I read that letter three times, increasingly annoyed with each read. I pulled out my copy of the CC&Rs and went through them carefully. There was nothing in there about boats or recreational vehicles being prohibited from driveways. Nothing. The CC&Rs could only be changed through a vote of the homeowners and there had been no such vote. I had been at the annual meeting just four months earlier and no amendments had been proposed.
I had installed a basic security camera system about a year earlier after some package thefts in the neighborhood and I made sure it was working properly. I had a feeling I might need documentation of whatever came next. I decided to respond formally. I wrote a letter back to the HOA explaining that the rule they were citing didn’t exist in the CC&Rs, which are the actual governing documents of the community.
I pointed out that the board couldn’t simply create new rules that contradicted or expanded upon the CC&Rs without a proper vote of the membership. I cited the specific section of the CC&Rs that outlined what vehicles could and couldn’t be parked in driveways, and I noted that my boat met all the requirements. I kept the tone professional but firm, and I sent it via certified mail so I’d have proof of delivery.
About a week later, Patricia showed up at my door. I had just gotten home from work and was still in my work clothes when the doorbell rang. She had a clipboard and was wearing what I can only describe as her official business face. “We need to discuss your boat,” she said, not even bothering with a greeting.
I invited her in because I figured it was better to have this conversation face-to-face. We sat in my living room, and she launched into a speech about how she was trying to improve the neighborhood’s appearance and property values. She said that boats and RVs parked in driveways made the neighborhood look lower class, and that several neighbors had complained.
I asked her which neighbors had complained. She refused to tell me, saying the complaints were confidential. I asked to see the complaints in writing, with names redacted if necessary. She said she didn’t have to show me anything. Then I asked about the CC&Rs. I said I had reviewed them thoroughly, and there was no restriction on boats in driveways as long as they were properly registered and maintained, which mine was.
Patricia’s response was that the board had the authority to create and enforce rules as they saw fit to maintain the community. I explained that wasn’t actually how it worked. The board had authority to enforce the existing CC&Rs and to handle routine community business, but they couldn’t just create new restrictions out of thin air. She disagreed, insisting that the board had broad discretionary authority to implement rules they felt were necessary.
The conversation went in circles for about twenty minutes. She wanted the boat gone. I wanted her to show me the legal authority for demanding that. She couldn’t or wouldn’t provide it. Finally, she gave me an ultimatum: remove the boat from visibility within seven days, or I’d face fines and further action.