Dove Valley Ranch proposes to ‘sight’ and ‘site’ habitual street parkers
By Linda Bentley | October 28, 2009
Parking on side streets is one of the single greatest concerns
PHOENIX – The August edition of the “Dove Valley Ranch Roundup” advised Dove Valley Ranch (DVR) homeowners there is a vote underway to change the community’s CC&Rs to address the issue of parking on the community’s side streets. It will require at least a 67 percent majority of the property owners to pass.
The newsletter article opened by stating, “One of the single greatest concerns heard by the committee recommending changes to our CC&Rs and by the board of directors of the Homeowners Association is the issue of parking on DVR side streets. This article is designed to dispel some incorrect information and provide accurate details of the street parking issue.”
It points out that both the existing CC&Rs as well as the proposed CC&Rs state garages are to be used for the parking of vehicles, while citing homeowners, in many instances, have elected to use their garages for storage instead.
The article goes on to say individuals electing to use their garages for storage and have more vehicles than can be parked in their driveway, have chosen to park their cars on the street, a practice it claims DVR residents object to and for which it has asked the association for relief.
“As a result, our management company is contacting and sighting (sic) residents who habitually park on the street,” the article emphasized “It is against the current CC&Rs to park on our streets for any length of time that exceeds 48 hours,” adding “There are residents, both homeowners and home renters who are violating that stipulation.”
Noting the proposed CC&Rs “go much further regarding parking on the streets,” as they will prohibit parking on the streets between 1 a.m. and 5 a.m., period, unless residents obtain a parking permit if parking on the street during those hours is absolutely necessary for guests, which it states “will have to be substantiated.”
While the HOA claims it is very difficult to enforce a ban on daytime parking, since individuals have “guests, workers, contractors and visitors during daylight hours, the board says it is prepared to provide enforcement of the night restriction and states, “If, in fact, a resident is parking a car on a street habitually, our management company will site (sic) the individual and require removal from the street.”
Although the article didn’t indicate whether or not any citations would be issued for parking infractions under the proposed CC&Rs, Scott Dahne, who owns property in DVR, says the proposed CC&Rs are nothing short of “idiocy.”
He responded to the HOA’s proposal by asking, “In the new CC&Rs, if my friends come over for the evening and drink too much and I offer to let them sleep over, then I need permission from the HOA if they park on the street?
“Or, if I have friends over and they don’t leave until 2 a.m., then I need permission from the HOA if they park in the street for that last hour?
Because the CC&Rs state “such a factor will need to be substantiated,” He asked, “Do we have a set of guidelines for what constitutes a valid reason for issuing a pass?”
Dahne also wanted to know who he’d have to call at 12:30 a.m. that will listen to his rationale and then drive over to deliver a pass.
“Even more important,” Dahne asked, “What gives the HOA the right to interfere in our personal liberties as to the enjoyment of our home and knowing when we have people staying at our home?”
He said, “When the HOA Gestapo office turns down a request and then my friend drives home and gets into an accident because the HOA refused a pass, guess which HOA is going to get sued …”
In conclusion, Dahne wrote, “You guys really have your heads up your ass on this one,” and another expletive-laced line calling the proposed changes to the CC&Rs the stupidest thing he’s ever heard in all his years of HOAs.