Legal Question in Real Estate Law in California

hoa

The CC&R's state that: ''... no owner shall convert his or her garage to any use which prevents its use for the number of vehicles owned by the Owner......No Owner shall park his or her vehicle in any area where parking is disallowed by the city.'' It doesn't say cars must be in the garage, just that space in the garage must be made for the car. There is no mention of street parking. The city of Carlsbad, CA says cars may be parked on the street, but can not be left for more than 72 hours strait. My HOA plans to submit a letter to every home owner who has a car either in their driveway -or- the street in front of their home (with a fine attached). The issue I have is, I do have room in my garage for my car, however I choose not to park in there (to get into my garage you have to make more than a 90` turn on the driveway). I park in the driveway, but am willing to park in the street. My contention is that the CC&R's do not say my car must be in the garage, and that they have no power over who parks in the street (unless of course the car is there more than 72 hours, in which case they can call the police). Thoughts? Am I right? If I get a notice, how should I respond? Should I begin to park my car in the street?

Sincerely-

Liz

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