I think our CGHOA would be wise to seek advice from counsel before targeting homeowners who legally park their personal property, next to their personal property. It is understandable that everyone has opinions, pet peeves, and emotions; but we must keep in mind that our neighbors also pay mortgages, keep fine yards, raise families, keep fine homes and work every day, just as we do. Our HOA helps to protect our property values as a group yes, but at the same time, it grants certain powers to a limited number of homeowners to exercise rule over the group, and this can become a problem if we don't watch closely, watch as one would watch any system of government they have elected.
We all witness civil liberties being removed daily in the name of "public safety," and we have all witnessed landowners stripped of their rights in the name of imminent domain because an elected official, they put in office, decided the property would be better off as a highway than a home. Elected officials typically these type decisions after being in office for long periods, when the new has worn off, an no fear of removal from office is present; term limits ensure non-abuse. Small associations such as ours, have repeat officials due to a lack of participation from the governed body.
Not withstanding my former statements, what do we want from our HOA? My guess would be: Assistance with maintaining safety, maintaining or raising property values, keeping homeowners informed of matters impacting the community, and sponsoring community functions that help nurture the communication. I do not wish Constitutional rights granted me, to be _____; that is not what I sighned up for; I digress.
QUESTION 1: Does parking on the street temporarily truly effect our property values? ANSWER: NO.
Temporarily parked cars, provided they actually have tires and recent build dates, have absolutely zero effect on property value. A 1984 Buick on cinder blocks might sway buyers to look elsewhere, but even so, the method for calculating actual value doesn't include parked cars; I happily open debate on the matter. One could argue the same of dirty dishes left in a sink; if seen by this mystical appraiser, the value of the home would be lowered, funny but true. By the same comparison, all things being equal, I might be in luck because my vehicles nearly mirror my mortgage in value, and thus would increase my property value, no? It's really a senseless argument if you look at it logically.
Most first time homeowners, and nearly all second time homeowners understand home values are simply assigned using comparables (comps) and square footage under beam; otherwise by rebuild estimation. Cypress Garden home values are not calculated by rebuild, you need seven figure homes for this; sadly, the new floor installed is possibly mere window treatment, unless your buyer comes up with cash; similiar to buying overpriced cars.
QUESTION 2: Do homeowners have the right to park on the street? ANSWER: Yes
Simply, our fine state's constitution grants all drivers the right to park, keys removed from ignition, on any non-State highway with adjacent curbs, provided the right-hand wheels are parallel to, and within eighteen inches of the curb. Property ownership does not affect said roads; nor is there a right of way which leads to the other side; right of way covers entry alone, which may not be impeded.
QUESTION 3: Are Cypress Garden's roads considered State, Parish or Private? ANSWER: Parish
The Livingston Parish Department of Public Works confirmed today that Isabelle Ct and all connecting roads within Cypress Gardens are considered Parish roads; Irene was the person confirming this information. It is legal to park on any curbed road as previously stated, unless otherwise restricted; that said, it is unlawful to erect "no parking" signs without permit which will require a reason for such.
QUESTION 4: Does parking on the street create a situation that would allow a no parking permit to be issued? ANSWER: No
There would need to be a clear reason for applying for this permit such as public safety, the obstruction argument doesn’t hold water either. The law specifically states, it is legal to park provided there is room for a vehicle to clearly navigate the highway otherwise; also note that two vehicles may not be parked across from one another, forcing a vehicle to thread between.
QUESTION 5: Does our HOA have the authority to tow a parked car or fine it's owner. ANSWER: No
Many planned communities seem to confuse this issue and overstep their bounds, and yes, there are limits that bind our homeowners associations. The state of Louisiana “grants” Cypress Gardens the privilege of setting up rules; these rules however, may not “infringe upon any right that is protected by the Louisiana State Constitution, nor do they affect the ownership titles of lot owners in the state.” Since the CGHOA may not infringe on rights granted to you, it is unlawful for said to enforce towing or restrictions on legally parked vehicles. Also, it is unlawful for them to levy a tax lean for this reason because they may not affect ownership.
CLOSING
I plan to only park legally, which is my right, along the curb when necessary; I will not abuse this. I would like to add, if anyone is towed or levied against; I will be chipping in on the legal fund to sue the pants off CGHOA for overstepping their boundaries.
