Quote:
Originally Posted by cabo35
Barefoot and Challenger - I believe you nailed it.
An attorney recently told me that at some point in time, most developer roads are turned over to the county. Clouding the issue are some roads North of 466, possibly in Marion County, that were not turned over. My guess is on those roads not turned over, parking restrictions might be enforceable through the covenants. There are very few in this category. This might explain why parking restrictions may still be selectively enforced in certain neighborhoods.
The county can pass what is equivalent to an ordinance to establish restrictions such as; no parking in roadway at anytime, parking on one side only, alternate side parking and time restricted parking ie: No Parking between 12am and 6am. They usually require a notification to the property owners of the street effected and a public hearing to allow residents to express their views. I have seen parking restrictions established based on a petition from a specific neighborhood but never one on a jurisdiction wide basis for obvious reasons.
One potential drawback to petitioning for parking restrictions in your neighborhood would be the mandatory posting of signs defining the restriction. Many believe the required signage is a worse eyesore than parked cars.
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This is for discussion sake only, I have no issues I am trying solve. I still am not convinced The Villages could not enforce the parking deed restriction if they wanted to, based on the items I cited in post #28. These opinions and cases did not address a parking violation for the county, but rather a "breach of contract" by the homeowner not abiding by the deed restrictions.
I am not advocating TV spend any resources to address this issue, but it seems to me there is precedence to enforce this without the county changing anything.
Am I missing something in the cases I cited that could never apply here?