Greg Gerber posted on March 17, 2008 10:06
GILBERT, Ariz. -- A Gilbert couple that is seeking clarification of Gilbert's parking rules say they began putting their RV on the street after their HOA took legal action.
The Tone Ranch Estates HOA is seeking an injunction to prohibit David and Lynette Carrington from parking the vehicle on their driveway. That's why they began to park the RV on public streets, which are outside of their HOA's jurisdiction.
Josh Bolen, attorney for Tone Ranch Estates HOA, said while the association can't make rules regulating public streets it can enforce any violations of the town's code.
The neighborhood's rules allow an RV to be parked in a driveway for 24 hours before it has to be moved but a homeowner has to request permission to have a travel trailer on his property. Bolen said the association defines Carringtons' vehicle as a travel trailer because it has to be pulled by a truck, but Carrington maintains his vehicle is an RV.
Bolen said the association is seeking the injunction because the Carringtons have had the travel trailer in their driveway without permission.
He said the association distinguishes the vehicles because trailers have the tendency to stay on driveways longer after they are unhooked from trucks.
Carrington proposed that the association focus more on days rather than hours when it comes to restricting how long a vehicle can be parked in a driveway. He said he saw enforcement issues with an hourly restriction and said he could see the town facing similar issues when it comes to public streets.
SOURCE: The Arizona Republic