Leave these poor folks alone, cant we find better use of our time and efforts? It's a nice neighborhood, ok? Enough is enough already.
Sincerely,
Mike Weeks
We all witness civil liberties being removed daily in the name of "public safety," and we have all witnessed landowners stripped of their rights in the name of imminent domain because an elected official, they put in office, decided the property would be better off as a highway than a home. Elected officials typically these type decisions after being in office for long periods, when the new has worn off, an no fear of removal from office is present; term limits ensure non-abuse. Small associations such as ours, have repeat officials due to a lack of participation from the governed body.
Not withstanding my former statements, what do we want from our HOA? My guess would be: Assistance with maintaining safety, maintaining or raising property values, keeping homeowners informed of matters impacting the community, and sponsoring community functions that help nurture the communication. I do not wish Constitutional rights granted me, to be _____; that is not what I sighned up for; I digress.
QUESTION 1: Does parking on the street temporarily truly effect our property values? ANSWER: NO.
Temporarily parked cars, provided they actually have tires and recent build dates, have absolutely zero effect on property value. A 1984 Buick on cinder blocks might sway buyers to look elsewhere, but even so, the method for calculating actual value doesn't include parked cars; I happily open debate on the matter. One could argue the same of dirty dishes left in a sink; if seen by this mystical appraiser, the value of the home would be lowered, funny but true. By the same comparison, all things being equal, I might be in luck because my vehicles nearly mirror my mortgage in value, and thus would increase my property value, no? It's really a senseless argument if you look at it logically.
Most first time homeowners, and nearly all second time homeowners understand home values are simply assigned using comparables (comps) and square footage under beam; otherwise by rebuild estimation. Cypress Garden home values are not calculated by rebuild, you need seven figure homes for this; sadly, the new floor installed is possibly mere window treatment, unless your buyer comes up with cash; similiar to buying overpriced cars.
QUESTION 2: Do homeowners have the right to park on the street? ANSWER: Yes
Simply, our fine state's constitution grants all drivers the right to park, keys removed from ignition, on any non-State highway with adjacent curbs, provided the right-hand wheels are parallel to, and within eighteen inches of the curb. Property ownership does not affect said roads; nor is there a right of way which leads to the other side; right of way covers entry alone, which may not be impeded.
QUESTION 3: Are Cypress Garden's roads considered State, Parish or Private? ANSWER: Parish
The Livingston Parish Department of Public Works confirmed today that Isabelle Ct and all connecting roads within Cypress Gardens are considered Parish roads; Irene was the person confirming this information. It is legal to park on any curbed road as previously stated, unless otherwise restricted; that said, it is unlawful to erect "no parking" signs without permit which will require a reason for such.
QUESTION 4: Does parking on the street create a situation that would allow a no parking permit to be issued? ANSWER: No
There would need to be a clear reason for applying for this permit such as public safety, the obstruction argument doesn’t hold water either. The law specifically states, it is legal to park provided there is room for a vehicle to clearly navigate the highway otherwise; also note that two vehicles may not be parked across from one another, forcing a vehicle to thread between.
QUESTION 5: Does our HOA have the authority to tow a parked car or fine it's owner. ANSWER: No
Many planned communities seem to confuse this issue and overstep their bounds, and yes, there are limits that bind our homeowners associations. The state of Louisiana “grants” Cypress Gardens the privilege of setting up rules; these rules however, may not “infringe upon any right that is protected by the Louisiana State Constitution, nor do they affect the ownership titles of lot owners in the state.” Since the CGHOA may not infringe on rights granted to you, it is unlawful for said to enforce towing or restrictions on legally parked vehicles. Also, it is unlawful for them to levy a tax lean for this reason because they may not affect ownership.
CLOSING
I plan to only park legally, which is my right, along the curb when necessary; I will not abuse this. I would like to add, if anyone is towed or levied against; I will be chipping in on the legal fund to sue the pants off CGHOA for overstepping their boundaries.
Leave these poor folks alone, cant we find better use of our time and efforts? It's a nice neighborhood, ok? Enough is enough already.
Sincerely,
Mike Weeks