QuestionI live within a HOA in California. I park a friend's boat in front of my house at the end of the weekend to use on the weekends (During Summer Months). The community I live in is not a gated community and the streets are publicly maintained and their in no expectation of exclusive use by its members. However, the HOA insists I cannot park a boat on the publicly owned and maintained street regardless of ownership because of the CC&R's I signed. I believe this is law enforcement issue (72 hour parking) and not an HOA issue. Any help would be appreciated.
AnswerHOA's often contract out the maintenance of the roadways to the city or the county as they can not afford all the equipment to pave, clean and maintain the roadways. Yes they consider it a private street at that point, but it's still a public maintained road as they pay for the services.
Now that being said, an HOA does have all kinds of rules and regulations which they can create which go over and above most local laws. That is what the CC&R's are.
Unfortunately you are kind of stuck as I see it, unless you can go the the county planning office and determine the "actual ownership" of the roadways in question. That might be where you can fight it. But remember the saying "do not pee in the pool you are swimming in" as it applies here.
You still have to live there, even if you make waves it will get worse.
I used to have a link to some HOA information on parking for California but the latest puter meltdown lost it, and I can not find it right now... But I seem to remember that it was somewhere on the DMV website which mentioned ownership of roads via maintenance. You might contact them and see if they can point you in the right directions.
Sorry for not having specific answers.
