builders in the area providing an outdated copy of the CCR's.

When I was a board member we were bound by the regulations to send notice, even if it was a first time violation or near violation the regulation said we had to send notice. This may not be the case for you or even if you are in violation (in their eyes), I think the best thing is a direct conversation with them, bring or have a copy of your CCRs ready so you can show them what your says. Most HOA board members are nice people an they live in the community so they arent their to make your life miserable (usually), it may be a simple misunderstanding, but it almost seems to me that they may have updates the CCRs and didnt send out to the community.

Keep us posted I am kind of curious as to how nice and friendly others HOAs are.

I have only been part of one HOA and a my previous residence and it seemed ok and even better when I was a board member, but after reading some other people stories it seems the jury is still out now.....

They actually have a website that they have all the docs on so I hope those are updated. My board is a 5 member and 3 of them are from the development company and 2 of them are residents and we do have a management company as well. I have emailed them, 2 days ago and I have yet to hear back.

brer_rabbit10 · 03-23-2015, 11:54 AM

Quote:

Originally Posted by IdahoBob

Who owns the street? If it is not a private street, I don't see how an HOA can dictate parking requirements; they don't own the street. Yes, it may be in the HOA rules, but probably not enforceable.

If it is a public road, then you would be subject to local city/county ordinances that regulate on-street RV parking. These may be more generous that HOA rules, but failure to comply may result in a parking citation or even the vehicle being towed.

If it is a private street, the you would have to get the HOA rules changed.

Just my opinion. I am not a lawyer nor do I play one on TV.

Good luck!

I wish this were the case, but in Arizona the HOAs are allowed to dictate who parks where and when. Mine allows overnight parking on the street the night before and the night after a trip so long as you notify the HOA ahead of time. The professional HOA boards tend to follow the letter of the covenants as closely as possible, but if you are fined you can appeal to the board of directors of the community and they are usually much more lenient. It's just a hassle

220Chap · 03-23-2015, 11:58 AM

If it were me, I'd park in the driveway, with my personal vehicles on the street near the overhanging portion. This shows you're making a reasonable effort, and keeps loading/unloading closer.

Had a similar issue once. At that time, I was driving one of my work trucks home each night, parking on street. Neighbor complained to police, who showed up at my door. He was apologetic, but had to enforce no commercial vehicles on street. He suggested to park it in the driveway, no matter how much it stuck out (not that it needed to). So I parked it in the driveway, then mentioned to the suspected neighbor that I thought it was pretty small and petty of the person that called the police, not to have talked to me before calling the cops. No issues since.

bob caldwell · 03-23-2015, 01:11 PM

Quote:

Originally Posted by 220Chap

If it were me, I'd park in the driveway, with my personal vehicles on the street near the overhanging portion. This shows you're making a reasonable effort, and keeps loading/unloading closer.

Had a similar issue once. At that time, I was driving one of my work trucks home each night, parking on street. Neighbor complained to police, who showed up at my door. He was apologetic, but had to enforce no commercial vehicles on street. He suggested to park it in the driveway, no matter how much it stuck out (not that it needed to). So I parked it in the driveway, then mentioned to the suspected neighbor that I thought it was pretty small and petty of the person that called the police, not to have talked to me before calling the cops. No issues since.

X10!!

checca · 03-23-2015, 03:20 PM

Quote:

Originally Posted by Mons02035

Suicide and Checca, see that is where I am personally having an issue with my HOA. I feel like I am in fact following the rules. I'm not trying to be a violator. And yes once the RV goes away the problem is over but we take trips about once per month or two months so this will be an ongoing issue. I realize that some neighbor somewhere has an issue with my RV in the street but our rules do allow for parking a RV or other prohibited vehicle on a temporary basis for the purpose of cleaning/loading/unloading. So why didn't the board tell the complainer what the rule is and tell them to deal with it, why did they choose to go after me? If I park my RV in the driveway and hang out 5 feet into the street will they be happy with that? Also, in the friendly reminder I was sent, the board quoted the CCR paragraph but completely left out the part that temporary parking for cleaning/loading/unloading is allowed, they skipped right over it and went to the next sentence. That is suspect to me as well.

I want to point out too that this is my very first encounter with my board. I am not a troublemaker or constant violator. I have lived here for 2 1/2 years and this is the first time for me.

I'm not trying to argue with you, I'm using this discussion as a learning experience so please don't take offense to my response. Your advice is exactly what I'm looking for.

My community is not gated and is in fact maintained by the county. I'm not sure if they can enforce rules or not about parking, I have read both sides of that argument. The funny thing is, I don't want my RV out in front of my house anymore than they do but it is completely unreasonable to prohibit me from the rule because my RV is 5 feet longer than my driveway and the rule does not say it has to be in my driveway, it says parking area. I consider my street to be a parking area as it is legal to park there and allowed by the HOA should the driveway be fully utilized.

No offense taken.

IMO, just reply with a letter stating you are in complying with SEC XXX of the HOA rules and you will not be parking your RV long term at your property.

As for the street, remember the HOA operates under the Civil Rules / Contract Law and can enforce their rules in court as your agreed to them with your title to your land. We have had several times enforced our rules about parking, many times the local government will also have rules about RV's and parking. They (local government) will work with the HOA to ticket/tow the vehicle if you rule afoul of their (local government) laws.

Many times after you send the HOA a nice letter about not parking long term, they will be happy. At least we are in our HOA.

bob caldwell · 03-23-2015, 04:15 PM

Thank god I've lived here since 1974 and first to buy on this street . Not alot of turnover here, and as time goes on the RULES seem to fall by the wayside. parking out back for you seems to (maybe) avoid the busy body's of the 'hood.

ptillett · 03-23-2015, 06:32 PM

I had this problem with an HOA also. The answer is simple. If the city or county owns the street, then their codes, trump the HOA rules.

In most cities, towns, etc. The code allows you to park on the street for 72 hours. It doesn't matter if you park in front of your house, around the corner, or even in front of your neighbor's house.

In addition, that 72 hour period doesn't actually commence (for legal purposes) until a cop, or code enforcement person chalks your tire. That usually doesn't happen until somebody complains. Most cities and town have all of their local laws and codes on line. So check there first. If however, the HOA owns the road, then none of this matters. You will have to comply.

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