Board Meeting
25 August 2024
3:00 p.m.
Board Members Present: Marguerite Elia, Brent Cho, Tim Morse, Anna DeJesus, Jack Schroeder
Guests Present: D. Spence, K. Kinuthia, T. Marion, J. Luistro,
- Parking Rules
Marguerite Elia provided the history of PROE parking rules. An esteemed law firm wrote the proposed parking rules under discussion today. A second unrelated highly reputable law firm also reviewed them. Fire lane laws are not “optional” and have been mandated since the 1950s in our California region. The HOA is governed by its CC&Rs, federal, state and municipal laws. The definition of “guest” is also defined by state law. “Guest” status is not determined by familial relationships by California law, but is based on a state-defined temporary and brief time-frame. Before Park River Oaks properly enforced parking and fire-lane laws, there were a few years where ~15 out of 82 homes monopolized all 40 parking stalls and obstructed our roads daily. There were many complaints from the 65+ homes whose visitors were denied access to parking stalls and who suffered from road obstructions. NONE of the rules in the detailed policy are “new,” they are consolidated into one comprehensive document. Clear fire-lane restrictions and laws forbidding of road obstructions have been in the CC&Rs and the state laws that govern this community for many decades and have carried the weight of a binding legal contract in court. Since our rules enforcement became consistent, the majority of this community are much happier.
Attendees asked several questions.
Q: Has the board voted on the parking rules?
A: The Board has not yet voted on the rules. The vote will occur later today. Homeowners were given over 42 days to submit written or oral concerns after receiving copies in early July. Only 30 days are required by law. Nothing was received from anyone in that period. Homeowners also have an opportunity to speak today.
Q: Do the HOA parking rules follow state laws, or are they more detailed.
A: HOA rules completely follow state laws. Obstruction of fire lanes for recreational activities is not permitted by law.
Q: Why are basketball games allowed on some Sacramento streets?
A: It partly depends on the width of the street. Civil Code D105.2 requires 26 feet of unobstructed roadway from each curb. Basketball might be legal on residential streets that are much wider than 26 feet. All Park River Oak HOA roads are entirely designated as fire lanes due to their clear narrowness. The HOA also bears a legal responsibility for safety on its private streets because we OWN them. City-owned public streets do not hold homeowners legally responsible for what others do. The HOA may be held liable if our road and safety rules are not enforced. HOA roads may be used for travel only. Arterial roads anywhere in Sacramento do not allow any obstructions or games played in the middle of arterials ever, and this fact is enforced by the police.
Q: In the rules what does “temporarily stopped” mean?
A: There must be an extraordinary event. For example, fully moving in or moving out of a home for the specific time it takes to do the task is allowed for trucks near the garage affected. That does not apply to carrying groceries or the majority of smaller matters that do not need the road obstructed.
Q: What constitutes an unreasonable annoyance or nuisance?
A: Nuisances are established in the CC&Rs, municipal codes and state codes where ingress or egress must never be impeded, and obstructions on the roadways are forbidden at any time if roads are designated as Fire-lanes with EITHER signage or red painted curbs. The Fire Marshall visited Park River Oaks multiple times and deemed every road to be a Fire-lane. Illegal parking, road obstructions, and Fire-lane violations have occurred many 100s of times by a very small number of residents where verbal requests to follow safety rules were ignored often daily. After road/parking rules enforcement became consistent in 2022, less than 8 homes continued violations. The vast majority of residents follow road/parking rules.
The Board voted to approve the parking rules and election rules after over two hours of discussions with homeowners.
Meeting adjourned at 5:20pm.