WHEREAS, Article X, Section 4., of the Declaration for the Whittier Community Association, Inc. (“Association”) delineates the restrictions relating to the parking of vehicles upon any Lot or portion of the Common Areas of the Association; and
WHEREAS, Article X, Section 4 of the Declaration authorizes the Association to tow and remove vehicles; and
WHEREAS, Article XII, Section 2.(a), of the Declaration for the Association empowers the Board of Directors to adopt and publish rules and regulations governing the use of the Common Area and facilities; and
WHEREAS, the Board of Directors for the Whittier Community Association, Inc. desires to promulgate a more comprehensive policy in support of Article X, Section 4 of the Declaration of Covenants and Restrictions,
NOW, THEREFORE, BE IT RESOLVED THAT, in support of the above, the Board of Directors for the Association hereby declares and adopts the following policy and procedures governing vehicle parking:
- The following policy hereby supersedes any and all other policies which may have been previously enacted by any Board of Directors for the Whittier Community Association, Inc. (Association) and which may have dealt with the parking of vehicles upon the common elements of the Association.
- The owner, if readily identifiable, of any vehicle on which current registration plates are not properly displayed, junk vehicle, truck, trailer, house trailer, motor home, camper, or other similar machinery or equipment, any vehicle which poses a hazard, or any vehicle not properly parked in parking spaces which are located upon the Common Areas, shall be notified in writing by the Board or its agent of the alleged violation and to remove such a vehicle from said premises within a period not to exceed seven (7) days. In the event that the owner of such vehicle cannot be readily identified, the Board or its agent shall post notification of the intent to remove the vehicle upon said vehicle. This notice shall direct the owner to remove the vehicle within seven (7) days of the posting of the notice upon the vehicle.
- Vehicles which are not removed within the specified period shall be removed from the community. Any towing and storage charges or damages resulting from such removal, if any, shall be the responsibility of the owner of the vehicle. If the vehicle is determined to be owned by a tenant or guest of a member of the Association, the member shall be responsible for any expense incurred in the removal of such a vehicle.
- Any subsequent violation of the above policy involving the same vehicle or vehicles within six (6) months of the initial violation, will result in the immediate removal of such vehicle without further notification.
- The following definitions are hereby established in order to afford a more explicit understanding of the vehicles listed in paragraph B. above:
- Junk Vehicle: A junk vehicle is any vehicle that is incapable of passing current Maryland State Motor Vehicle Administration inspection procedures, any vehicle that does not display current registration plates, any vehicle which is in visible disrepair, any vehicle which is inoperable or any vehicle which remains stationary in the common parking areas or driveways for a period exceeding fifteen days (15) days. Proof of this violation must be supplied, in writing, by a member of the Association willing to testify that the vehicle has been stationary for a period exceeding fifteen days (15) days.
- Truck: A truck is a vehicle with a load capacity of greater than two (2) tons and/or meeting either of the following conditions:
- Having more than two (2) axles, and/or
- Having more than four (4) wheels.
- Trailer: A trailer is any vehicle which is drawn by another vehicle having motive power but is incapable of motive power by itself.
- Camper: A camper is any vehicle drawn by a car or truck and is used as a temporary or permanent dwelling.
- House Trailer: Same as camper.
- Motor Home: A motor home is a vehicle having its own motive power outfitted as a traveling home.
- Vehicle on which current registration plates are not displayed: Self-explanatory.
- Hazard: Any vehicle parked in an area that can impede access of emergency vehicles, parked in a fire lane or which otherwise impedes the safe ingress and egress of private automobiles.