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I live in a private gated community within San Diego and the…

Hello, I live in...

Hello, I live in a private gated community within San Diego and the HOA is forcing homeowners to park in their own driveway overnight (2-5 am) blocking your driveway, before issuing an overnight pass for additional cars. I have a one car driveway and they want me to park a car there blocking it. They consider full capacity of parking in your property blocking your private driveway -without obstructing the street or sidewalk. I don't feel comfortable blocking my own driveway for safety reasons. If there's an emergency, an emergency vehicle will not be able to ingress or egress my residential driveway. I found Sec 86.0148 of the San Diego Municipal Code and the HOA is telling me that there is no law that prevents me from parking in my private driveway and that they contacted the San Diego Police and they confirmed that. I don't believe the San Diego Police would state that. I spoke with a parking enforcement dispatcher today and she confirmed that it is illegal to park and block your own driveway -even inside. My issue is that I do believe it is illegal to block your own driveway and moreover to have the HOA force me to do that if I don't want to for safety reasons. Thoughts?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

San Diego, California

Lawyer's Assistant: Has any paperwork been filed?

No, just written request to the Board

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

NO, just the first message I just sent

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Answered in 6 minutes by:
9/29/2017
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 14,599
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Are they requiring the owners to park in the area in front of the garage that is still private property?
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Customer reply replied 11 months ago
Are you still there?

Thank you - here is that statute:

Parking On Parkway Restricted It is unlawful for any person to stop, stand, or park a vehicle in or upon any Parkway or upon any portion of a street between the sidewalk and property line unless all of the following conditions exist: (a) the vehicle is parked perpendicular to the curb, (b) the vehicle is parked within the extension of the driveway between the curb and sidewalk so that no part of the vehicle protrudes into the street or the sidewalk, and (c) no vehicle is parked which alone, or in combination with other vehicles, would prevent ingress and egress between the street and residential driveway by an emergency vehicle using the left side of the driveway. Left side is oriented by a person facing the residence.

It does not preclude a person from parking on their private drive; the goal of the statute is to prevent blocking the sidewalk.

The Jones court defined parkway as the area “between the sidewalk and the public street". - Jordan v. City of Sacramento (2007) 148 Cal.App.4th 1487, 1492.

Per Streets and Highways Code section 5600 sidewalk is defined to include “a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip.”

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legalgems
legalgems, Arbitrator
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