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HOA bylaws are different from one to the next. In our neighborhood HOA the covenants only apply to the "lots and homes" not the street and curb and gutter. These are City property and subject to city ordinances.
I would check with the City and if there is no ordinance violation go back to the HOA board and plead my case.
Another option would be to check with the City and see if you could replace the curb with a flat curb.
Good luck!
I wish you good luck but it all depends on the individuals on the board.
Mine specifically states no street parking in our neighborhood (which I support 100%). Previous board assembled a "street parking task force" to report street parking. Residents voted in a new board and now they refuse to enforce hand-picked CCnRs, and strictly enforce others - like me putting a shed behind my garage completely out of view on all sides (8.5' board on board fence all around.
I have a similar driveway curb and my Z06 sits much lower than a C8 (3.25" off the ground to be exact"). I just enter and exit the driveway at sharp angles.
READ your covenants. It matters not what any other HOA has said if their covenants aren't the same as yours. In many cases, the covenants apply ONLY to permanent structures, like the house, garage and sheds. The curb thingy is clearly not a permanent structure, so see if that might be a way around it.
My covenants applied to pea gravel when one board member decided that it applied.
Non compliant product with the vendor name Bridgit.com with it's 1 877 622 8811 toll free number listed on a public street is probably not going to fly with most HOA's.
The picture I posted of the long bridjit along the street is actually from their website that’s not out in front of my house. I use theirs from the website as I haven’t taken one from the street myself. Our street is jet black and the bridjit matches it perfectly but you do still notice it as it covers part of the concrete.
READ your covenants. It matters not what any other HOA has said if their covenants aren't the same as yours. In many cases, the covenants apply ONLY to permanent structures, like the house, garage and sheds. The curb thingy is clearly not a permanent structure, so see if that might be a way around it.
yeah I’ve read the CC&R’s this simply isn’t mentioned anywhere in it. The section they violated me under says “sidewalks to access back gates“.
The battle is always worth fighting, do you need a Corvette? I'm guessing a used Civic would work better for your transportation needs
You didn't answer the question (How's the clearance if you enter at an angle). Your photos appear to show you entering straight in. Taking hazards like this at an angle often solves the problem.
I am pretty certain what the HOA will argue is that by using this device, you are restricting the storm drainage and possibly causing water to pool there, maybe even causing water damage to adjoining properties. This is just a thought but I'm fairly confident this will be the argument so there is a valid reason to deny and you will lose this one.
Using scare tactics with an HOA, or battling with them endlessly is like fighting any government entity. They will outlast you with legal challenges as they have an endless funding which you are paying. So, in essence, you will fund both sides of a legal challenge.
Best to you,
Last edited by BlindSpot; Nov 4, 2022 at 10:16 AM.
You didn't answer the question (How's the clearance if you enter at an angle). Your photos appear to show you entering straight in. Taking hazards like this at an angle often solves the problem.
HIs driveway isn't steep. He can angle it just fine and make it up there. He just wants to enter his car straight in and fight the HOA.
So as luck would have it, it is raining right now in the PHX area. The point I was making above about developed communities using the streets and curbs as the via for storm movement to a low point retention basin can be seen in this pic. I just snapped this from my front door. It is a still pic, but storm water on both curbs is running like rivers. When the rain stops it will take less than five minutes and the water will be gone as the street is graded that way. (Great for skateboarders, at least in one direction).
This is likely going to be the issue with the curb interference. You might argue that one driveway won't impact this storm flow, but when you allow one, you have to anticipate everyone could want one and when you approve one you have to approve them all.
...And, rain just stopped and rivers are gone....
I am very familiar with the monsoons, it’s been in my position for @15 years and at its current location for over 4. It has a channel underneath for most rains. When it’s really heavy it flows around a bit but a total non issue. Like I said been there for years including for todays rains ……
yeah I’ve read the CC&R’s this simply isn’t mentioned anywhere in it. The section they violated me under says “sidewalks to access back gates“.
what a joke
So ask them if they're willing to go to court on a clause that clearly doesn't apply, and if they don't back down sue them and ask for court costs, too. Courts generally don't like HOAs very much, and even when the HOA is in the right often decide against them. Our HOA, for example, filed a lien on a property owner who hadn't paid dues for 20 years, then went to court to collect. The court found in the HOA's favor, but only awarded a fraction of what was owed, and only 30% of what the HOA had to pay the attorney.
I'm in Arizona and have the same entrance to my drive and my C8 is lowered 1.25 inches...I just go in at an angle and leave at an angle and never scrape.