Waterfall Community Street Parking Rules and Enforcement
Since its inception in 2005, the Waterfall community continues to have its share of street parking issues. Whether it is from homeowners that choose to park their vehicles in the streets rather than their garages or driveways, or guests who overnight park their vehicles in the streets…the covenants state specifically where and when vehicles can be parked:
Permitted Uses and Restrictions
6.13 Vehicle Parking
(a) Owner and Occupant Parking Priorities. It is the intent of this Subsection to limit on-street parking within the Property. Accordingly, each Owner and the occupants of his Residence shall park all of their vehicles first within the garage and then on the driveway of the Owner's Lot; provided, however, that the number of vehicles parked on any Lot shall not exceed the maximum number of vehicles that the garage and driveway were designed to accommodate (e.g., if a Residence has a two (2) car garage and a driveway designed to accommodate two (2) additional cars, then no more than four (4) cars may be parked on the Lot). Garage doors must be kept closed at all times, except as reasonably required for ingress and egress to and from the garage. Only after all parking areas first within the garage and then on the driveway are full shall an Owner be allowed to park a vehicle on the streets within the Development. In addition, no Owner shall park, store, or keep anywhere within the Property any vehicle or vehicular equipment, mobile or otherwise, deemed to be a nuisance by the Board, in its sole and absolute discretion.
(b) Guest Parking. Notwithstanding the provisions of Subsection 6.13(a), Persons other than Owners and occupants of the Property, including, without limitation, their guests, invitees, and licensees, may park their vehicles on the streets of the Property between the hours of 7:00 a.m. and 10:00 p.m. Pacific Standard Time. During times other than these hours, including overnight stays, vehicles of such other persons must be parked in accordance with the provisions of Subsection 6.13(a).
(h) Parking Rules and Regulations. The Board may adopt rules and regulations consistent with this Section 6.13 to further regulate vehicle parking in the Property.
WATERFALL ADOPTED RULES AND REGULATIONS
Updated and Revised May 2012
1. Parking Restrictions
There will be no on street parking with the exception of:
i. Guests parking their vehicle during the hours of 7:00 a.m. to 10:00 p.m.
ii. If the written permission of the Board is granted in the form of a parking permit.
The Owner or Resident shall park all of their vehicles first within the garage to the fullest extent as constructed (i.e. two car garage should have two vehicles parked in the garage).
If the Owner or Resident shall park their vehicles within the driveway to the fullest extent as constructed after the garage has been utilized to the fullest extent that it was constructed (i.e. two car driveway should have two cars parked in the driveway).
If there are more vehicles owned by the Owner or Resident of the Lot than which can be parked in the garage as designed and driveway, the Owner or Resident may request a variance from the Board of Directors to park on the street.
No vehicle shall be parked on any street so as to overhang any portion of the sidewalk or curb or within 15 feet of a fire hydrant, street comer, or mailboxes.
2. Commercial Vehicles
Commercial vehicles, as defined by the CC&Rs, include but not limited to:
i. Any pickup truck with greater than 3/4 ton capacity that has commercial insignia, names, or other common additions such as racks, ladders, tools, etc. indicating that the vehicle is used for commercial purposes.
ii. Any van larger than nineteen feet that has commercial insignia, names, or other common additions such as racks, ladders, tools, etc. indicating that the vehicle is used for commercial purposes
iii. Any dump truck, cement mixer truck, oil or gas truck, delivery truck.
No commercial vehicle shall be kept, stored, or parked anywhere within the community except:
i. They are temporarily parked on any Lot for the sole purpose of serving such Lot.
ii. If the written permission of the Board is granted.
3. Recreational Vehicles
Recreational vehicles, as defined by the CC&Rs, include but not limited to:
ii. Trailer coaches
iv. Camp trailers
vi. Non-passenger vehicles
vii. Boats or other watercraft including wave runners
viii. Four-wheelers and off-road vehicles
No recreational vehicle may be parked within the Association except:
i. If the entire vehicle is enclosed within a garage and in doing so still allows enough garage and driveway space for each passenger vehicles belonging to the residence to be parked in accordance with section E (a) (ii).
