Ellen's Corner • September 16, 2018
Posted on September 16, 2018 9:05 PM by Admin
Categories: Ellen's Corner
Thanks to all the residents that have provided such great feedback on our new website. Our goal will be to continue to add documents, information and a one-stop for all things HOA. Please be patient as Bert and Jim work diligently on this project.
I wanted to speak directly to the reason why the HOA will not respond directly to Facebook. First off, the intent of that group, even from the beginning, was social in nature. Unfortunately, for many years, we did not have the ability to communicate and it became a surrogate communication forum.
When I became President, I decided to try to respond as much as possible because I shared the frustration of not having an alternative form of communication. Now that the website is available, we will send out pertinent info as it becomes available and we will also answer questions sent via the website. Bert, Jim and I are trying to figure out the best way to do that so bear with us and we will answer them and post on the website ASAP.
Secondly, and more importantly, we need to keep our HOA info, including our questions and comments, on a secure site. If you have an urgent question or issue that you feel can't wait, just call or text me at 949-899-4984. I will give you an honest accurate answer as soon as possible. Please remember that I do NOT have authority to make decisions that may require board approval.
In that vein, the first email I received via the website was regarding ramp access to the park. This issue has apparently been discussed in the past, but there is an interesting twist to it. I think we all agree that a ramp is needed (I huff and puff just trying to get my grandchildren up the hill in a wagon much less over the curb) and we must make our park accessible to all, especially anyone with wheelchair requirements for themselves or their family. This issue was posted on Facebook, but then referred to me via the website. It is on our agenda for the next meeting on Tuesday. So, what is the twist? Even though we all probably agree that the builder should've installed one, since our community is private property, the ADA requirements don't apply, as they are for "public access sites" only. The better question is not why we don't need to comply, but why wouldn't we comply??
Regarding the hot topic of parking - the fact is that other than our CC&R's, there were no existing parking rules for our community other than a reference following California Vehicle Code Section 22658.2 (see recap below), which does give us the right to tow (vehicles) based on the signs posted at the entrance to our gates. However, the difficulty is determining that a vehicle IS, IN FACT, NOT OWNED BY OR A GUEST OF A RESIDENT.
This certainly doesn't address the issue of people coming into the community to park during SJHHS football games. It's unfortunate that bad behavior exists and there are always a few people who seem to ruin things for everyone. The game this Friday (9/21) is away; but next week (9/28) is Homecoming and the issue of security guards will be discussed at the HOA meeting this week.
Unfortunately, other priorities had taken away the time we needed to work on proposed rules, which by law, must be sent out to homeowners for a 30-day review and comment period, with an additional 15-day advance notice requirement (45 days total). However, that work is now ongoing and these rules will now clearly define the process that we will take for unauthorized student parking, for instance, warnings, etc.
I think we can all agree that unauthorized parking is more than an annoyance; it invades our community and our privacy, but towing should always be the last resort for those that won't heed warnings. So, please, the real answer is NOT THAT THE HOA WON'T ENFORCE RULES, but rather, we need a process along with legal, approved written rules to follow. If anyone would like to volunteer for the Community Access Committee, please contact either Alex Hart or myself. We would love to have you.
CVCS 22658.2 (as excerpted from FINDHOALAW.com)
Circumstances for Towing of Vehicles:
When a vehicle is improperly parked upon an association’s common areas, the association may have the vehicle towed under any of the following circumstances:
- Where “there is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property” (CVC § 22658(a)(1)); or
- Where “the vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of the notice” (CVC § 22658(a)(2)); or
- Where “the vehicle is on private property and lacks an engine, transmission, wheels, tires, or other equipment necessary to operate safely on the highways, the owner or person in lawful possession of the private property has notified the local traffic law enforcement agency, and 24 hours have elapsed since that notification” (CVC § 22658(a)(3)); or
- Where “the lot upon which the vehicle is parked is improved with a single family dwelling.” (CVC § 22658(a)(4)).
Posted on September 17, 2018 1:18 PM
Thanks for sharing all this info regarding the parking issue ... it seems to be a complicated process but at least there is the proverbial "light at the end of the tunnel". And this can't come soon enough for those of us who live on Via Zamora who definitely feel the brunt of these uninvited incursions by the high school crowd. We certainly look forward to an efficient resolution to this issue!
Last Edited: 09/17/2018 at 01:20 PM