Before joining the Board, Barbara Tauritz, who lives at 2530 E. Eva Loop attended a Board Meeting.
From the Minutes of that meeting, as provided to me by Melanie Lashlee:
Public comments: Barbara would like board consideration for partial reimbursement for tree removal. She would like curbing behind her driveway painted red for a no-parking zone.
Alternate version of the Minutes of the same meeting, also provided to me by Melanie Lashlee:
Pre-meeting there was a brief request for assistance with poplar trees in her back yard from the owner of the property at 2530 E Eva Loop and to complain about street parking across the street from her home for later action by the board. The parking makes it difficult for her to back out of her driveway.
From the Association's July 18, 2014 Newsletter:
There is NO PARKING allowed in the alley ways throughout the community. This area was not designed to be used as extra parking space for the members.
From the Association's April 28, 2015 Newsletter:
No mention of parking.
From the Association's April 2016 Newsletter:
There will be “No Parking” signs installed in the alley ways of the community. Please be advised that once these signs are in place, your vehicle will be towed if you park there. There is overflow parking available on King Street for your guests and/or your convenience.
From the Association's May 2017 Newsletter:
As a reminder please remember there is “No Parking” on the streets or alley ways. The streets are narrow and need to remain open for emergency services at all times. There is extra parking on Kings [sic] Street if you need extra parking for guest [sic]. Please be advised you could be towed or your car booted if you are parked on the street.
From the Association's November 1, 2017 Newsletter:
The curbs in your community were repainted red, which included the areas that had not been painted previously. The reason for this is to prevent parking on the street, as it is not allowed. The streets are too narrow for parking and must remain open for emergency services.
Email exchange between Melanie Lashlee and myself:
From: William Lee [mailto:email@example.com]
Sent: Monday, October 16, 2017 11:21 AM
To: Melanie Lashlee
Dear Ms. Lashlee:
It is my understanding that the Board and/or you have ordered the booting of at least one vehicle on the HOA's loop drives. Please let me know the procedure that is followed concerning the booting of vehicles.
From: Melanie Lashlee <firstname.lastname@example.org>
To: William Lee <email@example.com>
Sent: Tuesday, October 17, 2017, 2:41:32 PM MST
Subject: RE: Booting
Bill, I did not call the towing company and I am not aware of any board member that did . There is “No Parking” on the street so if the tow company were to tour the property then they can boot a car/truck in violation .
Flagstaff Regional Director
From the Minutes of the 2018 Board Meetings as provided to me by Melanie Lashlee:
January 30th, 2018:
>Rules and Regulation Committee formed-Nita, David, Ron & Judy
>Report from Dave regarding signage in community.
April 24th, 2018
>Reviewed update for Rules and Regulations - will vote by email
>Reviewed sign project bein g [sic] researched by Dave. Estimated cost about $4-5000. Will vote by email on final proposal.
July 31st, 2018
>Revised Rules and Regulations were adopted via email and now in effect.
>Sign replacement and adjustment project approval was confirmed via email.
Up until this time, parking was allowed on Association streets:
A. “Temporary” parking for a limited period of time is permitted on the Association streets (Eva, Heidi and Jeffrey Loops.) You may not store vehicles on the Association streets.
That changed with the new Rules, Regulations, and Guidelines Updated May 2018, though they are repeatedly referred to as the Revised Rules and Regulations:
Parking is not allowed on any association street or alleyway at any time. Eva, Heidi and Jeffrey Loops are not city streets. They are owned and maintained solely by the HOA. Under city code, the streets are considered “Private Fire Access Lanes”. Consequently, cars parked in violation may be booted and/or towed by a contracted independent towing company.
However, when I wrote to Fire Marshal Pat Staskey, the response came from Deputy Fire Chief/Fire Marshal Jerry Bills. According to Fire Marshal Jerry Bills, banning all parking is not required by the city codes. It's up to the Board of Directors.
RE: Fire Lanes
From: Jerry Bills (firstname.lastname@example.org)
Cc: PStaskey@flagstaffaz.gov; KSnide@flagstaffaz.gov; GNovak@flagstaffaz.gov
Date: Wednesday, November 21, 2018, 11:57 AM MST
Mr. Lee, being this property is private we have no jurisdiction on this parking matter. My opinion is not relevant as the HOA has the right to do as the association determines. The Code that was in place at the time of the building of these structures has been updated several times, and I would think the CC&R depicts what the city required then. Our current Fire code is the 2012 International Fire Code, and the amendments are posted in the City Code Title 5 Appendix D and in the amended chapter 5 . https://www.codepublishing.com/AZ/Flagstaff/ This is for new construction and does not apply to your HOA.
I have recently been assigned as the City Fire Marshal, as Pat has move to another section of the Department.
All the Best.
Deputy Fire Chief/Fire Marshal
928 213 2507
From an email by Melanie Lashlee:
November 2, 2018, 12:04 PM MST
The HOA does not pay invoices to the tow company . We are not provided reports .
So, even though parking had been allowed on Association streets for more than twenty-five
years, vehicles are now being booted or towed, and the owners being required to pay up to $180, plus $25 per day, plus the risk of loss, theft, vandalism, or damage that might result from the booting, or towing, or storage. And it's being done by a private contractor with no oversight by the Directors or Melanie Lashlee.
Note: Use of underlining and bold font was done by me to highlight.