HOA board wants to eliminate parking policy
Q: Our homeowners association has private streets and has a formal parking policy that simply clarifies that which is in the covenants, conditions and restrictions. This policy includes parking stickers for homeowners and tags for visitors.
The management company just sent out the agenda for our upcoming board meeting, which has an agenda item to eliminate the parking policy. I’m assuming that is because there are some homeowners (including the total of three current board members) who don’t like the parking stickers and/or want no restrictions on parking in the street, driveway or garage.
If the current parking policy is reversed in total, then it appears the CC&Rs would still control the topics of street parking, driveways and garages. This approach would put us back into the nebulous enforcement of the CC&Rs. I believe the rationale is that they want to have a more friendly and harmonious neighborhood by selectively bending that which is specified in the CC&Rs to meet that objective.
Is there a specific section in Nevada Revised Statutes 116 that permits the board of directors to ignore specific sections of the CC&Rs (assuming it is not in conflict with other law)? I believe the proper approach to address the street parking, driveway and garage issues is for two-thirds of the homeowners to vote to rewrite the relevant sections in CC&Rs.
Your thoughts?
A: Your CC&Rs supersede any association policy. In this case, the board is considering the elimination of the specific parking policy and reverting back to the CC&Rs.
Your board would not be in violation of any state law as the parking regulations would be covered under the CC&Rs. What becomes difficult is the “how” in enforcing the CC&Rs. Without a specific policy to define what parking is acceptable or not, decisions made as to the enforcement of the parking restrictions in your CC&Rs be more subjective.
Barbara Holland, CPM, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to [email protected].
