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HOA Bans Homeowners From Parking In Own Driveway

Castle Rock HOA May Fine Couple

POSTED: 10:40 pm MDT June 22, 2010
UPDATED: 10:13 am MDT June 23, 2010

A Castle Rock couple may be fined for parking in their own driveway. Their homeowners association said it is not allowed.

The HOA declaration states cars must be parked in the garage, not in the driveway.

That's a problem for Tim and Kim Hickle whose two sons are home from college and staying with them over the summer. Each boy has a car.

"You are allowed two vehicles and they are supposed to be parked in the garage at night," said Kim Hickle.

Both Tim and Kim have cars, which they park in the garage, leaving their sons to park in the driveway. But that's against HOA rules.

"[Cars] shall be limited to occasional, incidental guest or visitor parking, and shall not include chronic or ongoing parking of vehicles," said Mark Payne, attorney for Villa Carriage HOA.

The Hickles think it is ridiculous that their kids cannot park in their own driveway.

"The fact is we have 80 some-odd owners who could very well argue that the reason [they] bought in this neighborhood was because [they] like this provision," Payne said.

"They are interpreting it one way and we are interpreting it another way," said Kim Hickle.

At question is the wording that says the parking must not be "chronic" or "ongoing."

"We all leave at 6 o'clock in the morning, so we are not ongoing, continual, or chronic," said Kim Hickle.

But Payne said if a car is there every night, even if only over the summer, it's ongoing.

"I would say that would be temporary," said Payne.

Payne said while some rules by HOAs may not seem fair, each HOA has the right to make up its rules as long as they do not violate state or federal law.

The Hickles said to add insult to injury, their neighbors right across the street can park in their driveways. It is run by a different HOA.

The Hickles have hired an attorney and plan on fighting the regulation.
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