Poor planning by builder and board rules create havoc for vehicle owners

August 26, 2003

By Mark Walker
Copyright AHRC News Services

My name is Mark Walker, and I have been a resident of Mesa, Arizona for 27 years. Please read this E-mail in full, and I, along with approximately 50 residents in my neighborhood, request any comments, suggestions or assistance you may provide.

The following is a summary of our situation..

In February 2003, my family and I closed escrow on a newly built condominium in Park Central at Augusta Ranch; designed and built by Trend Homes/Classic Communities. Before we signed to purchase the home, the salesperson and I talked extensively about the parking rules within the community. It was stated that parking would be allowed on the private street around the community, but not in the fire lanes. We purchased the home with no further thoughts about having available parking.

In May 2003, I attended a “Welcome to the Community” meeting with three other homeowners present. We were informed that a parking restriction would soon be implemented that will prohibit street parking around our community, and a two car per household limit is now in effect.

After the meeting, I talked with a few of my neighbors that own a boat, have children that drive (more than two cars per household), and own a vehicle that doesn’t fit in their garage. We were outraged, as all were told by the salesperson that parking would be allowed on the street. In disbelief, we started arranging meetings with other homeowners and sending notices by mail and in person to inform the community.

In the weeks to come, much discussion took place with Reed Porter, President of Trend Homes, and Dave Bulloch, President of Classic Communities. Both representatives expressed their knowledge of the new community not having the space for parking (due to poor planning) and they were persistent with their statement of, “this rule is not new, it’s in the Covenants, Conditions and Restrictions (CC&R’s) that you signed when you bought the house.” In the days to follow, evidence was pointed out to Trend Homes that this was in fact a new rule, and the CC&R’s do not make mention of the parking restriction or the two car limit.

Eventually, Trend Homes admitted they sought legal council to clarify the documents, and the parking restriction was not included in the CC&R’s; however, it was “intended” to be. With more weeks of discussion, Trend eventually agreed to let the homeowners vote on the topic.

On July 21, 2003, homeowners received a ballot in the mail requesting their vote. On August 1, 2003 (day that ballots were due), the final vote was 50 votes in favor of Parking Allowed on the Street, and 31 votes in favor of No Parking Allowed on the Street. This was good news to us homeowners, as the Parking Rule that was explained to us when we bought the house was true and accurate, and the majority of the votes received were in favor of parking.

The following week, Trend sent their final decision letter to all homeowners stating that the vote was simply for them to gage the homeowners opinion, however the No Parking Restriction will be enforced in full (through towing, booting and fining) within the next week. The reason behind Trend siding with the minority was because the CC&R’s state that the Board of Directors may change the Rules and Regulations at anytime… and because this rule was their intent when the neighborhood was built.

What this means to us homeowners…

Within one week, I have to sell my 2001 Extended Cab Chevy Truck, as it is too long to fit in the garage (and purchase a smaller vehicle) – or I can park in the Albertson’s parking lot one mile away. My neighbor must sell his jetski. Many neighbors with children that drive must park at the Albertson’s Shopping Center and walk to the neighborhood. People with roommates must sell their home and find a new place to live. Families with two vehicles and a motorcycle must park the motorcycle in their living room. Everyone must register their vehicle and personal identification with an outsourced agency (Arizona Parking Solutions) in order for Trend to monitor the parking. Etc. Etc. Etc.

As you can see, the past several months have been a constant battle with Trend Homes. We need your help!!

Sincerely,

Mark Walker