If we agree that local police have no enforcement power sans an ordinance or specific statute defining a restriction, it would appear the only remedy would be through "breach of contract" litigation......who would initiate the suit? Who would pay for it?

I lifted this from a Florida reference, the Oakdale Reserve Estates Homeowners Association in Tampa.

Enforcing Deed Restrictions

Any violations of laws or ordinances may be enforced by the applicable governmental agency; however, any violations of deed restrictions may only be enforced by those who are beneficiaries of the restrictions. Because the Oakdale Reserve Homeowner Association is voluntary homeowners' association, it has no legal standing in enforcing deed restrictions. As a result, the only enforcement mechanism is for a resident or group of residents within the affected section to take legal action against the offending party. This often pits neighbor against neighbor.

You're research and citations are interesting.

Feedback from the VCDD re: street parking
 

As a follow-up to my prior post noted above, here are excerpts from e-mails I exchanged with Candy Dennis, who is the Deed Compliance Coordinator for the VCDD. Sorry for the delay - it took a couple of days wrapped around the weekend plus a misdirected e-mail to get it all: :)

================================================== =====

Q: My wife and I recently recently purchased a resale Patio Villa and we have a simple question regarding parking. We note in our deed restrictions that "No owner of a Homesite shall park, store, or keep any vehicle except wholly within his driveway or garage". There really is no mention specific to street parking. Yet we hear from others that there is to be no on-street parking in any of The Villages' residential areas. They even go so far as to say that, at least in their particular Village(s), the Community Watch folks will request that they move their parked vehicles from the street.

I asked this same question of a gentleman who works for the VCDD at a recent "Get Acquainted" session at Lake Miona . His response was that it used to be the norm that no street parking was permitted until it was determined to be unenforceable since the streets are all public roads and not under the jurisdiction of the VCDD for this type of thing. He said that anything goes for parking in the streets - trailers, cars, etc. - and that the worst that would/could happen would be getting glared at and hassled by your neighbors. He did clarify, though, that parking in yards, or half in the street/half in the yard, etc. IS something that is unacceptable and enforceable.

Any insights appreciated.

A: In response to your e-mail, the deed compliance department does not have jurisdiction over parking in public streets. Typically, if we receive a complaint, we will advice the caller that the streets are public; however, if the vehicle, trailer, RV, etc is impeding traffic, we then call Community Watch who will send out one of our fire engines to ensure there is room for them to get down the street in case of an emergency.

Parking a vehicle, trailer, RV, etc in the yard, that is a deed restriction which we can pursue through our deed compliance process.

Q: Thanks for the reply. To get further clarification, are ALL the streets in the residential areas within The Villages considered public? Specifically, I'm referring to the streets within the Courtyard Villa and Patio Villa areas. I've heard from some that those streets in particular are privately maintained and thus subject to a different set of parking restrictions.

A: Even though the villa streets are maintained by their particular district, all streets are considered public. The same applies that they cannot impede traffic.

================================================== ======

So in my little world, that pretty much clears up the street parking issue:

- You're permitted to park anything in the streets, even in the villa areas, so long as a fire engine can pass through.

- No parking at all in the yards.

Hope that helps!!

Bill :)

Parking Restrictions
 

So I would guess that means RV owners can now park their units in the street in front of their homes and not pay the Villages to store the units?

I dont think so because
 

I dont think you can just leave your RV because most municipalities have an ordinance that says you cannot park a vehicle on the street for more than 24 hours at a time... of course people in this town go out and drive their car around the block and park it in the same place. I think she meant the villages cannot regulate it because it is a public street but I am guessing the municipality can and do. Check with the county for further restrictions.
JJ

If the Community Watchman, a representative of the VCDD, calls a fire engine out on a call, who is responsible for the fire run fee? Down here the fire department doesn't do anything for nothing.

not too sure WHAT the rules are but.........when a pickup truck parks on the street, there isn't much room for my little car to pass by it on the narrow streets inthe neighborhoods, so maybe if they get clipped a couple times, maybe they'll park where they belong!

