Residents Parking on Street

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  #16  
Old 03-03-2011, 10:16 AM
runnermi runnermi is offline
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You could always flatten one of their tires until they get the hint. Kidding!

The condo I live in has the same issue. In the by-laws, it states that there is no overnight parking on the streets. They couldn't enforce it and since our streets are narrow, changed it to one side of the street only. I cannot tell you how many cars have been backed into when parked on the street.

One of my neighbors complained to me that her car had been backed into multiple times. Really? It would take just one time for me and I sure wouldn't park there again.
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  #17  
Old 03-03-2011, 12:06 PM
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There is nothing illegal about parking your car on the public street. The guest spaces in the villas are 100% different.

Your house has a double driveway. Why park in the street? Only cars are allowed in your driveway or street. No motorhomes, trailers, boats, etc.

Seems kind of silly to park in the street when the car could be in the garage or driveway. Also seems kind of silly to let it bother you so much you call Community Watch.
  #18  
Old 03-03-2011, 12:19 PM
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Originally Posted by Tbugs View Post
There is nothing illegal about parking your car on the public street. The guest spaces in the villas are 100% different.

Your house has a double driveway. Why park in the street? Only cars are allowed in your driveway or street. No motorhomes, trailers, boats, etc.

Seems kind of silly to park in the street when the car could be in the garage or driveway. Also seems kind of silly to let it bother you so much you call Community Watch.
Your common sense is showing.
  #19  
Old 03-03-2011, 12:43 PM
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Are the streets in the Villa neighborhoods public?
  #20  
Old 03-03-2011, 12:52 PM
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Default Don't like it

I for one think the community looks so much nicer with the streets empty from vehicles. I think to many it was a selling point. Just my opinion. It's in the Deed Restrictions, why publish it if you can't enforce it. Car leads to truck, to motor home etc. Whats the next thing. One big problem with it is I park in the street the the guy accross the street parks opposite then what. BOOM accident. Just my opinion. I'm sure some won't agree.
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  #21  
Old 03-03-2011, 01:11 PM
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you guys can say all you want about what the written rules are,
and perhaps what common sense would be, but.. but..

but Deed Restrictions doesn't enforce the rules on parking on any street, that's a fact. been there done that and given up, park anywhere except on the lawn.

The prior CDD guy (Nick) said most of his calls were for parking.
I think the new administration just figures it's too much ado about too little and gives up on that one.
  #22  
Old 03-03-2011, 01:26 PM
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Originally Posted by JohnN View Post
I think the new administration just figures it's too much ado about too little and gives up on that one.
The administration gave up because the streets are publicly owned. They have no authority to regulate parking, except in the villa neighborhoods.
This argument isn't isolated to TV. Up north I've seen this battle many times in suburban neighborhoods. When one neighbor has company the visitors grab a spot wherever they can find one. It gets comical when people come out of their houses hollering and yelling. Sometimes visitors are intimidated and move their cars. Usually they just ignore the screams and threats to call the cops and go on about their business.
These things make life entertaining. They can't be taken seriously.
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  #23  
Old 03-03-2011, 01:34 PM
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I have neighbors who park on the street just on a rise of a small hill, so when I'm coming down the street, I can't see if another car is coming toward me or not. Now the neighbor on the other side of the street is starting to park THEIR car on the other side of the street. With narrow streets, I think it's a safety problem, let alone the fact that it doesn't look as nice as when all the streets are kept clear. The one car parked on the street usually is parked heading the wrong way, which REALLY ticks me off. It's frustrating when it's in the deed restrictions and yet these aren't being enforced. I have another neighbor who parked a big truck they used for hauling a small trailer in their own driveway. CDD told them that wasn't allowed, and they had to find another place to store their truck. I'm not advocating having big trucks in your driveway, but if CDD can tell you what the heck you can park in your OWN driveway, I don't know why they can't enforce their own restrictions on streets. In my neighborhood in Virginia, it says in our neighborhood covenants that we can't have fences in our front yards. No one does, and it's been that way for the 35 years we've had a house there. I guess I don't understand why street restrictions in the deed in a planned community can't/won't be enforced. The CDD cars cruise through my neighborhood on a regular basis, so it's not as if they have to go out of their way to ask the owners to put their car in their driveway. I live south of 466 and I was told that we had restrictions on what we can put in our yard - yard statues, etc. So far no one I see has done that, but if our private yards are regulated, how is it that public streets can't be regulated in the same way, especially when it's a safety issue?
  #24  
Old 03-03-2011, 01:57 PM
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Komoros, Why not just talk with your neighbors about your safety concerns? It is very possible they do not realize it is an issue with you. Face to face communication (in a civil manner, of course) sure works better than siccing the Community Watch on them.

Of course, they are doing nothing illegal.

It does seem strange to me that so, so many Villagers are against policies set forth by the Morse family but when public streets in The Villages have neighbor's cars, it is terrible that nothing is done by the Developer to punish offenders.
  #25  
Old 03-03-2011, 02:01 PM
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I am very happy that at this time none of my neighbors park on the street unless they are having company, I agree it takes away from the ambiance in the hood.

