Residents Parking on Street

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  #31  
Old 03-04-2011, 07:36 AM
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[ 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.[/QUOTE]

It's that simple .... parking on the street is a County matter and is permitted unless there is a safety issue! I personally feel the ambiance is much nicer if everyone parks in their garage. But of course there may be times you need parking for guests.

By the way, if you have a temporary need for additional parking, you can request a pass from a Rec Center to park in their parking lot for 3 days, or a Regional Rec Center to park for a week.
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  #32  
Old 03-04-2011, 08:04 AM
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Without a county ordinance, I don't believe that parking can be restricted on a public street. In areas where there are non dedicated streets, the contracting parties ,ie property owners subject to restrictions because of covenants etc. can be bound to each other to follow the " rules" but these agreements would have no effect on non contracting parties as to the use of publicly owned property. Usually govt bodies will only restrict street parking for real( not imagined ) safety considerations.
If my statements are correct, it would be difficult to determine what car was or wasn't subject to enforcement action on a public street.
  #33  
Old 03-04-2011, 10:15 AM
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Quote:
Originally Posted by Barefoot View Post
[ 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.
It's that simple .... parking on the street is a County matter and is permitted unless there is a safety issue! I personally feel the ambiance is much nicer if everyone parks in their garage. But of course there may be times you need parking for guests.

By the way, if you have a temporary need for additional parking, you can request a pass from a Rec Center to park in their parking lot for 3 days, or a Regional Rec Center to park for a week.[/QUOTE]

Quote:
Originally Posted by Challenger View Post
Without a county ordinance, I don't believe that parking can be restricted on a public street. In areas where there are non dedicated streets, the contracting parties ,ie property owners subject to restrictions because of covenants etc. can be bound to each other to follow the " rules" but these agreements would have no effect on non contracting parties as to the use of publicly owned property. Usually govt bodies will only restrict street parking for real( not imagined ) safety considerations.
If my statements are correct, it would be difficult to determine what car was or wasn't subject to enforcement action on a public street.
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.
  #34  
Old 03-04-2011, 10:29 AM
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Default You are not going anywhere if you are in compliance.

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Originally Posted by pqrstar View Post
Check on this website - District Gov. - Deed Compliance
http://www.districtgov.org/departmen...drestrict.aspx

"Parking: Vehicles are to be kept in owners garages or concrete driveways"
"Parking: Vehicles are to be kept in owners garages or concrete driveways"

I would like to point out that this language does not even mention streets.
The only thing it says is once you get your vehicle in your garage or on your driveway, you can never move it off your property. It also means that in order to be in compliance you had to have your vehicle in your garage or on your driveway before you signed the deed restrictions. Hope you don't have brick pavers because if you do you are stuck in the garage forever. And don't forget that a golf car is a vehicle... so is a bike.
So forget about driving or riding to the square or anywhere else from now on.. because you agreed that vehicles are to be kept in owners garages or concrete driveways.

Who the heck wrote this? ... could it be the same person who did not get a private opinion letter from the irs before they sold tax free municipal bonds?

I have read the deed restrictions. You should too. The content and language varies from village to village.. If you want a laugh or worse, read them carefully, line by line, and ask yourself, what does this say, not what do you "think" they meant.
JJ
  #35  
Old 03-04-2011, 10:40 AM
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hi bluedog103,
your quote on the parking issue:
"The administration gave up because the streets are publicly owned. They have no authority to regulate parking, except in the villa neighborhoods."
--------------
I'm talking specifically villa neighborhoods since that's what I contacted the CDD guy about, there is no enforcement there - no violation in their view regardless of how the rule reads, just to clarify
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  #36  
Old 03-04-2011, 10:53 AM
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I park on the steet everyday, 24 hours a day 7 days a week. Do not see a problem,maybe because I have a nice car to look at.
  #37  
Old 03-04-2011, 10:53 AM
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Default I am still not convinced...

Quote:
Originally Posted by cabo35 View Post

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.
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?

Last edited by ajbrown; 03-04-2011 at 11:16 AM. Reason: spelling
  #38  
Old 03-04-2011, 11:00 AM
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The owner of the car being parked can only breech a contract he is a party to.
  #39  
Old 03-04-2011, 11:35 AM
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Default I answered your point.

Quote:
Originally Posted by ajbrown View Post
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?
I answered your point. This language is so ridiculously worded no court would enforce it. It does NOT say you cannot park on the street... it says once your name is on the deed you cannot move your car, golf car, bike, or any other vehicle anywhere in the universe if it is not parked in your garage or on your driveways (if you do not have brick pavers) if you have forgotten to park it IN the garage before you signed it.. and then you must keep it there until you get your name off the deed. Do you really think that language is enforceable?
JJ
  #40  
Old 03-04-2011, 11:48 AM
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Quote:
Originally Posted by paulandjean View Post
I park on the steet everyday, 24 hours a day 7 days a week. Do not see a problem,maybe because I have a nice car to look at.
Other than a nice car, why?
  #41  
Old 03-04-2011, 12:39 PM
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Quote:
Originally Posted by ajbrown View Post
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?
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.
  #42  
Old 03-08-2011, 03:08 PM
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Default Feedback from the VCDD re: street parking

Quote:
Originally Posted by Bill-n-Brillo View Post
I re-checked the deed restrictions for our patio villa in Duval. The document states that "No owner of a Homesite shall park, store, or keep any vehicle except wholly within his driveway or garage". It goes on to mention things about working on a vehicle, no boats/trailers/campers/etc. allowed to park in parking spaces, and so on. But there is nothing specific mentioned - at least in our set of deed restrictions - about street parking.

To me, it seems to be a bit like the satellite antenna debacle of years past. There used to be a set of restrictions about how and where you could/couldn't mount a dish antenna. That all went by the wayside when the VCDD realized it wasn't within their domain to be able to restrict such things.

Regardless, I've sent an e-mail off to our friends at the VCDD to get their feedback on the street parking dealie-do. I'll post their response when I receive it.

Bill
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
  #43  
Old 03-08-2011, 10:24 PM
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Default 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?
  #44  
Old 03-08-2011, 10:36 PM
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Default I dont think so because

Quote:
Originally Posted by bargee View Post
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 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.
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  #45  
Old 03-08-2011, 10:54 PM
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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.
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