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Parking on the street

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Dexter Wong

Junior Member
What is the name of your state (only U.S. law)? California

Does the below CC&R declaration below mean you can't park an operable vehicle on the street?


Any help would be aprreciated and thanks for taking your time in advance for your advice.

2.15 Parked or Stored Vehicles. No trailers, boats, motor homes, RV's, commercial vehicles or inoperable cars shall be parked on the street or streets adjacent to any Lot, or in the driveway or yard upon any Lot unless the option of driveway or yard so used is located to the rear of the front of the house and is enclosed by a suitable fence and said vehicles are obscured from neighbors and street view.

2.16 Parking. Every Owner and resident within the Properties shall use the garage, which is part of the residential improvements constructed upon each Lot, for parking or storing all vehicles owned or driven by the Owner or other residents, except for those vehicles provided for under Section 2.15. No Owner or resident shall use the streets or driveways for the storage of any vehicle, of any type, except for the following:

If, in fact, two operable cars owned by Owner are in an Owners' garage and the Owner owns more than two cars, then Owner may place a regularly-operated, registered vehicle in a paved side yard which does not extend beyond the front of the house. If the side yard is not paved or is not available for such parking, Owner may use the driveway for, but only for, parking a regularly-operated, registered vehicle.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

Does the below CC&R declaration below mean you can't park an operable vehicle on the street?


Any help would be aprreciated and thanks for taking your time in advance for your advice.

2.15 Parked or Stored Vehicles. No trailers, boats, motor homes, RV's, commercial vehicles or inoperable cars shall be parked on the street or streets adjacent to any Lot, or in the driveway or yard upon any Lot unless the option of driveway or yard so used is located to the rear of the front of the house and is enclosed by a suitable fence and said vehicles are obscured from neighbors and street view.

2.16 Parking. Every Owner and resident within the Properties shall use the garage, which is part of the residential improvements constructed upon each Lot, for parking or storing all vehicles owned or driven by the Owner or other residents, except for those vehicles provided for under Section 2.15. No Owner or resident shall use the streets or driveways for the storage of any vehicle, of any type, except for the following:

If, in fact, two operable cars owned by Owner are in an Owners' garage and the Owner owns more than two cars, then Owner may place a regularly-operated, registered vehicle in a paved side yard which does not extend beyond the front of the house. If the side yard is not paved or is not available for such parking, Owner may use the driveway for, but only for, parking a regularly-operated, registered vehicle.
Seems to read that way...
 

NC Aggie

Member
Well I think it can be interpreted that residents cannot park their vehicle(s) on the street. However, it does not say anything about temporary parking. Many of the CC&RS that I have read generally set absolute guidelines when it comes to parking by wording their declarations as such:

Parking is not permitted along the street at ANYTIME or
Parking along the street is only permitted when the driveway is filled to capacity, at which time parking along the street is permitted FOR NO MORE THAN 24 HOURS.

Also these specific declarations in your CC&R do not address visitor's parking. While I think it's likely the intent was to not allow parking along the street by anyway, I think the way in which it's worded leaves room for interpretation.
 

Zigner

Senior Member, Non-Attorney
Well I think it can be interpreted that residents cannot park their vehicle(s) on the street. However, it does not say anything about temporary parking.
Of course it doesn't - it doesn't need to. Temporary parking is covered by the blanket state that they cannot park there.
 

NC Aggie

Member
Of course it doesn't - it doesn't need to. Temporary parking is covered by the blanket state that they cannot park there.
Zigner, I think it would be a debate of interpretation and I've seen issues arise and a CC&R challenged for this very same reason and ultimately the HOA had to rewrite their CC&R.

Also, these two declarations (alone) do not address visitor's parking at all. Unless there is something additional in the CC&R that deals with visitor's parking, it appears this CC&R falls way short in addressing parking along the streets.
 

ENASNI

Senior Member
CCRs are the preview of Big Brother.

HOA = hounds of assimilation


Either way you translate. You live there you bought in.

Deal or wheel.
 

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