A heads up that warning letters are going out shortly for parking violations. Read more to learn how to avoid a Covenant violation and a possible fine.
WHAT ISSUES HAVE BEEN OBSERVED?
Non-parallel (diagonal) parking in cul-de-sacs is a recent trend that has been causing problems. The street is a public right-of-way and subject to the jurisdiction of the City of Longmont. However, please note that Colorado Revised Statutes Title 42. Vehicles and Traffic § 42-4-1205 specifies that parking shall be parallel to the right of way and within 12 inches of the right hand curb. This means that any diagonal parking or parking perpendicular to the curb in a cul-de-sac is a violation of Colorado traffic code and is subject to a ticket and fine. Additionally, the City of Longmont Model Traffic Code 11.04.113. – Part 12, “PARKING” amended specifies that no car shall be parked within 5 feet of a driveway (private or public). Please take care to park parallel to the curb and not within 5 feet of any driveway.
Additionally, storage of utility trailers, recreational vehicles, and boats on driveways has become more commonplace as has the storage of inoperable vehicles. Warning letters will be sent out this week and continued violation of covenants can result in a fine.
WHAT TYPES OF VEHICLES ARE RESTRICTED?
The City of Longmont dictates what types of vehicles can be parked in the street. The Covenants of the Creekside HOA dictate what types of vehicles can be parked on driveways within the HOA. Utility trailers and recreational vehicles are the types of vehicles most commonly associated with enforcement action.
WHAT PRECISELY DO THE COVENANTS SAY?
At present, the Covenants for the Creekside I Homeowner’s Association consist of six (6) separate filings. Those can be found here on the Documents page. For all Filings, the relevant text can be found in Section 10.8(a). The language in Filing 3, Filing 4, Filing 5 and Filing 6 is identical:
Automobiles shall be the only vehicles parked in the street or in visible areas on private property within Creekside Subdivision. Onsite parking for boats, trailers, RV’s and other types of recreational vehicles shall be prohibited. Vehicles shall not be parked adjacent to drives (in set-backs) in front of the front building line in accordance with City of Longmont Regulations. Any type of repair of any vehicle shall take place only within the garage. No repair work shall be done on the driveway. Any vehicles in inoperable condition shall be stored in garages.
The language in Filing 1&2 is a little different but places the same emphasis on maintaining orderly appearance without superfluous visual clutter that detracts from property values:
Automobiles shall be the only vehicles parked in the street or in visible areas on private property within Creekside Subdivision. Provision shall be made for on-site, screened parking for boats, trailers, RV’s and other types of recreational vehicles. Vehicles shall not be parked adjacent to drives (in set-backs) in front of the front building line in accordance with City of Longmont Regulations. Vehicles of any kind shall be repaired only in garages or on the driveway, and if so conducted, this activity will continue outside the garage for a period no longer than twenty-four (24) hours. Any vehicles in inoperable condition shall be stored in garages.
THIS IS A GOOD EXAMPLE OF WHY THE COVENANTS REQUIRE REVISION
Within the same neighborhood there are subtle differences in the precise language governing the storage of vehicles. Such discrepancies make consistent enforcement of the intent of the Covenants challenging.