Parking Issue Results in Letter
At least one Glenbrooke homeowner has received a violation letter from Riverside Management stating parking on the street is not allowed by the Glenbrooke Community Association (GCA). The only problem is the streets are PUBLIC streets and are not owned nor maintained by GCA.
The following press release from Elk Grove Police Department was originally posted on August 11, 2010 on GlenbrookeNews. It was requested we post it again and add the recent lawsuit case in Elk Grove regarding a local HOA over parking issues.
Press Release August 11, 2010
Questions regarding enforcement of parking regulations on private versus public roadways occasionally arise in cases where Covenants, Conditions, and Restrictions (CCRs) or Home Owner Association (HOA) regulations address issues of roadways and parking. The key to understanding vehicle operation and parking restrictions on a roadway is knowing whether the roadway involved is private or public.
Public roadways are those owned and maintained by a governmental entity. Only the state or local jurisdiction involved has authority over operation and parking of vehicles on public roadways.
Enforcement of these laws and regulations is also governed by laws, ordinances, and codes and limited to public officers empowered for such enforcement.
Private roadways are those owned and maintained by someone other than the City of Elk Grove or other governmental agency. Prime examples of private roadways are those streets that serve gated private housing developments. Private roadways are subject to the rules and restrictions imposed by the “owner” of that property. In many cases, the “owner” of a private street is the HOA. Some public offenses (DUI and fire zone restrictions, for example) continue to be public offenses even on private property and are enforceable by public officials and adjudicated according to the laws and ordinances of the jurisdiction involved.
When dealing with the parking of vehicles, there may be some overlap between public and private enforcement. Consistent with the governing documents of the association, the HOA may establish speed limits, post regulatory signs, establish parking restrictions (such as limiting parking to tenants or guests), issue parking permits, restrict parking, or otherwise regulate vehicles and traffic on the non-public portion of the property.
For example, the governing documents may require that all vehicles be parked in the garage. If a vehicle otherwise conforms to the law for parking in the area and thus would not be subject to enforcement by the City, the HOA may still pursue its private remedies for the violation of the CCRs. HOAs use a variety of mechanisms to enforce the rules and regulations they promulgate regarding the use of the private property. Disputes between HOAs and individual members of the communities they represent are civil matters. City employees, including police officers, will not enforce CCRs and associated regulations dictating or restricting actions on private property.
From Elk Grove Citizen August 10, 2010
Resident sues HOA over proposed parking rules; board backs down by Cody Kitaura - Citizen Staff Writer
resident two weeks ago sued a local homeowners association after its board of directors proposed several changes to the neighborhood’s parking rules. The board retreated a day later.
George Vilahu lives in Elk Grove’s Stonelake Community, located near Interstate 5 and Elk Grove Boulevard.
Earlier this year, the community’s board of directors proposed new rules that would require every resident to register his or her car with the homeowners association, as well as limit driveway and street parking to only those who have more cars than they can fit in their garages, even though the streets in Stonelake are public property.
Vilahu filed a suit on July 28 in Sacramento County Superior Court alleging the board held non-public meetings, took action on items without noticing the public, ignored a petition against the proposed changes and didn’t properly explain the changes to the public.
“The purposes and effects of the myriad rule changes have not been explained to members, and members have been confused and ill-informed as a result,” court documents filed by Vilahu state.
According to the Stonelake Community’s Web site, the board of directors called an emergency telephone meeting a day after the lawsuit was filed, and voted to not adopt the proposed changes to the parking rules.
Documents posted on the community’s Web site say that three of the five directors were included in the call, and that the public was provided “telephonic access.”
The posting said the board would meet at 6 p.m. on Aug. 12 in the Elk Grove City Council Chambers to “continue the discussion on parking issues along with the other rules.”
None of the five board members returned repeated phone calls and e-mails from the Citizen.
Vilahu declined to comment after the lawsuit had been filed, but in an earlier interview he took issue with the proposed requirement to register vehicles with the homeowners association.
“My main thing is, it’s nobody’s business whose car is in my garage,” Vilahu said. “I pay the mortgage – they don’t pay the mortgage. If I want to have my friend’s car in my garage all year long that’s my business.”
Vilahu said he has lived in Stonelake since 2001, and said the board should be focused on other issues, like yards overrun with weeds.
“They’re trying to make this like a (Thomas) Kinkade postcard neighborhood,” he said. “There’s a lot of other stuff they can be concentrating on.”
Shirley Ng, a Stonelake resident since 2004, said the board has a history of focusing on “petty” issues. She said there’s no need for additional rules regulating parking.
“I don’t think we have a parking problem,” Ng said in an interview before the July 28 lawsuit had been filed. “The streets are never crowded.”
To read court documents filed by Vilahu and minutes from the Stonelake Community board of directors’ emergency meeting, visit www.egcitizen.com.