Wednesday, July 9, 2008

Hacienda Real HOA CC&Rs re: Parking

The CC&Rs are the supreme law of the HOA. Any other rules, regulations, codes of conduct, etc. or whatever else the board dreams up CANNOT contradict these basic rules governing the HOA:


ARTICLE II.
PROPERTY RIGHTS IN COMMON AREA
Section 1. Owners' Easements of Enjoyment Every owner shall have a non-exclusive right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions:
e. Rules and Regulations
The right and power of the association to promulgate reasonable and uniformly applicable Rules and Regulations governing the use and conduct upon the Common Areas;
f. Parking
The right of individual owners to the non-exclusive use of any parking areas which are located adjacent to said owners lot.


Please note some key phrases:
1. Reasonable and uniformly applicable:
That means you don't pick on the people Barbara or Dorothy or whichever board member wants to victimize that week. You apply the law evenly to all owners.
2. The right of individual owners to the non-exclusive use of any parking areas which are located adjacent to said owners lot
That means owners can park their cars or their guests' cars outside in the designated parking spaces adjacent to their houses. Note nothing is said about how many cars you need to keep in your garage. If the HOA towed cars as they have threatened to do they would be liable for those fees because according to these CC&Rs, the owners have EVERY RIGHT to park their cars outside if they so desire.

No comments: