The Overnight Parking Problem

[FCHOA Webmaster]

Greetings Forest Creek Residents,

Because we have received many complaints regarding cars parking on the streets, which makes it difficult for two cars to pass, and/or the cars are blocking homeowners’ property, we are sending you a reminder that Forest Creek HOA has a policy against overnight parking.

3.15 Unsightly Articles states: "No automobiles or other vehicles may be parked overnight on any roadway within the Property."
We recognize that these are public streets, and the city has no responsibility to enforce this rule. But the HOA does have a responsibility and authority to enforce it.  (See full CC&R rule below.)

We approved the attached Overnight Parking policy several years ago. It describes the reporting process for vehicles parked overnight. The steps for reporting do require some work, and sometimes informing the homeowner about the rule is enough.
To aid with this, we are sending out this email. And if you have a neighbor who continues to violate the policy while seeming to have open space in their driveway, feel free to make them aware of this rule before reporting the violation.

If you are in violation, we suggest you move the cars to the driveway at night; in most cases this is possible.  If you are in a situation where you have children with cars living at home and your drive is not big enough or there is something else that is preventing you from parking off the street, we encourage you to appeal to the HOA board for a temporary allowance.

Because of the rise in violations related to this, we are looking at going one step further.  We have bids from some security / neighborhood monitoring companies for performing night time inspections.

These inspections would include checking for vehicles parked overnight on the street.  Like any other violation, the following process steps would be followed:

1. on the first violation, the incident is just noted.

2. on the second occurrence, a courtesy reminder will be to the homeowner about the rule and the penalties for failing to correct.

3. on the third, a pre-fine notice is sent to the homeowner 

4. on the fourth and subsequent, a fine is applied to the homeowner's account along with notification of the fine to the homeowner.

Full rule from the CC&Rs

3.15 Unsightly Articles: Vehicles. No article deemed to be unsightly by the Architectural Review Committee shall be permitted to remain on any Lot so as to be visible from adjoining property or public or private thoroughfares. Without limiting the generality of the foregoing, trailers, graders, trucks other than pickups, boats, tractors, campers, wagons, busses, motorcycles, motor scooters, and garden maintenance equipment shall be kept at all times, except when in actual use, in enclosed structures or screened from view and no repair or maintenance work shall be done on any of the foregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structures. Each single family residential structure constructed within the Property shall have garage space sufficient to house all vehicles to be kept on the Lot. Owners shall not keep more than two (2) automobiles in such a manner as to be visible from any other portion of the Property for any period in excess of seventy-two (72) hours. Automobiles shall mean cars, pick-up trucks, sport utility vehicles and vans used for the personal transportation of Members and their guests. No automobiles or other vehicles may be parked overnight on any roadway within the Property. Service area, storage area, loading area, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view from public or private thoroughfares and adjacent properties and no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials or scrap or refuse or trash shall be kept, stored or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view from public or private thoroughfares and adjacent properties.