|
 RECREATIONAL
VEHICLES
QUESTION:
The language in
my CC&Rs states that "there will be no RV parking on the public street within the
development." Can the HOA control public street parking?
ANSWER:
Yes. Even though local ordinances may allow
RV parking on public streets, such ordinances do not invalidate private restrictions unless the
ordinance specifically provides otherwise. Your CC&Rs are recorded covenants
(promises) made by each owner to the other owners and to the association. If the
owners covenant not to park their RVs on streets within the community or
adjacent to it, the promise can be enforced by the other owners or the
association or both.
Reach of Restrictions.
Associations cannot restrict the general public but it can restrict the actions
of its members, and members' family, guest,
and invitees. That is
the nature of living in a common interest development. If the CC&Rs restrict parking,
and owners buy into the development, such owners automatically become members of
the association and are bound
by the association's restrictions.
Reasonableness. By statute,
restrictions are fully enforceable if they are reasonable.
Civil Code
1354(a) The reasoning behind parking restrictions is to preserve property
values by regulating aesthetics. A number of cases, including one Supreme Court case, have recognized the
authority of governmental entities to control "visual blight." The cases
specifically dealt with the right to restrict the parking of recreational
vehicles, motor homes,
trailers, boats, commercial vehicles, inoperable vehicles, and the like. Such
reasoning extends to community associations.
REPLACING OLD
LINES
 Dear
Adrian, I manage a 35 year old, 3
story, wood frame condo. There were no washing machines before I arrived because
the prior manager (and owner) would not allow them because of the old pipes.
Typically a 35 year old, 1-1/2" diameter cast iron drain line was corroded to a
diameter of 3/4" with associated reduced capacity.
Washing machines are a great asset. I
encouraged the addition of washers and now 2/3rds of the owners have them.
Eventually we will have 100% and eliminate the community laundry machines and
have use of the laundry room [for other purposes].
The encouragement [that owners install washers] came with a caveat. The
laundry drain had to drain into a larger line or new piping, properly sized for
the number of fixtures it serves (per code). This prevents suds. Basically this
meant upsizing the 1-1/2" old lines to 2". The condition
of the common piping warranted replacement anyway, and the request for a washer
was encouragement to perform the preventative maintenance.
I made the suggestion, and the Board agreed,
that whenever there was a request for a washer, or a serious plumbing problem,
we would solve the WHOLE problem by replacing the entire "stack" served by that
line. Thus instead of waiting for the next disaster, we began a replacement
program triggered by the request or a problem. After 8 years, all but one kitchen
stack has been replaced and we sleep better at night. The majority of the piping
cost was paid by the association. This approach solved the gridlock question of
when and how and where should an association start a drain pipe replacement
program.
We also use this strategy whenever there is a
renovation: we will replace the common piping generally up and down from the
unit being renovated. It will never be cheaper to do. -Michael Gruby, Association Manager
COMMENT:
This is a good solution to a common problem. Other associations should
consider adopting the same approach.
Very truly yours,
Adrian Adams, Esq.
Adams Kessler PLC |