If the vehicle is located behind a side yard wall/fence and screened gate. The screen portion of the gate may not exceed the height of the adjoining wall/fence. The height of the recreational vehicle may exceed the height of the screened gate.
If the written permission of the Board is granted.
4. Disabled, Inoperable and Unregistered Vehicles
No disabled, inoperable, or unregistered vehicles, campers, boats, trailers, recreational vehicles, or other types of nonpassenger vehicles, equipment, implements, or accessories may be parked in the street unless given the written permission of the Board has been granted.
Disabled, inoperable, or unregistered vehicles, campers, boats, trailers, recreational vehicles, or other types of non-passenger vehicles, equipment, implements, or accessories may be parked in the driveway and/or garage for up to forty eight (48) hours.
5. Parking Enforcement
If any vehicles are parked on the street from 10:00 p.m. to 7:00 a.m., they will be tagged and subject to tow within forty eight (48 hours) after the notice has been placed on the vehicle at the owner’s expense.
If the same vehicle is tagged three or more times, it will be subject to immediate tow at the owner’s expense.
If any vehicles are parked on the street along the red curb or within 15 feet of a fire hydrant, it will be subject to immediate tow at the owner’s expense.
With the community contract homeowners reviewed when selecting Waterfall as their place of residence clearly stating parking restrictions and enforcement, the Board of Directors wishes to continue these guidelines and place into effect an overview of the procedures the contracted security vendor will implement:
Procedures for Security Detail
During regular scheduled patrols of each of the four communities within Waterfall, security vendor will note those vehicles that are parked in the street after 10:00 pm. Upon return patrols, after 1:00 am and before 7:00 am, security will document those vehicles still parked in the street in a log by recording the vehicle’s make/model/color and tag identification. Security vendor will also note this information on a notification and will place it on the windshield of the vehicle. This warning advises the owner they have 48 hours to remove the vehicle from the street and adhere to the Waterfall CC&R’s regulating vehicle parking or the vehicle will be towed at owner’s expense.
Following the 48 hour notice, if homeowner disregards the posted notification, security detail will contact approved towing company, and have the vehicle towed from the Waterfall community. As outlined in the Waterfall Rules and Regulations, the vehicle owner will have to contact the towing company to arrange for pick- up of vehicle at owner’s expense.
If security vendor has documented a vehicle that was in violation for parking in the street within 24 hours, and the vehicle has returned to an alternate location, but still on the street, the towing procedure will still be enacted.
If the security vendor has documented the same vehicle for parking violations three or more times, it will be subject to immediate tow at the owner’s expense.
If the security vendor has documented a vehicle parked on the street along a red curb or within 15 feet of a fire hydrant, it will be subject to immediate tow at the owner’s expense.
Exceptions to Vehicle Violating Street Parking
A Waterfall resident can request a waiver to this street parking enforcement by contacting the management company, Monday – Friday between 8:30 am and 5:00 pm. The security vendor will review the request and provide a placard that will be placed in the dashboard of the vehicle and will be valid only for the dates indicated on the notice.
To prevent the placard from being counterfeited or copied and used beyond the approved dates, the management company will include the actual vehicle information, including the tag number, on the approval flyer and this will be printed on either safety and/or uniquely colored paper.
A Waterfall resident may request from the Waterfall HOA permission to park the vehicle on the street if they fall within the following category:
The resident has more vehicles than number of parking spaces for that particular lot (2-car garage, 2 spaces on the driveway and 5 vehicles). 1 vehicle will be permitted to park on the street provided a sticker is clearly posted on the vehicle.
The resident is anticipating visitors to stay overnight and the number of permitted vehicles exceeds that of the number of available parking spaces on the lot. Vehicle will require a placard is clearly posted on the dashboard of the vehicle.
These procedures can be reviewed and either altered and/or revised by the Waterfall HOA Board of Directors. To become binding, any alteration from the above documented Waterfall Rules and Regulations must be voted and approved by the Board during an announced Homeowners meeting. The revisions will need to be communicated to each resident via postal mailing and will become effective 30-days following such mailing.