I did find some interesting (IMO) reading on the subject. It is in AZ and a case in MO, but makes the point.... In summary it talks about the fact that residents cannot park on the streets even though the streets are public.

Check out paragraphs three and four in the article below.
http://www.carpenterhazlewood.com/re...h-one-controls
I am sure there are others documents in the Internet on the subject if you are interested....

Last edited by ajbrown; 03-03-2011 at 02:19 PM. Reason: always make mistakes
  #26  
Old 03-03-2011, 02:10 PM
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We are trying to apply different rules to different situations.

Parking on public streets is a county issue. If it is a safety issue bring it to the attention of the county.

Parking on your own property is a deed restriction issue.
Basically, deed restrictions prevent you from parking on your lawn, parking RV's for extended periods, etc. It's all there in the deed restrictions document. Some might not agree with some terms of the restrictions but we all signed on at closing.

Someone mentioned open garage doors. Some sub divisions have restrictions preventing open garage doors. As far as I know The Villages has no such restriction. I agree with the poster who thinks they are an eyesore. Although there is no restriction here it is up to us to to practice common sense and common courtesy.
  #27  
Old 03-04-2011, 05:54 AM
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Downeaster hit the nail on the head. Deed Restrictions are part of your deed and apply to your land, your lot, whatever. They would not apply to a non-resident on public property and oven a resident on public property. Public roads, like most of our streets, come under the county. There are a few (very few) parking restrictions in Lake, Marion and Sumter Counties on the books today, usually concerning how near fire hydrants you can park, etc.
  #28  
Old 03-04-2011, 06:13 AM
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Default Seems to me there is precedent for deed restrictions disallowing parking on streets

I am no lawyer, but sure seems that there is precedent for deed restrictions being used to prevent parking on public streets by residents if TV wished to enforce that.

This paragraph comes directly from the article at http://www.carpenterhazlewood.com/re...h-one-controls
While there are no published cases in Arizona about the enforceability of association restrictions against parking on public streets, there is an appellate case on the subject from Missouri.1 The Missouri Court held that the association could control street parking on a publicly dedicated street because owners contractually gave up their right to park on the street. This is consistent with the general view that private covenants, such as deed restrictions, can be more restrictive than ordinances, and that such covenants are enforceable as contracts. Arizona law clearly holds that recorded CC&Rs are contracts. CC&Rs govern and restrict the use of land within a given community and constitute “a contract between the subdivision’s property owners as a whole and the individual lot owners.”2

Some snippets by a Florida attorney from an article here http://www.hg.org/article.asp?id=6969
The case went to court and the homeowner argued that the municipality controlled the streets: not the association. The court disagreed. The court found that the association’s parking regulations promoted a neighborhood scheme which was created by the deed restrictions. Furthermore, the homeowner as a matter of contract agreed to additional regulations restricting parking.
and another case from the same article.....
The second case in support of the association’s right to restrict parking is Maryland Estates Homeowner’s Association v. Karen Puckett and Chris Schallert. The case essentially held that a homeowner must abide by all restrictions including restrictions against parking in the street. The homeowner cannot pick and choose which rules he will obey.
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Last edited by ajbrown; 03-04-2011 at 07:52 AM.
  #29  
Old 03-04-2011, 06:22 AM
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Quote:
Originally Posted by ajbrown View Post
I am no lawyer, but sure seems that there is precedent for deed restrictions being used to prevent parking on public streets by residents if TV wished to enforce that.

This paragraph comes directly from the article at http://www.carpenterhazlewood.com/re...h-one-controls
While there are no published cases in Arizona about the enforceability of association restrictions against parking on public streets, there is an appellate case on the subject from Missouri.1 The Missouri Court held that the association could control street parking on a publicly dedicated street because owners contractually gave up their right to park on the street. This is consistent with the general view that private covenants, such as deed restrictions, can be more restrictive than ordinances, and that such covenants are enforceable as contracts. Arizona law clearly holds that recorded CC&Rs are contracts. CC&Rs govern and restrict the use of land within a given community and constitute “a contract between the subdivision’s property owners as a whole and the individual lot owners.”2

Some snippets from an article here http://www.hg.org/article.asp?id=6969
The court found that the association’s parking regulations promoted a neighborhood scheme which was created by the deed restrictions. Furthermore, the homeowner as a matter of contract agreed to additional regulations restricting parking.
and.....
The second case in support of the association’s right to restrict parking is Maryland Estates Homeowner’s Association v. Karen Puckett and Chris Schallert. The case essentially held that a homeowner must abide by all restrictions including restrictions against parking in the street. The homeowner cannot pick and choose which rules he will obey.
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Not a person mentioned salt trucks.
  #30  
Old 03-04-2011, 06:52 AM
HawkeyeBarb HawkeyeBarb is offline
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I will mention salt trucks, Gracie. I am tired of them driving by my house and am ready for some Spring weather!
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