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Parking Of Unused Vehicles
Rules and Regulations
WILDERNESS HOLLOW II HOMEOWNERS' ASSOCIATION
I. Introduction
Article XII, Section 5 of the Association's CC&Rs establishes the requirements for the use of Driveways and Parking areas by homeowners. This Rule is intended to supplement that Article of the CC&Rs, and is not intended to supplant or amend them. In the event of an inconsistency or conflict between this Rule and the CC&Rs, the CC&Rs shall supersede and apply.
Under the CC&Rs, the Board has the power to enact further Rules and Regulations as necessary provided such rules are consistent with the purposes of the covenants.
Such Rules may also establish penalties for the violations of those rules. The Board has decided it would be helpful to adopt a rule regarding unused vehicles. Adopting this Rule will provide guidance to members, especially where homes are leased to third parties.
The Board has considered many factors, including without limitation the availability of parking in the community, the aesthetics of the community, the community interest in safety on the roads, the authority provided in the Covenants, and the current limitations on parking.
Accordingly, the Board, in the interest and for the benefit of the community, adopts the following Rule:
RULE: Parking of Unused Vehicles.
- An "unused" vehicle refers to a vehicle that is operable from a mechanical standpoint, but is not being used on a regular basis by an Owner, or a guest or a Tenant, or which cannot be legally operated on public roads due to being unlicensed. A vehicle that has not been moved or used for more than two (2) weeks, or fourteen (14) days shall be considered unused. Because the intent of this section is to protect community aesthetics, simply moving a vehicle around on the same Lot without driving it for household or family purposes will not prevent such vehicle from being considered unused. Additionally, a vehicle with license tabs that have been expired longer than sixty (60) days shall be deemed unused.
- Unused vehicles shall not be parked and/or stored on any Lot or on any street for more than twenty-four (24) hours. Provided, however, such vehicles may be kept, parked or stored for more than twenty-four (24) hours housed within the Owner's garage.
II. Violations
Owners who violate this Rule or whose guests or tenants violate this Rule will be subject to investigation, fines and the enforcement procedures as set out in other applicable rules enacted by the Association.
III. Rule Enforceability
If any portion of these Rules is determined to be legally unenforceable, it shall not negate the enforceability of the remaining portions of the Rules.
Dated and Adopted by the Board of Directors this 14th day of July 2008.
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