Call Community Watch. If there isn't enough street space to pass "the fire engine test", the truck's owner will have to move it.

Bill

In the 30 or so years that I was associated with fire fighting, I can't recall ever being called to bring a fire truck to a parking situation to see if it fits through.

There were a couple of times that, while on fire calls, we made our own path through cars that were blocking our way.

That wasn't in TV though, was it?

Bill

I was a fireman in New York State for only 4.5 years, many-many years ago, but I do remember being taught in either "The Essentials of Firemanship" or "Pump Operator" training I received that if any vehicles are blocking your access to providing emergency services (i.e. like getting at a blocked fire hydrant) that you should plow the obstructing vehicle out of your way! I don't know if it was legal to do so or not, but either way I wouldn't want it on my conscience if when I was driving the fire truck I refused to move a blocking vehicle and someone died or was seriously injured as a possible result of it!

Did you plow trains out of your way as well? I doubt it.
JJ

Why would it be any different for the Villas? Are they not also public streets? Regardless of what deed restrictions state, they do not have force of law on public property. There are always cars parked on the street in my Villa.

Personally I would prefer it if all homes were the same color, size and model. Makes for nice ambiance. :jester:

Vinny - See post #42

Bill

When the fire alarm sounds, the fire chief is the supreme commander of law enforcement regarding anything that has to do with the fire. If he said, "move it," We said "aye aye sir."

http://th209.photobucket.com/albums/...mileytrain.gif

Love to be proved right. I have a great situation in that I am in a corner villa on a short dead end street. I can fit 3 or 4 cars along my wall on that street without blocking anyone. :angel:

:BigApplause:Thanks for response Bill, I'll keep it in mind the next time!

I asked a Sumter County deputy if it is illegal to park on the street here in TV. He said yes .... and cited the statute. He said that routinely they do not do so but 'if a neighbor ... or another party .. complains they may be forced to do so or may chose to do so.'

Parking
 

You can park your car on the street.They will not give you a ticket. Been parking my car on the street for over two and a half years. do not understand the problem with this. It is a street,where cars drive.

What statute?
 

I would love to read this "statute" because I do not believe it exists. There is no way sumter county has a law that says you cannot park on a public street. Please give us the statute he cited. Thanks.
JJ

Vinny,
Someone asked if I was talking villas, so I clarified.

The Deed Restriction as quoted, rule 12, says owners are to park in their garage or driveway.

I've no problem with short term parking when needed, but to own several vehicles that overflow your garage and so you park 'em in the street is trashy, that's all. Just my opinion.

There have been a lot of fussy opinions and erroneous posts on the parking issue. Isn't there an attorney poster who understands contract law, deed restrictiions and covenants and county ordinances who can help clear this up?

I would even welcome the Developers legal guys if they would offer valid clarification:shrug:

Post #42 references feedback directly from the VCDD about what they enforce.

Bill

parking
 

After two and half years parking in front of my house, I can tell you that you are allowed to park in the street.How would you think otherwise. Do you know someone who received a ticket or warning. I do not. I would talk to police and community watch in the street leaning against my car.They do not give tickets period.

Sumyer County Ord. No. 96-23, § 9, 12-16-96; Ord. No. 2003-1, 1-14-03, states:

"c. Parking. Notwithstanding the provisions of the Green Book, on-street parking is not allowed except when specifically approved by the commission."

The "Green Book" pertains to building requirements for developers, including street/road dimensions, etc.

So, given this Ordinance, unless Sumter County has approved parking for an area/street, I'd say parking is not allowed on the street and it would be up to the County Deputy Sheriffs to enforce parking, should they so desire. Personally, I don't like taking the risk of being towed, so I wouldn't park on the street. You never know when a neighbor might decide to call about it or when a Deputy Sheriff should decide to act upon it.

