Legal Question in Real Estate Law in California
Does the below CC&R declaration below mean you can't park an operable vehicle on the street?
Any help would be aprreciated and thanks for taking your time in advance for your advice.
2.15 Parked or Stored Vehicles. No trailers, boats, motor homes, RV's, commercial vehicles or inoperable cars shall be parked on the street or streets adjacent to any Lot, or in the driveway or yard upon any Lot unless the oprtion of driveway or yard so used is located to the rear of the front of the house and is enclosed by a suitable fence and said vehicles are obscured from neighbors and street view.
2.16 Parking. Every Owner and resident within the Properties shall use the garage, which is part of the residential improvements constrcted upon each Lot, for parking or storing all vehicles owned or driven by the Owner or other residents, except for those vehicles rpovided for under Section 2.15. No Owner or resident shall use the streets or driveways for the storage of any vehicle, of any type, except for the following:
If , in fact, two operable cars ownned by Owner are in an Owners' garage and the Owner owns more than two cars, then Owner may place a regularly-operated, registered vehicle in a paved side yard which does not extend beyond the front of the house. If the side yard is not paved or is not available for such parking, Owner may use the driveway for, but only for, parking a regularly-operated, registered vehicle.
3 Answers from Attorneys
No street parking. That's how I read it.
I read it as guest parking only on the streets. No homeowner street parking.
It certainly isn't clear. Messrs. Roach and McCormick may be right, but I believe an argument could be made that (a) the CC&R distinguishes between "parked" and "stored" as two separate and distinct categories (see caption of 2.15), and since 2.16 references only "stored" vehicles, then parking is not covered thereby.
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