G.C. from San Diego, California writes:
Dear Mister Condo,
Several years ago, my HOA began to allow residents to park on the sidewalk, blocking pedestrian access and forcing us to walk in the street with cars and trucks around us. When asked, they refuse to do anything even though CA vehicle code has made that illegal since 1959. I know public law trumps CC&R’s and have pointed that out to our board but they STILL refuse to correct this safety issue.
Mister Condo replies:
G.C., I am sorry that your Board has made the decision to flaunt the local vehicle code but I can only imagine how tight the parking is in your association that the Board even considered it, let alone granted it, in the first place. Additionally, I imagine to residents applied plenty of pressure to bet the Board to allow such a measure. You really only have two choices here as I see it. You could simply go along with the wisdom of the Board and accept that sidewalk parking is an allowable practice or you can contact local authorities for their opinion on the matter. Keep in mind that association grounds are private and may have more flexibility than city-owned property but if there is a municipal code being violated, the association would likely receive notice (and/or fines) for violating code. Future infractions would also have to be reported to keep the unit residents and Board on track to keep the sidewalks clear. I guess it is your choice, G.C.. All the best!