Code of Ordinance
County of
Sumter, Florida

Chapter 17 Motor Vehicles and Traffic
Atricle II Stopping, Standing, and Parking
Division 1 Sumter County Parking Ordinance

Sec 0-29
(a) within the unincorporated areas of Sumter County Florida, except where necessary to avoid conflict with other traffic, or in compliance with law or other directions of the sheriff or his deputy or official traffic control device, no person shall:

(3) park a vehicle whether occupied or not except temporarily for the purposes of and while actually engaged in loading and unloading merchandise or passengers:

b. in any county road, street or right-of-way in the unincorporated areas of Sumter county.
-------------------------------------------------

Seems a pretty clear indication that parking on county roads in unincorporated areas is not generally allowed . This incorporated with deed restrictionsand covenants, would seem to relate clearly to most of TV area. Now if we want more strict compliance, how do we achieve it?

I question that because..
 

I question that because if you go here:
http://library4.municode.com/default...ction=whatsnew
I think You can read all of the Sumter County Ordinances, and if you search for Parking... it will take you to Article 2
ARTICLE II. STOPPING, STANDING AND PARKING*
and I do not see anywhere in there where you cannot park on the street; in fact it lists the circumstances where you cannot park and in fact tells you how you can legally park by being within 12 inches of the curb.
"Except as otherwise provided in this division, every vehicle stopped or parked upon a two-way street or highway shall be so stopped or parked with the right-hand wheels parallel to and within twelve (12) inches of the right-hand curb or edge of the street or highway."
Please correct me if I am wrong.
Thanks. JJ

bump

Challenger -

I wonder if The Villages is considered to be an incorporated area or is it considered unincorporated?

Bill

There is no incorporated municipal govt as far as I know for any part of TV . State laws usually use incorporated to refer to municipal goverments.

That helps - thanks!

Bill

Why
 

Just curious. If you have a garage which we all do, if you have a driveway which we all do, why the hell would you want to park in the road where the cars drive, golf carts drive, bikes ride and joggers & walkers are??? My original question was regarding a 30 something foot Motor home which parks more the 24 hours in the road at the end of someone elses driveway on a bend in the road. Deed compliance says it's no problem as long as the Fire truck gets by. I too was a fireman for 42 years and drove. I doubt the Fire Truck, especially T51 could get by.

Let's all park on the street!
 

I'm very reluctant to continue this thread but here I go. One of the many reasons we moved to TV was because it is so beautiful. We have lived in areas where there were no restrictions on parking any type of vehicle on the streets. Needless to say, we always seemed to have a next door neighbor with a commercial plumber's truck or a pick up truck filled with construction material, who parked in front of our property. So if there are no restrictions on parking in TV, maybe we all should just park in front of our homes! Just imagine how your street would look if everyone was dumb enough to park their vehicles on the street. I don't need deed restrictions to make me park in my garage because I have pride in how my neighborhood looks and I also don't want my car fading in the Florida sun. Let's keep TV streets as beautiful as they can be.:kiss:

or move to Lake Weir

Skip,
Just curious, How wide is the typical fire truck? My motor home is, I think 8 1/2 ft wide. That doesn't leave much room for other vehicles to go around on the narrow streets here.
Thanks,
Bob

parking
 

Parking on the street is Dumb?That is what streets are for. Do not think it takes anything away from the village image. This way I will aways have new driveway cement. This way I am not driving over my new painted driveway. Still cannot figure out why someone would paint the driveway,Or I am not parking a 1000 degree car in my house. Talk about accident ready to happen. As far as cart drivers,joggers,walkers,no one said life would be easy.

Answer
 

Pierce ladder truck was 9 1/2' wide mirror to mirror and 39' long. Next time my neighbor parks maybe we need T51 to come by. I think it'll be on my neighbor lawn to pass. If our Deed Restrictions aren't enforceable why the heck have them.

This kinda sounds like a tempest in a teapot. I have looked up and down my street since this thread started days ago and not ONE person has parked there...except for the yard crews and they are in and out.

If this is a real problem, me and the girls could come over and help.

We are scary. I am trying to get Pooh to join us, but she is not much for beating up people.

Gracie, should we start a wet noodle brigade? We could carry our strainer of noodles and just beat up every car we see parked on the street. That should make it move!

Redwitch. shhhhh. You NEVER, never divulge just HOW you are gonna harm someone.